31 CFR § 800.243 - Solely for the purpose of passive investment.

---
identifier: "/us/cfr/t31/s800.243"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "31 CFR § 800.243 - Solely for the purpose of passive investment."
title_number: 31
title_name: "Money and Finance: Treasury"
section_number: "800.243"
section_name: "Solely for the purpose of passive investment."
chapter_name: "OFFICE OF INVESTMENT SECURITY, DEPARTMENT OF THE TREASURY"
part_number: "800"
part_name: "REGULATIONS PERTAINING TO CERTAIN INVESTMENTS IN THE UNITED STATES BY FOREIGN PERSONS"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "50 U.S.C. 4565; E.O. 11858, as amended, 73 FR 4677."
regulatory_source: "85 FR 3124, Jan. 17, 2020, unless otherwise noted."
cfr_part: "800"
---


# 800.243 Solely for the purpose of passive investment.

(a) Ownership interests are held or acquired *solely for the purpose of passive investment* if the person holding or acquiring such interests does not plan or intend to exercise control and—

(1) Is not afforded any rights that if exercised would constitute control;

(2) Does not acquire any access, rights, or involvement specified § 800.211(b);

(3) Does not possess or develop any purpose other than passive investment; and

(4) Does not take any action inconsistent with holding or acquiring such interests solely for the purpose of passive investment. (See § 800.302(b).)

(b) Example: Corporation A, a foreign person, acquires a voting interest in Corporation B, a U.S. business. In addition to the voting interest, Corporation A negotiates the right to appoint a member of Corporation B's board of directors. The acquisition by Corporation A of a voting interest in Corporation B is not solely for the purpose of passive investment.