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Date

Tags:

Rule
801.11, Item 4
Staff
Timothy Carson
Response/Comments

Yes, you can stipulate to the size-of-person threshold.  Please be clear which threshold you satisfy.

Question

From: Carson, Timothy


Sent: Wednesday, February 13, 2019 10:01:59 AM (UTC-05:00) Eastern Time (US & Canada)


To: [Redacted]


Cc: [Redacted]


Subject: RE: Natural Person size of person test

Yes, you can stipulate to the size-of-person threshold. Please be clear which threshold you satisfy.

From: [Redacted]


Sent: Tuesday, February 12, 2019 5:22:43 PM (UTC-05:00) Eastern Time (US & Canada)


To: [Redacted]


Cc: [Redacted]


Subject: Natural Person size of person test

We have a natural person who is an acquiring party. The size-of-person question is a little unclear. For jurisdictional purposes, is it sufficient if we stipulate that his assets exceed the size-of-person test?

Thank you.

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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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