{"data":{"id":"us/16-cfr-802.41","jurisdiction":"us","citation":"16 CFR 802.41","heading":"Corporations or unincorporated entities at time of formation.","body":"Whenever any person(s) contributing to the formation of an entity are subject to the requirements of the Act by reason of § 801.40 or § 801.50 of this chapter, the new entity need not file the notification required by the Act and § 803.1 of this chapter.\nExamples:\n1. Corporations A and B, each having sales of in excess of $100 million (as adjusted), each propose to contribute in excess of $50 million (as adjusted) in assets in exchange for 50 percent of the voting securities of a new corporation, N. Under this section, the new corporation need not file notification, although both A and B must do so and observe the waiting period prior to receiving any voting securities of N.\n2. In addition to the facts in Example 1 of this section, A and B have agreed that upon creation N will purchase 100 percent of the voting securities of corporation C for in excess of $50 million (as adjusted). Because N's purchase of C is not a transaction in connection with N's formation, and because in any event C is not a contributor to the formation of N, “A,” “B” and “C” must file with respect to the proposed acquisition of C and must observe the waiting period.","path":["Title 16—Commercial Practices","CHAPTER I—FEDERAL TRADE COMMISSION","SUBCHAPTER H—RULES, REGULATIONS, STATEMENTS AND INTERPRETATIONS UNDER THE HART-SCOTT-RODINO ANTITRUST IMPROVEMENTS ACT OF 1976","PART 802—EXEMPTION RULES"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-16.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:24:29Z","sha256":"605db3d9ea2d655c0f5a3a456281b10ea802cb5f8d95d074f45eef9ee254907c","source_id":"us-cfr","stale":true,"prev":"us/16-cfr-802.40","next":"us/16-cfr-802.42"},"notice":"GroundRules: Original legal text. Not legal advice."}