0504012 Informal Interpretation

us-ftc-hsr-informal-interpretations-fdc96e347232325d73576c6ce483b8be0504012 Informal InterpretationGuidance

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Date
Rule
801.1(f)
Staff
Michael Verne
Response/Comments
The determination of whether a foreign entity is treated as a partnership or corporation is unchanged.

Question

From: (redacted)
Sent: Thursday, April 21, 2005 1:19 PM
To: Verne, B. Michael
Subject: Company Formed in The Netherlands

Hi Mike,

I am preparing an HSR Notification for the acquisition of acompany formed in The Netherlands. I think I previously would have treated thisentity as a corporation because it has a board of directors in which at leastone member is an outside director. However, with the new rules, would I nowtreat this as the acquisition of non-corporate interests in an unincorporatedentity (and not the acquisition of assets or voting securities)?


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