- The TIN/SSN line may be left blank if the company does not have a TIN. It is important, however, to clearly identify the entity paying the fee as the “originator†and the UPE / Person Filing Notification as the “beneficiary†in the respective fields.
- The affidavit and form certification must be executed by a signature (wet-ink or electronic). A seal is not permissible for these. The 803.5(a) notice may be signed as is customary for official business correspondence.
Question
From: Musick, Vesselina <vmusick@ftc.gov>
Sent: Thursday, February 8, 2024 11:40:33 AM (UTC-05:00) Eastern Time (US & Canada)
To: [Redacted]
Cc: HSRHelp <HSRHelp@ftc.gov>
Subject: RE: Questions Re: Fee Information and Signatures
[Redacted]
- The TIN/SSN line may be left blank if the company does not have a TIN. It is important, however, to clearly identify the entity paying the fee as the “originator†and the UPE / Person Filing Notification as the “beneficiary†in the respective fields.
- The affidavit and form certification must be executed by a signature (wet-ink or electronic). A seal is not permissible for these. The 803.5(a) notice may be signed as is customary for official business correspondence.
Kind regards.
Vesselina Musick
From: [Redacted]
Sent: Wednesday, February 7, 2024 1:34:27 PM (UTC-05:00) Eastern Time (US & Canada)
To: HSRHelp <HSRHelp@ftc.gov>
Cc: [Redacted]
Subject: Questions Re: Fee Information and Signatures
Hi all,
We are representing a Delaware limited partnership (“Acquirerâ€) in a transaction whereby Acquirer is looking to acquire all of the shares of stock of Target, a Foreign corporation publicly traded on Foreign Stock Exchange.
Could you please advise as to our two questions below?
- With regard to the Fee Information section in the HSR Form, the Payer will likely be a Foreign person that does not have a taxpayer identification number or social security number. How should a Foreign Payer complete this section?
- With regard to signatures, is it permissible to affix a seal, as opposed to using a wet ink signature or e-signature? Acquirer would like to use a seal impression for the HSR Form and the § 803.5(a) Notice and Affidavit.
Thank you very much for your assistance.