Dan Minutillo explores regulations around foreign investment in the US
If you represent a company in the US that intends to accept an investment from any non-US person or entity – including, but not limited to, a non-US based venture capital firm or one that is comprised, partially or entirely of non-US investors, a non-US bank or government – you might need to determine if the investment meets certain criteria requiring a filing with the US Committee on Foreign Investment in the United States (CFIUS).
Note that any party to a “covered transaction” as defined infra may initiate a CFIUS review, either before or after the transaction is completed, by submission of a written notice to the CFIUS chairman to request such review, regardless of whether a filing is ma...
“CFIUS takes a broad definition of control, which includes the powers relating to the sale or transfer of principal assets of a US business…”
