二、可能触发强制申报的分阶段交易的申报时间提前 问：如果外国主体先获得股权（equity interest），但在CFIUS审查之前不会获得控制权或受管辖的投资相关权利，在评估提交强制申报（mandatory filing）的时间时CFIUS如何确定完成日期（completion date）[2]？答：完成日期是将任何所有者权益（ownership interest）让渡给某人...
按照FIRRMA法案,CFIUS有权规定某项“受监管交易的类型”需要进行强制简化申报(mandatory abbreviated filing),或称之为“声明”(declaration),这是FIRRMA规定的一种新的申报流程,在实施细则出台后将正式施行。其中,FIRRMA明确规定了,当外国政府在某一外国投资者中持有直接或者间接...
Both the CFIUS Pilot Program and the proposed regulations implement FIRRMA's exemption of certain investment fund transactions from the above categories of mandatory filings. An investment by an investment fund is exempt from the Pilot Program mandatory filing requirement, and would also b...
(5)本身非上述(1)-(4)项所列外国投资人,但对其持有“受制于关键技术强制申报的投票权益”的非美国实体。 为此,《申报法规》提出了两项新的定义:“美国监管授权”(U.S. regulatory authorization)以及“受制于关键技术强制申报的投票权益”(voting interest for purposes of critical technology mandatory declaratio...
to staged transactions. Specifically, CFIUS clarified that the “completion date” triggering the deadline for submitting a mandatory filing is the date that the ownership interest is conveyed, not the later date on which the foreign person acquires the non-passive rights that would trigger the man...
Mandatory Filing for Foreign Government-Controlled Transactions Prior to FIRRMA, CFIUS was a wholly voluntary process. One of FIRRMA’s most significant changes makes CFIUS filings mandatory in certain situations, and imposes monetary penalties (up to the value of the investment) for the failure to ...
CFIUS regulations. If the transaction could result in foreign control of a US business that “produces, designs, tests, manufactures, fabricates, or develops critical technologies” used in one of the industries the Treasury Department has listed in an appendix, then amandatory filing ...
Given mandatory filing requirements, expanded CFIUS jurisdiction and CFIUS's aggressive pursuit of non-notified transactions, CFIUS issues must be considered early in any cross-border deal involving a US business or assets to ensure they are managed properly. ...
The Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA) reflects these developments and has made certain controlling and non-controlling investments subject to a mandatory filing requirement. Holland & Knight's CFIUS and Industrial Security Team has a strong international trade and ...
5. Is a CFIUS Filing Mandatory? For the first time, FIRRMA and the final regulations impose mandatory filing rules in certain transactions. This mandatory regime puts an additional CFIUS compliance burden on non-U.S. investors, and funds with non-U.S. limited partners. ...