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California Outline of Considerations for Transactions Involving Foreign Investors

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This form is an outline of issues that the due diligence team should consider when determining the feasibility of the proposed transaction.

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FAQ

CFIUS is an interagency committee chaired by the Department of the Treasury and is responsible for reviewing foreign investments in, or acquisitions of, US businesses and real estate to determine if the transaction threatens to impair US national security.

CFIUS is an interagency committee authorized to review certain transactions involving foreign investment in the United States and certain real estate transactions by foreign persons, in order to determine the effect of such transactions on the national security of the United States.

CFIUS has its roots in the Defense Production Act of 1950 but became more active after President Gerald Ford signed Executive Order 11858 in 1975.

The International Monetary Fund (IMF) defines foreign direct investment (FDI) as a cross-border investment in which an investor that is resident in one economy has control or a significant degree of influence on the management of an enterprise that is resident in another economy. IMF, Balance of Payments and

Types of Foreign InvestmentsForeign Direct Investment (FDI)Foreign Portfolio Investment (FPI)Foreign Institutional Investment (FII)

Key Takeaways. Foreign investment refers to the investment in domestic companies and assets of another country by a foreign investor. Large multinational corporations will seek new opportunities for economic growth by opening branches and expanding their investments in other countries.

Types of FDIHorizontal FDI. The most common type of FDI is Horizontal FDI, which primarily revolves around investing funds in a foreign company belonging to the same industry as that owned or operated by the FDI investor.Vertical FDI.Vertical FDI.Conglomerate FDI.Conglomerate FDI.

CFIUS has authority to review covered (1) control transactions, (2) investments, and (3) real estate transactions. A covered control transaction is a transaction that could result in control over a US business by a foreign person. It is important to understand these terms to appreciate the broad reach of CFIUS.

CFIUS is an interagency committee authorized to review certain transactions involving foreign investment in the United States and certain real estate transactions by foreign persons, in order to determine the effect of such transactions on the national security of the United States.

CFIUS stands for the Committee on Foreign Investment in the United States. It is a US federal interagency group with authority to review foreign investments in US businesses and certain real estate transactions. CFIUS has broad authority to evaluate whether such investments could impair US national security.

More info

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California Outline of Considerations for Transactions Involving Foreign Investors