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Client Alert May 26, 2021

When Investments Lead to Investigations: Navigating Korea’s Disclosure Rules for Foreign Investors

  • South Korea is an attractive destination for investors in private equity and venture capital, but the country’s changing disclosure rules could risk a drawn-out government investigation.
  • Recent changes, designed to relax disclosure for most investors, adds complexity that could be used by the government against international investors to protect domestic companies.
  • International parties investing in a Korean company can and should anticipate this risk in a way that maintains both independence and confidentiality.

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Client Alert July 6, 2018

5 Ways to Plan Ahead as the U.S. Moves to Curb Foreign Investment

  • In recent history, investments originating from China have accounted for nearly a quarter of CFIUS reviews, with investments from the UK, Japan, Hong Kong, Israel and South Korea also among the most reviewed. 
  • The U.S. has indicated it intends to more aggressively review and regulate foreign investment in industries that may implicate national security via the Committee on Foreign Investment in the United States (CFIUS), an interagency committee headed by the U.S. Department of Treasury.
  • While CFIUS is largely a voluntary regime, it is important for foreign investors to consider the potential implications of an investment in, or the purchase of, a U.S. company.

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