Safe harbor or rocky shoals? Last fall’s new foreign investment review rules apply to a broad range of investments and investment funds. While lobbyists tried to negotiate a safe harbor, implementing regulations will have to do a lot of work to shield offshore funds and passive foreign investors.
Which Investment Funds?
The Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA), enacted in August 2018, drastically expanded the scope of “covered transactions” — those subject to review by the Committee on Foreign Investment in the United States (CFIUS or the Committee). A new category of covered transactions called “other investments” ...
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