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Date
Rule
803.5
Staff
Sam Sheinberg
Response/Comments

Here are the answers to your questions:

Is it permissible for the Notification and Report Form and Affidavit to be signed by Docusign? Yes.

Our ultimate parent entity is a husband and a wife. Is it permissible to have only the husband execute the Form and state in an end note that the husband has the authority to execute the Form on behalf of his spouse (provided, of course, that the spouse actually provided him such authority in a power of attorney or other instrument)? Or do both spouses need to sign the Form and Affidavit. The husband may attest to both his and his wife’s intent to complete the transaction on the affidavit.

In the case where the ultimate parent entity is an individual that has minor children, do the names of the minor children need to be listed in the Notification and Report Form with the names of all persons comprising the ultimate parent entity? No.

For purposes of Item 6(a), in the case where (i) the Notification and Report Form is being filed by an acquiring person, (ii) the ultimate parent entity is an individual and (iii) the individual controls a trust that has assets greater than $10 million, which was created for the benefit of his children or other family members, should the trust be reported in Item 6(a), or should only entities that have sales be reported in Item 6(a)? If trust has assets of $10 million you need to list it in item 6(a).

About Informal Interpretations

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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