Skip to main content
Date
Rule
801.1(f)
Staff
Michael Verne
Response/Comments
The determination of whether a foreign entity is treated as a partnership or corporation is unchanged.

Question

From: (redacted)
Sent: Thursday, April 21, 2005 1:19 PM
To: Verne, B. Michael
Subject: Company Formed in The Netherlands

Hi Mike,

I am preparing an HSR Notification for the acquisition of acompany formed in The Netherlands. I think I previously would have treated thisentity as a corporation because it has a board of directors in which at leastone member is an outside director. However, with the new rules, would I nowtreat this as the acquisition of non-corporate interests in an unincorporatedentity (and not the acquisition of assets or voting securities)?

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