If a third-party service provider who is not an attorney submits a reporting company’s beneficial ownership information to FinCEN, has that provider engaged in the unauthorized practice of law?

Nothing in the Corporate Transparency Act or FinCEN’s regulations prevents a third-party service provider who is not an attorney from submitting a reporting company’s beneficial ownership information (if authorized by the company to do so) or otherwise assisting a reporting company with preparing or submitting a BOI report. Whether an action qualifies as the unauthorized practice of law, however, is generally determined by state law, and thus may vary.