Rule(s):

 802.4

Staff:

Michael Verne

Response / Comments:

 10/20/2011 - Yes -you can use it on a minority acquisition of voting securities, but you can't value the non-exempt assets pro rata to the percentage you are acquiring. You still need to value 100% of the non-exempt assets.

 

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From:

(Redacted)

Sent:

Thursday, October 20, 2011 12:27 PM

To:

Verne, B. Michael

Subject:

quick question

Hi, Mike. Quick question. I don't think I've seen an informal interpretation that addresses this. Can you use 802.4 in the context of a minority acquisition? All of the examples and interpretations seem to contemplate obtaining control.