0803010 Informal Interpretation

us-ftc-hsr-informal-interpretations-4f651521718c1fd0d8c85299dd11d6e20803010 Informal InterpretationGuidance

Date
Rule
803
Staff
Shelia Clark-Coleman
Response/Comments
Agree. KB concurs.

Question

From: (redacted)

Sent: Tuesday, March 11, 2008 3:20 PM

To:Clark-Coleman, Sheila

Subject: Note About HSR Affidavit

Dear Ms. Clark-Coleman,

Thank you for speaking with me about an HSR affidavitquestion I had. I explained that the affiant was in a car accident and while recovering from that at his residence, he signed the affidavitand certification page before a witness, not the notary. I also told you the notary included a notarized certificate forproof of execution certifying that the witness is personally known to thenotary and saw the affiant sign the pages. You advised this was acceptable inview of the unusual circumstances of the car accident and recommendedthat I note something to this effect in the cover letters I provide with the HSR filing. I intend toinclude a form of the following in my cover letters. If it is not sufficient,please let me know at your earliestconvenience.

An original affidavit and certification page will be supplied later, to besubstituted for the photocopied pages attached to the Report Form. A notarizedcertificate for proof of execution is included with these pages because theaffiant signed the affidavit and certification page in the presence of awitness while recovering from an automobile accident.

Thank you again for your input.


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