2401005 Informal Interpretation

Date

January 22, 2024

Rule

802.50, 802.51

Staff

Kristin Shaffer

Response/Comments

For purposes of 802.50 and 802.51, the accounts receivable should be attributed to the jurisdiction in which they were entered into.

Original Image - 2401005 Informal Interpretation (221.2 KB)

Question

From: Shaffer, Kristin <kshaffer@ftc.gov>
Sent: Monday, January 22, 2024 1:50:22 PM (UTC-05:00) Eastern Time (US & Canada)
To: [Redacted]
Cc: HSRHelp <HSRHelp@ftc.gov>
Subject: RE: Location of AR Inquiry

[Redacted]

For purposes of 802.50 and 802.51, the accounts receivable should be attributed to the jurisdiction in which they were entered into.

Best regards,

Kristin

From: [Redacted]
Sent: Friday, January 19, 2024 1:02:58 AM (UTC-05:00) Eastern Time (US & Canada)
To: HSRHelp <HSRHelp@ftc.gov>
Subject: Location of AR Inquiry

Dear PNO,

I have (hopefully) a quick question. We are assessing the HSR reportability of a transaction and a question has come up about the location of the target’s accounts receivable. Researching the informal interpretations, I found (https://www.ftc.gov/legal-library/browse/hsr-informal-interpretations/9504003), which states that the location of the accounts receivable is not the jurisdiction of the debtor, but the physical location of the AR (Census approach).

My question is what “ physical location of the AR (Census approach)” means. Is this the physical location of the AR holder, or something else?

Many thanks and please let me know if I can provide any additional detail in connection with this inquiry.

She inberg, Samuel I.
From: 	HSRHelp
Se nt: 	Mo nday, January 22, 2024 1:SO PM
To: 	Walsh, Kathryn E. ; Berg, Ka ren E. ; Musick, Vessel ina; Sheinberg, Samuel I. ; Six, Anne; Wh itehead, Nora;
Fetterman, Michell e; Burton, June; Larson, Peter
S ubj ect : 	FW: Locat i on of AR Inquiry
From: Shaffer, Kr istin <kshaffe r@ ftc.gov>
To:
Cc: 	e p < 	e p 	c.gov>
Subject: RE: Location of AR I nquiry
Sent : Monda , Ja n ua 	22, 2024 1:50:22 PM
For purpo ses of 802.50 and 802.51, the accounts receivable should be attributed to the jur i sd ict ion in w hich the y were
-entered into.
Best regards,
Kr istin
Kri st in Sh affer
Attorney
Pr emerger Notificat ion Office
Federal Trade Commission
202- 326-2388 I ksha ffe r @hc. gov
From:
Sent : 	n ay, 	anuary 	, 	aste rn nme ( US & Ca nada)
To: HSRHelp < HSRHelp@ftc.gov>
Subject: Location of AR I nquiry
Dea r PNO,
I ha ve (hopefully) a qu i ck question . We are assess ing the HSR reportabil it y of a t ransaction and a question has come up
about the location of the target's accounts receivable. Resea r ch ing the informal interpretations, I found
(https://www.ftc.gov/legal-library/browse/hsr-informal-interpretations/9504003), which states that the location of the
accounts receivable is not the jur isd iction of the debtor, but the phy sica l location of the AR (Census approach).
M y question is w hat " physi ca l location of the AR (Census approach )" means. Is th is the physical location of the AR
ho lder, or something else ?
Many thanks and please let me k no w if I can provide any additional detail in connection w ith thi s inquiry.
1

2401005 Informal Interpretation

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