2103008 Informal Interpretation

Date:

Tags:

Rule:
801.1(c)
Staff:
Sam Sheinberg
Response/Comments:

The minor child’s assets would not be attributed to NP. You are correct about the 18-year old.

Question

The minor child’s assets would not be attributed to NP. You are correct about the 18-year old.

From: [Redacted]


Sent: Friday, March 26, 2021 8:51:15 AM (UTC-05:00) Eastern Time (US & Canada)


To: [Redacted]


Cc: [Redacted]


Subject: Question re Minor Child of Spouse

PNO,

Hope this note finds you well! Are hoping to get some quick feedback regarding the size of person threshold an assets attributable to a natural person (“NP”). NP does not have a regularly prepared balance sheet and so must prepare a pro forma.

NP is married and so we understand the assets of NP’s spouse are attributed to NP for preparing the pro forma. NP does not have any children of his own. However, NP’s spouse was previously married and has two children from that marriage: one who is eighteen and one who is sixteen. NP has not adopted the children and the children still spend time with their other biological parent, as well as NP’s spouse.

Can you confirm whether the sixteen year old child’s assets would be attributed to NP?

Since the eighteen year old is no longer minor, we believe that regardless of your answer to the previous question, that child’s assets should not be attributed to NP, but please confirm.

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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