31 C.F.R. § 800.201   Acquisition.


Title 31 - Money and Finance: Treasury


Title 31: Money and Finance: Treasury
PART 800—REGULATIONS PERTAINING TO MERGERS, ACQUISITIONS, AND TAKEOVERS BY FOREIGN PERSONS
Subpart B—Definitions

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§ 800.201   Acquisition.

The term acquisition is used in these regulations to refer collectively to an acquisition, merger, or takeover. It includes, without limitation:

(a) The acquisition of a person by:

(1) The purchase of its voting securities,

(2) The conversion of its convertible voting securities,

(3) The acquisition of its convertible voting securities if that involves the acquisition of control, or

(4) The acquisition and the voting of proxies, if that involves the acquisition of control.

(b) The acquisition of a business, including any acquisition of production or research and development facilities operated prior to the acquisition as part of a business, if there will likely be a substantial use of:

(1) The technology of that business, excluding technical information generally accompanying the sale of equipment, or

(2) Personnel previously employed by that business.

(c) A consolidation.

Example (relating to paragraph (b) of this section).  Corporation A, organized under the laws of a foreign state and wholly owned and controlled by a foreign national, acquires, from separate United States nationals, (a) products held in inventory, (b) land, and (c) machinery for export. Corporation A has not acquired a business and has not made an acquisition within the meaning of these regulations.

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