This form is an outline of issues that the due diligence team should consider when determining the feasibility of the proposed transaction.
Illinois Outline of Considerations for Transactions Involving Foreign Investors
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Governing lawsBoth domestic (of the investing and recipient economies) and international laws govern FDI.
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.
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.
Types of Foreign InvestmentsForeign Direct Investment (FDI)Foreign Portfolio Investment (FPI)Foreign Institutional Investment (FII)
Methods of foreign direct investmentMergers and Acquisitions.Getting voting stocks in a business based in another country.Joint ventures with firms based overseas.
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.
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.
While there is no list of triggers that CFIUS considers before reviewing a proposed transaction, some situations make a review more likely such as acquisitions that would result in foreign control over U.S. TID businesses; lending arrangements that give the foreign party an interest in the profits of a U.S. business,
A large Australian mining company acquires a smaller Angolan one for diversification. All are examples of foreign direct investment where a business decision is made to somehow take a stake or interest in a company by an investor located outside its borders.
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.
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