We typically see both spouses listed as the UPE, but only one of them has to sign.
Question
From: Walsh, Kathryn E. <kwalsh@ftc.gov>
Sent: Tuesday, November 14, 2023 9:51:19 AM (UTC-05:00) Eastern Time (US & Canada)
To: [Redacted]
Cc: HSRHelp <HSRHelp@ftc.gov>
Subject: FW: Filing Person Question
We typically see both spouses listed as the UPE, but only one of them has to sign.
From: [Redacted]
Sent: Monday, November 13, 2023 5:05:51 PM (UTC-05:00) Eastern Time (US & Canada)
To: HSRHelp <HSRHelp@ftc.gov>
Cc: [Redacted]
Subject: Filing Person Question
Spouse 1 (S1) and Spouse 2 (S2) are married. S1 owns more than 50% of the voting securities in an entity; S2 does not own any. There are no minor children. Buyer will be acquiring all of those voting securities.
We know that S1 must file as a UPE, but does S2 also have to be included on the notification form as part of the UPE (where S2 does not own any of the acquired voting securities)?