2402008 Informal Interpretation

From: Musick, Vesselina <vmusick@ftc.gov>
Sent: Thursday, February 8, 2024 11:40:33 AM (UTC-05:00) Eastern Time (US & Canada)
To: [Redacted]
Cc: HSRHelp <HSRHelp@ftc.gov>
Subject: RE: Questions Re: Fee Information and Signatures

[Redacted]

1. The TIN/SSN line may be left blank if the company does not have a TIN. It is important, however, to clearly identify the entity paying the fee as the “originator” and the UPE / Person Filing Notification as the “beneficiary” in the respective fields.
2. The affidavit and form certification must be executed by a signature (wet-ink or electronic). A seal is not permissible for these. The 803.5(a) notice may be signed as is customary for official business correspondence.

Kind regards.

Vesselina Musick

From: [Redacted]
Sent: Wednesday, February 7, 2024 1:34:27 PM (UTC-05:00) Eastern Time (US & Canada)
To: HSRHelp <HSRHelp@ftc.gov>
Cc: [Redacted]
Subject: Questions Re: Fee Information and Signatures

Hi all,

We are representing a Delaware limited partnership (“Acquirer”) in a transaction whereby Acquirer is looking to acquire all of the shares of stock of Target, a Foreign corporation publicly traded on Foreign Stock Exchange.

Could you please advise as to our two questions below?

1. With regard to the Fee Information section in the HSR Form, the Payer will likely be a Foreign person that does not have a taxpayer identification number or social security number. How should a Foreign Payer complete this section?
2. With regard to signatures, is it permissible to affix a seal, as opposed to using a wet ink signature or e-signature? Acquirer would like to use a seal impression for the HSR Form and the § 803.5(a) Notice and Affidavit.

Thank you very much for your assistance.