How does the new legislation affect an acquisition by a newly formed entity or a natural person with no regularly prepared balance sheet?
The new legislation eliminates the size of person test for transactions exceeding $200 MM in value. Thus, a newly formed entity or a natural person with no regularly prepared balance sheet would have to file for a transaction exceeding $200 MM regardless of its own size; for transactions between $50 MM and $200 MM, such entities would determine their size in the same manner as currently, pursuant to ยง 801.11(e).
