The National Security and Investment Act 2021

The National Security and Investment Act 2021

On 4 January 2022, the National Security and Investment Act 2021 (“NSIA”) came into force. The NSIA replaces the existing provisions of the Enterprise Act 2002, provisions that previously dealt with possible public interest issues arising from mergers. The rules of the NSIA apply to any qualifying acquisition (detailed below) of an entity (e.g., a company) or any qualifying acquisition of assets (e.g., intellectual property or land). The NSIA may also capture transactions beyond that of standard mergers and acquisitions such as minority investments, where qualifying interests or rights are acquired. 

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