Major Revisions to Hart-Scott-Rodino Form Set to Go Effective in Early August

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Major revisions to the Hart-Scott-Rodino Notification and Report Form were announced today -- July 7, 2011 -- by the Federal Trade Commission and the Department of Justice and will go into effect in early August, 30 days after their upcoming publication in the Federal Register.

Although the final changes to the HSR Form preserve revisions that will reduce some filing burdens (especially with respect to the submission of SEC filed documents and other financials and eliminating the need to report revenues by NAICS code in a base year), the two most controversial provisions of the proposed revisions -- Item 4(d) and the concept of "Associate" that imposes new disclosure obligations for funds -- have also been incorporated into the final rules, although with some narrowing of their scope.

This update addresses the now final version of the revisions to the HSR Form and the modified, and now final, language of Item 4(d) and "Associate".

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Francis Fryscak, Cooley LLP | Attorney Advertising

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