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 2.4. Drafting Your Notice: Key Questions
No response in the CFIUS Notification is unimportant. An incomplete answer to any information request may result in a delay or denial from CFIUS. An intentionally misleading or false answer may result in civil or criminal penalties.23 However, certain elements can be key to a successful review and we have learned from our experience and discussions with CFIUS a few tips on approaching those questions.
2.4.1. The Foreign Acquirer: Five Key Questions
1. The Transaction Essentials
800.402(c)(1)(i): a summary setting forth the essentials of the transaction, including a statement of the purpose of the transaction, and its scope, both within and outside of the United States.
The first question of the Notification provides the submitting parties the chance to present themselves and their transaction. The section may seem mundane, but this is your opening to introduce the companies and get off on the right foot with reviewers.
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