1312007 Informal Interpretation



Michael Verne

We have never allowed any grace period for 802.51. The rule says "in its most recent fiscal year". It's different for size of person because the rule specifically says not more than 15 months old. For Item 5 we feel like we have a little more leeway in interpretation since it is not determining reportability, just what is reported on a reportable transaction.

K Walsh concurs.


From: (Redacted)
Sent: Thursday, December 19, 2013 1:37 PM
To: Verne, B. Michael; Walsh, Kathryn

Subject: 802.51

For purposes of this rule, if one is signing a deal in January 2014, must one look to 2013 revenues? In some cases they may not be available.

I know for item 5, or certain balance sheets, one can use 15 months old or so.


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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.

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