1201008 Informal Interpretation

Date:
Rule:
801.1(d)(2)
Staff:
Michael Verne
Response/Comments:

  – Yes to all three. K Walsh concurs.

Question

To: Verne, B. Michael; Walsh, Kathryn
Cc: (Redacted)
Subject: Associates

From: (Redacted)
Sent: Friday, January 20, 2012 10:38 AM
To: Verne, B. Michael; Walsh, Kathryn
Cc: (Redacted)
Subject: Associates

Ihave a few questions related to the associate concept and the decision tree onthe PNO's website.

(1) LP1 in the chart is termed theacquiring person. Is it also the acquiring entity?

(2)What if GP Sub is an LLC and Mr. X manages the investment decisions of GP Subunder contract? Would Mr. X be an associate of LP1?

(3)What if LP1 controls partnerships A, B, and C and A is the acquiring entity. Ifunder contract Mr. Y manages the investment decisions of B, would Mr. Y be anassociate of LP1?

About Informal Interpretations

Informal interpretations provide guidance from previous staff interpretations on the applicability of the HSR rules to specific fact situations. You should not rely on them as a substitute for reading the Act and the Rules themselves. These materials do not, and are not intended to, constitute legal advice.

Learn more about Informal Interpretations.