What is substantial control, and how is it determined?

By
David Senawi
Compliance
2
min read
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Substantial control refers to significant influence over the decision-making processes of a company. It can be determined by assessing factors such as the ability to appoint or remove senior officers, control over financial or operational policies, and other significant management roles. Individuals who hold such influence, either directly or indirectly, are considered to have substantial control and must be reported as beneficial owners. Understanding and identifying substantial control is essential for accurate BOI reporting. Additionally, regular assessments and clear documentation of control structures can help businesses maintain compliance and transparency. Properly identifying individuals with substantial control ensures accurate reporting and minimizes legal risks.

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BOI Compliance, LLC (“BOI Comp”) is not affiliated with the US Department of Treasury’s Financial Crimes Enforcement Network (FinCEN) directly. FinCEN permits third-party service providers to assist business owners in submitting reports through FinCEN’s BOI E-filing website or an Application Programming Interface. Once BOI Comp submits your report to FinCEN, you will receive confirmation. FinCEN does not charge a fee if you wish to navigate the government’s reporting application process yourself and submit your company’s BOI report directly to FinCEN.