As you may or may not be aware, the Corporate Transparency Act (the “CTA”) was passed in 2021 as part of the National Defense Authorization Act to combat money laundering. Its rules were finalized in September of 2022 and will become effective on January 1, 2024. The CTA is a very broad law requiring business entities to disclose their “Beneficial Owners” to the Financial Crimes Enforcement Network (“FinCen”) unless they fall under certain limited exemptions.  This policy is being administered by the U.S. Treasury Department.

A well-drafted rent-back agreement should address the rights and responsibilities of both the seller and the buyer during the post-closing occupancy period.  This includes specifying any rent amounts, deposits, maintenance responsibilities, and potential liabilities.  By clearly outlining these terms, parties can avoid misunderstandings and potential disputes.