Governance implications of CFIUS reform for US investment funds with foreign investors
Journal of Investment Compliance
ISSN: 1528-5812
Article publication date: 4 April 2019
Issue publication date: 16 April 2019
Abstract
Purpose
To explain how corporate governance is likely to be affected by drastic changes to national security reviews by the Committee on Foreign Investment in the United States (CFIUS), especially for US funds with foreign investors.
Design/methodology/approach
The article summarizes the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA) and then details the pilot program and how to qualify for exceptions.
Findings
While many questions and considerations remain, including how FIRRMA will play out across various industries, we concluded that there will be an increase in CFIUS filings.
Originality/value
Practical guidance from experienced national security and CFIUS lawyers.
Keywords
Citation
Leiter, M., Caccia, J., Cruz, H., Hoffman, M., Schnell, J., Schlager, I., Vieira, D., Gafni, J. and Gerkin, D. (2019), "Governance implications of CFIUS reform for US investment funds with foreign investors", Journal of Investment Compliance, Vol. 20 No. 1, pp. 36-39. https://doi.org/10.1108/JOIC-01-2019-0010
Publisher
:Emerald Publishing Limited
Copyright © 2019, Skadden, Arps, Slate, Meagher & Flom LLP.