§ 800.104. Applicability rule.
420 words·~2 min read·
/us/cfr/t31/s§ 800.104·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Except as provided in paragraphs
(b)through
(f)of this section and otherwise in this part, the regulations in this part apply from February 13, 2020.
(b)Subject to paragraph
(c)of this section, for any transaction for which the following has occurred before February 13, 2020, the corresponding provisions of the regulations in this part that were in effect on February 12, 2020, will apply:
(1)The completion date;
(2)The parties to the transaction have executed a binding written agreement, or other binding document, establishing the material terms of the transaction;
(3)A party has made a public offer to shareholders to buy shares of a U.S. business; or
(4)A shareholder has solicited proxies in connection with an election of the board of directors of a U.S. business or an owner or holder of a contingent equity interest has requested the conversion of the contingent equity interest.
(c)For any transaction to which part 801 of this title was applicable from November 10, 2018, through February 12, 2020, the regulations in part 801 in effect during that time will continue to apply. Note 1 to § 800.104: See subpart I (Penalties and Damages) of this part for specific applicability rules pertaining to that subpart.
(d)Subject to paragraphs
(b)and
(c)of this section, for any transaction for which the following has occurred on or after February 13, 2020, and before October 15, 2020, the corresponding provisions of the regulations in this part that were in effect during that time will apply:
(1)The completion date;
(2)The parties to the transaction have executed a binding written agreement, or other binding document, establishing the material terms of the transaction;
(3)A party has made a public offer to shareholders to buy shares of a U.S. business; or
(4)A shareholder has solicited proxies in connection with an election of the board of directors of a U.S. business or an owner or holder of a contingent equity interest has requested the conversion of the contingent equity interest.
(e)Except as provided in paragraphs
(b)through
(d)of this section, the amendments to this part published in the Federal Register on September 15, 2020 apply from October 15, 2020.
(f)Notwithstanding paragraphs
(b)through
(d)of this section, the amendments to this part published in the Federal Register on November 26, 2024 apply from December 26, 2024. \[85 FR 3124, Jan. 17, 2020, as amended at 85 FR 57128, Sept. 15, 2020; 89 FR 93184, Nov. 26, 2024\]