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Date
Rule
802.50, 802.51
Staff
Kristin Shaffer
Response/Comments

For purposes of 802.50 and 802.51, the accounts receivable should be attributed to the jurisdiction in which they were entered into.

 

Question

From: Shaffer, Kristin <kshaffer@ftc.gov>
Sent: Monday, January 22, 2024 1:50:22 PM (UTC-05:00) Eastern Time (US & Canada)
To: [Redacted]
Cc: HSRHelp <HSRHelp@ftc.gov>
Subject: RE: Location of AR Inquiry

[Redacted]

For purposes of 802.50 and 802.51, the accounts receivable should be attributed to the jurisdiction in which they were entered into.

Best regards,

Kristin

From: [Redacted]
Sent: Friday, January 19, 2024 1:02:58 AM (UTC-05:00) Eastern Time (US & Canada)
To: HSRHelp <HSRHelp@ftc.gov>
Subject: Location of AR Inquiry

Dear PNO,

I have (hopefully) a quick question. We are assessing the HSR reportability of a transaction and a question has come up about the location of the target’s accounts receivable. Researching the informal interpretations, I found (https://www.ftc.gov/legal-library/browse/hsr-informal-interpretations/9504003), which states that the location of the accounts receivable is not the jurisdiction of the debtor, but the physical location of the AR (Census approach).

My question is what “ physical location of the AR (Census approach)” means. Is this the physical location of the AR holder, or something else?

Many thanks and please let me know if I can provide any additional detail in connection with this inquiry.

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.