On July 23, 2014, the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) issued a  Notice of Proposed Rulemaking that would amend existing Bank Secrecy Act regulations with respect to customer  due diligence (CDD) requirements for certain covered financial institutions, including mutual funds, brokers or dealers  in securities and futures commission merchants and introducing brokers in commodities. The proposed rules would  formalize certain CDD requirements and also require that covered financial institutions “identify and verify the beneficial  owners of legal entity customers.” FinCEN’s proposal includes a standard certification form that covered financial  institutions would be required to use for documenting the beneficial ownership of their legal entity customers. An  individual may qualify as a “beneficial owner” of a legal entity customer if the individual either (1) owns 25% or more  of the equity interests of the entity, or (2) has significant management responsibilities within the entity. As proposed,  covered financial institutions would be exempted from identifying the beneficial owners of an intermediary’s underlying  clients if the covered financial institution has no customer identification program obligation with respect to those  underlying clients.

Comments on the Notice of Proposed Rulemaking are due by October 3, 2014