1904004 Informal Interpretation

Date:

Tags:

Rule:
803.5
Staff:
Timothy Carson
Response/Comments:

Yes, but the affidavit should still state that the UPE has the good faith intent to consummate the transaction.

Question

From: Carson, Timothy


Sent: Wednesday, April 17, 2019 1:25:59 PM (UTC-05:00) Eastern Time (US & Canada)


To: [Redacted]


Cc: [Redacted]


Subject: RE: Question re Signatory on HSR Filing

Yes, but the affidavit should still state that the UPE has the good faith intent to consummate the transaction.

From: [Redacted]


Sent: Wednesday, April 17, 2019 1:16 PM\


To: [Redacted]


Subject: Question re Signatory on HSR Filing

Hello:

Can an officer or director of the acquiring entity (not the UPE) sign the certification and affidavit if the UPE authorizes that person to sign? I’m having trouble reading the handwriting on the below interpretation (“or a Sub” vs “on a Sub”):

https://www.ftc.gov/sites/default/files/documents/informal_interpretations/0408010-informal-interpretation/0408010.pdf

 

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.

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