Skip to main content
Date
Rule
7A(c)(4)
Staff
Dick Smith
File Number
9012014
Response/Comments
1/3/91 advised (redacted) that since the RTC is fully overviewing and supervising the sale of the corporation’s voting stock, the transaction is viewed as exempt by the Premerger Office under 7A(c)(4).

Question

(redacted)

December 20, 1990


Premerger Notification Office
Bureau of Competition
Federal Trade Commission
600 Pennsylvania Avenue, NW, Room 303
Washing ton, D.C. 20580

Dear Mr. Smith:


The purpose of this letter is to confirm our conversation of yesterday regarding the exemption to the Hart-Scott-Rodino Act Section 7A(c)(4) of that Act.

I explained to you that this firm represents the Resolution Trust Corporation (RTC) in a proposed transaction in which the RTC is acting as receiver of (redacted) a failed thrift. In that capacity, the RTC is selling a mortgage loan servicing corporation which is a subsidiary of the failed thrift. The RTC has the authority to conduct the sale as part of its duty to maximize the value of the thrifts assets. The proceeds of the sale will be payable directly to the RTC as receiver.


On the basis of this information, you advised me that because the transaction involves a transfer from a federal agency it will be exempt from the application of the Hart-Scott-Rodino Act by virtue of the Section 7A(c)(4) exemption. If this does not accurately reflect your understanding of our conversation, please let me know.


Very truly yours




cc: (redacted)

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.

Learn more about Informal Interpretations.