No amendment is needed.
Question
From: Whitehead, Nora <nwhitehead@ftc.gov>
Sent: Thursday, September 15, 2022 9:17:47 AM (UTC-05:00) Eastern Time (US & Canada)
To: [Redacted]
Cc: HSRHelp <HSRHelp@ftc.gov>
Subject: RE: Amended HSR Filing
No amendment is needed.
From: [Redacted]
Sent: Wednesday, September 14, 2022 11:15:28 AM (UTC-05:00) Eastern Time (US & Canada)
To: HSRHelp <HSRHelp@ftc.gov>
Subject: Amended HSR Filing
Good Morning,
I have a question regarding amending an HSR Notification filing and its impact on the 30 day waiting period. The amendments to the form would solely concern items 6(a) and 6(b) of the Acquired Person’s form due to transfers of interests by owners of the Acquired Entity for estate planning purposes which would occur after the initial filing has been made (during the waiting period). The estate planning transfers would require additional parties, e.g. trusts controlled by existing owners, to be listed on Items 6(a) and 6(b) and the ownership percentages in Item 6(b) would be affected. The UPE, transaction size threshold, and all other items of the form would not be amended or affected by this.
My first question is, would these changes to Item 6a and 6b require an amended filing?
My second question is, if the answer is yes, and we were to make an amended filing updating these Items, would the 30 day waiting period start running new based on the date the amended filing was received by your office, or would the original filing date and 30 day waiting period remain in place?