New guidance from CFIUS has clarified that the Committee may request follow-up information on all foreign investors that are parties to a particular transaction, whether they’re involved directly or indirectly. That includes limited partners in venture capital or private equity funds. Details are inside.
The latest FAQ from CFIUS provides some details on “springing rights,” such as information rights that might only become effective after CFIUS approves a transaction. According to the Committee, those provisions may no longer be okay for mandatory filings. Details and the actual guidance are inside.