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Goodmans Publications

New Reporting Requirements for Foreign Investments in the U.S.

December-15-2014

Lawyer Michael Koch, Emily Weizel
Area Corporate Finance and Securities, Competition, Antitrust and Foreign Investment

Summary

Non-Americans who have recently acquired or established businesses in the U.S. or intend to, should be aware of reporting requirements that have recently been reintroduced.  The United States Bureau of Economic Analysis (BEA) has reinstated a program (which was discontinued in 2009) requiring a report to be filed when a foreign direct investor acquires or establishes a U.S. business, or expands an existing U.S. business, subject to certain qualifications. The BEA defines a foreign direct investment as the direct or indirect ownership or control of 10% or more of the voting interest in a U.S. business by a foreign investor. 

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