News & Analysis as of

Threshold Requirements Investors

Gibney Anthony & Flaherty, LLP

USCIS Makes Updates to Guidance and Increases Investment and Revenue Thresholds for the International Entrepreneur Rule

U.S. Citizenship and Immigration Services (USCIS) provided updated guidance on the eligibility requirements for the International Entrepreneur Rule (IER). Starting on October 1, 2024. USCIS will increase investment and...more

Mintz - Immigration Viewpoints

USCIS Announces Adjustments to Thresholds in International Entrepreneur Parole Rule

US Citizenship and Immigration Services (USCIS) published a final rule adjusting the investment and revenue thresholds for International Entrepreneur Parole program (IEP) eligibility, effective October 1, 2024. The IEP...more

Goodwin

Indiana Enacts Broad Notification Requirements for Healthcare Transactions with a Clear Focus on Private Equity

Goodwin on

Earlier this year, Indiana joined a growing number of states by enacting a new notification requirement for certain healthcare transactions. Indiana Senate Bill Number 9 (SB 9), effective July 1, 2024, is likely to require...more

Goodwin

Forward to the Past: HNW and Sophisticated Exemptions for UK Investors

Goodwin on

On 6 March 2024, following the Chancellor’s budget statement, the Financial Services and Markets Act 2000 (Financial Promotion) (Amendment and Transitional Provision) Order 2024 (SI 2024/301) (the March Amendment) was...more

Stikeman Elliott LLP

Increased Investment Canada Act Review Thresholds Announced for 2024

Stikeman Elliott LLP on

The Canadian government has increased the monetary thresholds to determine whether a net benefit review of a foreign investment in Canada is required under the Investment Canada Act for 2024. All acquisitions of control of...more

Dechert LLP

U.S. Antitrust Agencies Launch Long-Awaited Guidelines to Bolster Merger Enforcement

Dechert LLP on

On July 19, 2023, the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) (collectively, the agencies) issued their long-awaited draft Merger Guidelines.  The draft Merger Guidelines, once finalized, will...more

Dechert LLP

SEC Adopts Money Market Fund Reforms; Form PF Amendments

Dechert LLP on

Today, the Securities and Exchange Commission, by a vote of 3 to 2, approved amendments to Rule 2a-7 and other rules that govern money market funds under the Investment Company Act of 1940 (Amendments). Among other things,...more

Skadden, Arps, Slate, Meagher & Flom LLP

France Extends Interim Rule on Foreign Direct Investments

On 23 December 2022, the French government issued decree number 2022-1622, which extended to 31 December 2023 the interim rule, in effect for two years now, that lowered the threshold that triggers foreign investment review...more

White & Case LLP

Foreign direct investment reviews 2021: European Union

White & Case LLP on

Member States are introducing or expanding investment screening regimes, and the European Commission is now playing an active role - While there is no standalone foreign direct investment (FDI) screening at the EU level, the...more

Lowenstein Sandler LLP

SEC Raises The Dollar Threshold For Qualified Clients

Lowenstein Sandler LLP on

What You Need To Know: Effective August 16, 2021, the Assets-Under-Management Test will increase to $1.1 million, and the Net Worth Test will increase to $2.2 million. On June 17, 2021, the U.S. Securities and...more

Pillsbury Winthrop Shaw Pittman LLP

New ESG Disclosure Guide for Leveraged Finance Transactions

The LMA and ELFA have jointly published guidance to provide clarity in the market regarding ESG disclosures. The publication of guidance reflects the growing interest in ESG factors and their importance in leveraged...more

Morrison & Foerster LLP

FTC Proposed HSR Amendment Could Make It Easier For Activist Investors And Hostile Bidders To Keep Positions Confidential From...

On September 21, 2020, the Federal Trade Commission (the “FTC”) announced proposed amendments that, if enacted, would make significant changes to the premerger notification rules under the Hart-Scott-Rodino Antitrust...more

Jones Day

France Lowers Threshold Triggering FDI Screening Mechanism for Listed Companies to 10%

Jones Day on

The lowered threshold for foreign direct investments into France will apply to non-EU and non-EEA investors or to any investor fiscally domiciled outside the European Union and European Economic Area. On July 23, 2020,...more

Hogan Lovells

Industrial policy strikes again: Germany announces further tightening of Foreign Investment Control rules

Hogan Lovells on

For M&A transactions in Germany and beyond, Foreign Investment Control screenings have become an indispensable standard element to assess when structuring deals and planning for regulatory review. Similarly to merger control,...more

Stinson LLP

EB-5 Immigrant Investment Program Regulatory and Judicial Update

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On November 21, 2019, the EB-5 "Immigrant Investor Program Modernization" became effective. This is the first significant EB-5 regulatory change instituted by U.S. Citizenship and Immigration Services (USCIS) since 1993....more

Kramer Levin Naftalis & Frankel LLP

Federal Reserve Proposes To Clarify Bank Control Rules

Investors that own large stakes in a bank can trigger the Federal Reserve’s oversight if they have “controlling influence” over the bank. ...more

Jones Day

Jones Day Talks: Navigating Foreign Direct Investment in Germany

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Germany has two different sets of rules for the review of foreign direct investments. The relevant ordinance, the Außenwirtschaftsverordnung, or AWV, provides for a sector-specific review process applying to the acquisition,...more

Mayer Brown Free Writings + Perspectives

Rule 701 Amendment and Concept Release

At yesterday’s open meeting, the Securities and Exchange Commission adopted an amendment to Rule 701. The Commission was mandated to adopt an amendment to Rule 701 by the Economic Growth, Regulatory Relief and Consumer...more

Farrell Fritz, P.C.

Sellout: Why Control is Key in the Sale of VC-Backed Companies

Farrell Fritz, P.C. on

Every founder of a growth startup dreams of a big, successful exit — a sale of the company for millions of dollars. But that dream could be shattered if the investors are able to cause the company to be sold prematurely with...more

Seyfarth Shaw LLP

Update On Annual Adjustment To HSR Reporting Threshold And Recent Enforcement Actions Against Investors

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The Federal Trade Commission (FTC) recently announced that the 2017 size-of-transaction threshold for reporting proposed mergers and acquisitions under Section 7A of the Clayton Act, as added by the Hart-Scott-Rodino...more

Goodwin

Third Penalty in Two Months Against a Minority Investor Again Signals Increased FTC Enforcement of the H-S-R Act

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For the third time in less than two months, the U.S. Federal Trade Commission (FTC) has announced an enforcement action against a minority investor who failed to comply with the Hart-Scott-Rodino (“H-S-R”) Act notification...more

Proskauer Rose LLP

BE-180: Another BEA Benchmark Survey for Financial Services Providers, Including Managers of Hedge, Private Equity and Other...

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The U.S. Commerce Department's Bureau of Economic Analysis (the "BEA") recently released the final version of the BE-180 report, a five-year benchmark survey that collects data on transactions between U.S. persons that are...more

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