Publishes new guidance on the application of its FDI screening regime
13 Dec 2023
On 13 December 2023, the Investment Assessment Bureau (BTI) of the Ministry of Economic Affairs and Climate published guidelines on the application of its FDI screening regime as laid down in the Vifo Act. The BTI's guidance papers provide insights into the interpretation and implementation of the Vifo Act, particularly in the areas of internal restructuring, acquisition of assets, and activities related to sensitive technology. Regarding internal restructuring, the BTI clarifies the circumstances under which a Vifo notification is triggered, such as the introduction of a new minority shareholder, acquiring control or ‘significant influence’ in the target company or changes in holding structures.
The second guidance paper outlines criteria for an acquisition of assets to qualify under the Vifo Act, emphasizing that the acquired assets must enable the acquirer to function as a vital provider. Lastly, the guidelines explain the criteria for a company to be considered active in sensitive technology under the Vifo Act. This includes conducting research or exploiting relevant technology in the Netherlands.
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Entry and establishment (Approval and admission)
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Entry and establishment (Approval and admission)
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