This form is an outline of issues that the due diligence team should consider when determining the feasibility of the proposed transaction.
Kentucky Outline of Considerations for Transactions Involving Foreign Investors
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When raising money from foreign investors, the company can take advantage of a US federal securities law exemption called Regulation S that does require the foreign investors to be accredited investors . There are other requirements of Regulation S, some of which are somewhat complicated.
Three costs of FDI concern host countries. They arise from possible adverse effects on competition within the host nation, adverse effects on the balance of payments, and the perceived loss of national sovereignty and autonomy.
Restrictions on foreign ownership are the most obvious barriers to inward FDI. They typically take the form of limiting the share of companies' equity capital in a target sector that non-residents are allowed to hold, e.g. to less than 50 per cent, or even prohibit any foreign ownership.
Under the Foreign Investments Act of 1991 (FIA), a foreign investor is generally allowed to own 100% of any local business enterprise. However, the Philippine Constitution and certain statutes provide some limitations as to the extent to which foreigners can own and operate businesses in the Philippines.
In general, foreign ownership occurs when multinational corporations, which do business in more than one country, inject long-term investments in a foreign country, usually in the form of foreign direct investment or acquisition.
By acquiring a controlling interest in foreign assets, corporations can quickly acquire new products and technologies, as well as sell their existing products to new markets. And by encouraging foreign direct investment, governments can create jobs and improve economic growth.
It has been recognized that the benefits of FDI for the host country can be significant and such benefits include technology spillovers, human capital formation support, enhancement of competitive business environment, contribution to international trade integration and improved enterprise development (Kastrati, 2013).
Three components of FDI are usually identified: equity capital, reinvested earnings, and intracompany loans. Other than having an equity stake in an enterprise, foreign investors may acquire a substantial influence in many other ways.
MANILA -- Philippine President Rodrigo Duterte has signed a law allowing foreigners to fully own businesses in key sectors like telecommunications and airlines, the latest in the country's efforts to open up its economy.
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