Any person who wishes to acquire a qualified ownership interest in an undertaking which
is subject to the act, see section 1-3, shall notify the ministry accordingly. In cases where
the undertaking does not fall within the area of responsibility of any ministry, such notice
shall be given to the National Security Authority.
A qualified ownership interest exists if the acquisition will, overall, give the acquirer,
either directly or indirectly,
a)
at least one-third of the share capital, participating interests or votes in the
undertaking
b)
the right to own at least one-third of the share capital or participating interests, or
c)
significant influence over the management of the company otherwise.
Shares which are owned or taken over by the shareholder's associates have the same
status as the shareholder's own shares; see section 2-5 of the Securities Trading Act. The
same applies to participating interests which are owned or taken over by associates of the
owner of the participating interests.
The King may issue regulations on the duty to notify.
Section 10-2.Processing of notice of acquisition of undertaking
The ministry or the National Security Authority which receives a notice pursuant to
section 10-1 shall make a decision on the notice as soon as possible.
Any person who receives a notice pursuant to section 10-1 may ask relevant bodies to
comment on the potential risks associated with the acquisition and the acquirer's
reliability in security terms.
Within 60 working days, the ministry or the National Security Authority shall notify the
party which has given notice that the acquisition has been approved or that the matter
will be considered by the King in Council pursuant to section 10-3. The period shall be
calculated as of the date on which the ministry or the National Security Authority received
such notice. If the ministry or the National Security Authority submits a written request
for further information within 50 working days, the period shall be suspended until the
acquirer's reply is received.
The King may issue regulations on processing of the notice by ministries and the National
Security Authority.
Section 10-3.Decision to prohibit acquisition of an undertaking
If an acquisition pursuant to section 10-1 may present a not insignificant risk of a threat to
national security interests, the King in Council may decide that the acquisition shall not
be implemented, or that implementation shall be subject to conditions. This applies even
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