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syntheticcdo | 2 years ago

No, at 3:50 in TFA the bill defines holding as: i. an equity interest, ii. a stock, iii. a security, iv. a share, v. a partnership interest, vi. an interest in an LLC, vii. a membership interest, or vii. ANY participation, right, or other equivilent, however designated and of ANY character (emphasis mine).

That's a lot more broad than "Chinese controlling interest".

Edit: and "controlling interest" as defined in the bill means "a holding with the power, whether direct or indirect and whether exercised or not exercised, to determine, direct, or decide important matters affecting an entity." which is much more broad than the commonly understood 51% equity stake.

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yed|2 years ago

“determine, direct, or decide important matters” is what makes this specific. This is no different than the traditional definition of “controlling interest”. The meaning of “controlling” in this context has a long legal precedent that is not overridden by this bill.

Edit: as a concrete example, I do not have a majority share in the company I work for but legally I have a “controlling interest” because I am an executive as well as owning shares. I know this because that is how I am required to fill out financial declarations.

naravara|2 years ago

> The meaning of “controlling” in this context has a long legal precedent that is not overridden by this bill.

Thank you. I am not a lawyer but watching all the internet panic over this bill has had me wanting to smash my head against a wall. I don't think people understand that our legal system is based on precedent* and not just whatever broad argument an internet person wants to make based on their own selective interpretation of the terms.

(*As long as we're not talking about voting rights or abortion.)

ladon86|2 years ago

Right, there’s no lower limit at all based on this language - it could be a single share.

I mean… as far as I can tell, the definition is so broad and vague that it would even cover a Chinese firm holding a US public stock.

yed|2 years ago

Holding a minority of common stock does not give you the power to “determine, direct, or decide important matters” so no, it would not cover that.

est|2 years ago

exactly. Or there's a person of slight Chinese origin in your management team.