Martijn van de Hel and Adriaan Craita advised a technology company on the application of the Investment, Mergers and Acquisitions Security Screening Act (“Vifo Act”) to potential future participations by (foreign) investors.
To confirm its understanding, Maverick Advocaten requested an informal opinion from the Bureau for Verification of Investments (Bureau Toetsing Investeringen, the “BTI”). The request was prepared in collaboration with consultants specializing in export compliance. The BTI subsequently confirmed that the Vifo Act indeed does not apply to the potential future participations and thus no prior approval is required.
For questions regarding the application of the Vifo Act, and the Dutch Foreign Direct Investment-regime please refer to our website at wetvifo.nl.
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