1204011 Informal Interpretation

Date:
Rule:
801.11(e), 801.1(a)(2)
Staff:
Michael Verne
Response/Comments:

Agree.

Question

From: (redacted)
Sent: Monday, April 23, 2012 2:55 PM
To: Verne, B. Michael
Subject: Further Question

I was thinking further about our exchange this morning about an LLC owned by a federally recognized Indian tribe being an "entity" within the HSR definition although the Indian tribe itself would not fall within the exemption. I don't see anything precluding the LLC, being newly established, relying on 801.11(e) in its first acquisition when it does not have a balance sheet. Do you agree?

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.