What are the most common reasons for notices being determined to be incomplete?

Notices are determined to be incomplete for multiple reasons, commonly including:

  • Unclear description of business lines – the notice must provide a clear and detailed account of each company’s products and services;
  • Unclear description of the transaction – the notice must clearly describe all entities involved in the transaction and the nature and structure of the transaction;
  • Absence of geographic location(s) of the U.S. business – the notice must clearly describe the U.S. business with addresses and/or geographic coordinates for all U.S. properties and facilities; and
  • Absence of a certification – all notices must be certified correctly (in accordance with the certification template at the Committee’s section of the Department of the Treasury website and 31 C.F.R. §§ 800.204 or 802.202) to be deemed complete.
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