2009001 Informal Interpretation

Date:

Tags:

Rule:
801.40, 803.9
Staff:
Nora Whitehead
Response/Comments:

Correct.

Question

From: Whitehead, Nora


Sent: Thursday, September 3, 2020 12:29:50 PM (UTC-05:00) Eastern Time (US & Canada)


To: [Redacted]


Cc: [Redacted]


Subject: RE: Filing fee in 801.40 transactions

Correct.

From: [Redacted]


Sent: Thursday, August 27, 2020 11:39:34 AM (UTC-05:00) Eastern Time (US & Canada)


To: [Redacted]


Subject: Filing fee in 801.40 transactions

Hello,

In 801.40 transactions, where two separate acquiring persons will each have to file for acquisition of the newly formed entity’s voting securities, are two separate HSR filing fees required? I’d expect so since the rule carves out consolidations from the multiple fee requirement where there are multiple acquired persons, but does not carve out formations. Is that correct?

 

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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