Skip to main content
Date
Rule
801.40
Staff
Roberta Baruch
Response/Comments
If any of the individuals involve in this transaction meets the size-of-person test and size-of-transaction test then it is probably reportable. Since the ban has $55 million in assets, the$10 million dollar person is satisfied. Consequently, if any of the individuals are $100million person then they may have to report.Are the individuals forming a Corp? - No. Theproposed rule changes package of 7-29-81 would exempt these types of transactions.[Additional comments not readable.]

Question

(redacted)

March 23, 1983

Roberta Baruch, Esq.
Deputy Assistant Director
Fir Evaluation
Premerger Notification Office
Federal Trade Commission
7th & Pennsylvania Avenue, N.W.
Washington, D.C. 20580

     Re:Newly-Formed Partnerships

Dear Ms. Baruch:

This letter is to confirm our telephone conver-

sation of Monday, March 21, 1983, regarding the aplica-

tion to newly-formed partnership of the premerger noti-

fication requirement of Title II of the Hart-Scott-

Rodino Antitrust Improvements Act of 1976, Pub. L. 94-435,

90 Stat. 1390, 15 U.S.C. 18a.

Our understanding is that premerger notification

is not required of a partnership if the partnership is

newly formed and has either no assets or assets less than

$10 million other than assets to be used as consideration

in making an acquisition.

If our understanding is either incorrect or in-

complete, it would be appreciated if you would so advise

us. Thank you for your assistance.

With best regards.

(redacted)

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.

Return to top