The UK Government releases the National Security and Investment Act, introducing a new foreign direct investment regime with standalone powers for the review of FDI

On 4 January 2022 the UK National Security and Investment (NSI) Act enters into force, introducing a new foreign direct investment (FDI) regime with standalone powers for the review of FDI in the UK. The new regime replaces the existing public interest merger regime provisions of the Enterprise Act 2002 insofar as a transaction involves national security considerations. On 15 November 2021 the Government published further guidance for businesses on how to prepare for the new rules (General Guidance) and detailed guidance on the mandatory notification applying across 17 sensitive areas of the economy (Notifiable Acquisitions Guidance). The new regime represents an important new execution risk factor, with a similar risk profile to merger control rules. Broadly speaking, the new regime

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Authors

  • Herbert Smith Freehills (London)
  • Herbert Smith Freehills (London)
  • Herbert Smith Freehills (London)

Quotation

Veronica Roberts, Tim Briggs, Kristien Geeurickx, The UK Government releases the National Security and Investment Act, introducing a new foreign direct investment regime with standalone powers for the review of FDI, 15 November 2021, e-Competitions November 2021, Art. N° 103706

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