16 CFR § 802.41 - Corporations or unincorporated entities at time of formation.

---
identifier: "/us/cfr/t16/s802.41"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "16 CFR § 802.41 - Corporations or unincorporated entities at time of formation."
title_number: 16
title_name: "Commercial Practices"
section_number: "802.41"
section_name: "Corporations or unincorporated entities at time of formation."
chapter_name: "FEDERAL TRADE COMMISSION"
subchapter_number: "H"
subchapter_name: "RULES, REGULATIONS, STATEMENTS AND INTERPRETATIONS UNDER THE HART-SCOTT-RODINO ANTITRUST IMPROVEMENTS ACT OF 1976"
part_number: "802"
part_name: "EXEMPTION RULES"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "15 U.S.C. 18a(d)."
regulatory_source: "43 FR 33544, July 31, 1978, unless otherwise noted."
cfr_part: "802"
---


# 802.41 Corporations or unincorporated entities at time of formation.

Whenever any person(s) contributing to the formation of an entity are subject to the requirements of the Act by reason of § 801.40 or § 801.50 of this chapter, the new entity need not file the notification required by the Act and § 803.1 of this chapter.

2. In addition to the facts in Example 1 of this section, A and B have agreed that upon creation N will purchase 100 percent of the voting securities of corporation C for in excess of $50 million (as adjusted). Because N's purchase of C is not a transaction in connection with N's formation, and because in any event C is not a contributor to the formation of N, “A,” “B” and “C” must file with respect to the proposed acquisition of C and must observe the waiting period.

[43 FR 33544, July 31, 1978, as amended at 52 FR 7082, Mar. 6, 1987; 70 FR 4995, Jan. 31, 2005; 70 FR 11514, Mar. 8, 2005; 83 FR 32771, July 16, 2018]