Do not need to translate documents reponsive to Items 3 or 4. If the agreement is in a foreign language, provide a thorough description of the transaction in Item 3(a). If the annual report is in a foreign language, provide the total assets and annual sales, or stipulate that size of person is met.
Question
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It is acceptable to provide these documents as they are. For Item 3(a) please provide a thorough description of the transaction. For Item 4(b), since the annual reports are in Chinese include an endnote that either stipulates that the filer satisfies the size of person test, or provide the actual numbers for the filer’s total assets and total annual next sales.
Regards
Evan
Evan Storm
Attorney
Premerger Notification Office
Federal Trade Commission
(202) 326-3193
HSR filing questions? Check the PNO Blog and HSR Tips.
From: [REDACTED]
Sent: Tuesday, March 22, 2016 10:44 AM
To: Storm, Evan
Subject: HSR Question
Evan:
I have a quick question. I am working on a foreign transaction that we will need to file an HSR Notification Report on. The Purchase Agreement and the Annual Reports are in Chinese. What is the protocol on this---do we have to obtain and provide English translations or can we just attach the Chinese versions.
Please let me know your thoughts.
Thanks,
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