The UK Government launched a Consultation on its new UK National Security and Investment Bill, and specifically the definition of the sectors where investments would trigger a mandatory notification. This Consultation closed on 6 January. Baker McKenzie welcomes the opportunity and responded to the Consultation. We have identified a number of key issues that merit consideration: A legal definition of “national security” to help businesses to understand whether a transaction raises genuine concerns.Significant tightening and…
Following on from our previous post on 22nd October 2020 (please see here), the UK Government have confirmed that a full consultation will be launched in early 2021 on potential precautionary powers to block company listings on UK stock exchanges on national security grounds in certain scenarios. The announcement has coincided with the recent introduction of the National Security and Investment (“NS&I”) Bill which significantly expands the UK Government’s powers to review the national security…
Mandatory, CFIUS-style screening system in place for transactions in 17 industry sectors On 11 November 2020, the UK Government introduced the long-anticipated National Security & Investment Bill before Parliament. The new law will significantly expand the Government’s existing powers to review the national security implications of transactions and has been timed to coincide with the end of the Brexit Transition Period. The reforms follow concerns globally about foreign control of national businesses active in sensitive…
With global foreign investment scrutiny on the rise, not least in the current COVID-19 environment, obtaining concise, accessible advice has never been more important. Enter Baker McKenzie’s bespoke Foreign Investment Review Evaluation (FIRE) tool. FIRE is a Baker McKenzie analysis platform that answers 51 detailed questions on foreign investment review regimes across 26 key jurisdictions. It is updated in real time and provides depth and legal certainty for companies. FIRE is an automated database. Users…
According to recent press reports, the UK Treasury intends to open a consultation on new powers that could see companies blocked from listing on UK stock exchanges in certain scenarios. The consultation is expected to cover a proposal that the UK government be able to block a listing if it thinks a foreign state is attempting either to undermine the stock exchange’s reputation or to steal state secrets. Commenting on these proposals, Nick O’Donnell, Corporate…
On 11 October 2020, the EU screening mechanism for foreign direct investments potentially affecting security and public order in an EU Member State or in the whole EU became fully operational. This follows the adoption of the EU Foreign Direct Investment Regulation in March 2019 (see our previous updates here and here), when the European Commission (“Commission”) and the Member States established a coordination framework, consisting of various separate national screening mechanisms. The EU screening…