Confirmed. Either check the box for assets in 2b or check the box for Other and specify “Pursuant to 16 CFR 801.2(f)(1)(i)” (or both).
Question
From: Whitehead, Nora <nwhitehead@ftc.gov>
Sent: Thursday, July 13, 2023 4:23:56 PM (UTC-05:00) Eastern Time (US & Canada)
To: [Redacted]
Cc: HSRHelp <HSRHelp@ftc.gov>
Subject: RE: Acquisition of Not-For-Profit, Non-Stock Corporation - Item 2 Reporting Question
Confirmed. Either check the box for assets in 2b or check the box for Other and specify “Pursuant to 16 CFR 801.2(f)(1)(i)” (or both).
From: [Redacted]
Sent: Thursday, July 13, 2023 2:51:22 PM (UTC-05:00) Eastern Time (US & Canada)
To: HSRHelp <HSRHelp@ftc.gov>
Subject: Acquisition of Not-For-Profit, Non-Stock Corporation - Item 2 Reporting Question
Hello PNO –
I have a rather urgent question regarding how to report the acquisition of a not-for-profit, non-stock corporation in Item 2. My client intends to file tomorrow or Monday for its acquisition of control of not-for-profit, non-stock corporation. Pursuant to 16 CFR 801.2(f)(1)(i), they are “deemed to hold all of the assets of the entity as a result of the acquisition.”
Can you please confirm that for Item 2 reporting purposes, I should report this as an acquisition of assets and not an acquisition of voting securities or non-corporate interests? I tried finding guidance in the informals, but was not able to find anything.
Apologies for the rush request and thank you in advance!