Final FinCEN rules for real estate and investment advisor sectors

Yesterday, FinCEN announced two final rules designed to help safeguard the residential real estate and investment adviser sectors from illicit finance.

The final residential real estate rule, published [89 FR XXXXX] in today’s Federal Register and effective December 1, 2025, will require certain industry professionals to report information to FinCEN about non-financed transfers of residential real estate to a legal entity or trust, which present a high illicit finance risk. The rule will increase transparency, limit the ability of illicit actors to anonymously launder illicit proceeds through the American housing market, and bolster law enforcement investigative efforts.

• Residential Real Estate Rule Fact Sheet
• FAQs on Real Estate Reports

The final investment adviser rule, scheduled for Federal Register publication on September 4, and effective January 1, 2026, will apply anti-money laundering/countering the financing of terrorism (AML/CFT) requirements—including AML/CFT compliance programs and suspicious activity reporting obligations—to certain investment advisers that are registered with the U.S. Securities and Exchange Commission (SEC), as well as those that report to the SEC as exempt reporting advisers. The rule will help address the uneven application of AML/CFT requirements across this industry.

• Investment Advisor Rule Fact Sheet