1808002 Informal Interpretation

us-ftc-hsr-informal-interpretations-b3a01993ba631ab255107d22d26f7a4f1808002 Informal InterpretationGuidance

Date

Tags:

Rule
801.30
Staff
Karen Berg
Response/Comments

[Redacted] that is fine with us.

Question

From: Berg, Karen E.


Sent: Tuesday, August 14, 2018 10:33:48 AM (UTC-05:00) Eastern Time (US & Canada)


To: [Redacted]


Cc: [Redacted]


Subject: RE: 801.30 Notice letter - stamped vs. physical signature

[Redacted], that is fine with us.


From: [Redacted]


Sent: Tuesday, August 14, 2018 10:14:25 AM (UTC-05:00) Eastern Time (US & Canada)


To: [Redacted]


Subject: 801.30 Notice letter - stamped vs. physical signature

Dear all,

I have what should be a quick question. Physical signatures are required for affidavit and certifications for HSR filings (Informal Interpretation 1608006). In an 801.30 transaction, is a digital or stamped signature acceptable for the notice letter provided that the affidavit and certifications will be physical signatures? Time is of the essence for sending the notice letter so the acquiring person would like to use a signature stamp, which is their standard business practice, because the signatory is not available until later in the day for the physical signatures.

I think this would be permissible, but am asking out of an abundance of caution. Please let me know if you agree.

As always, thank you for your guidance.

1
Sheinberg, Samuel I.
From:
Sent: 	Tuesday, August 14, 2018 10:34 AM
To: 	Walsh, Kathryn E.; Carson, Timothy; Shaffer, Kristin; Sheinberg, Samuel I.; Whitehead,
Nora; Cummings, Stephanie
Subject: 	FW: 801.30 Notice letter - stamped vs. physical signature
From: Berg, Karen E.
Sent: Tuesday, August 14, 2018 10:33:48 AM (UTC-05:00) Eastern Time (US & Canada)
To:
Cc:
Subject: RE: 801.30 Notice letter - stamped vs. physical signature
that is fine with us.
From:
Sent: Tuesday, August 14, 2018 10:14:25 AM (UTC-05:00) Eastern Time (US & Canada)
To:
Subject: 801.30 Notice letter - stamped vs. physical signature
Dear all,
I have what should be a quick question. Physical signatures are required for affidavit and certifications for HSR filings
(Informal Interpretation 1608006). In an 801.30 transaction, is a digital or stamped signature acceptable for the notice
letter provided that the affidavit and certifications will be physical signatures? Time is of the essence for sending the
notice letter so the acquiring person would like to use a signature stamp, which is their standard business practice,
because the signatory is not available until later in the day for the physical signatures.
I think this would be permissible, but am asking out of an abundance of caution. Please let me know if you agree.
As always, thank you for your guidance.
D 	P
Complete printed PDF page 1

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