professional-toolkit/skills/regulatory-checklist/SKILL.md
2026-06-05 13:36:05 +00:00

7.1 KiB

name description
regulatory-checklist Generate transaction-specific regulatory compliance checklists by jurisdiction. Use this skill when a user mentions regulatory requirements, cross-border transaction, regulatory compliance checklist, multi-jurisdiction, foreign investment review, merger clearance, data protection requirements, licensing requirements by country, regulatory approval, or compliance requirements for a deal. Also trigger when users are doing cross-border M&A, establishing operations in a new jurisdiction, or need to understand what regulatory approvals are needed for a specific transaction. This is transaction-specific — what do you need for THIS deal in THIS geography — not framework-specific.

Multi-Jurisdiction Regulatory Checklist

Generate transaction-specific regulatory compliance checklists based on deal type, sector, and jurisdiction. Unlike framework-specific compliance skills (which tell you how to implement ISO 27001 or GDPR in general), this skill answers: "What regulatory approvals and filings do I need for THIS specific transaction in THESE specific jurisdictions?"

When to Use

  • You are planning a cross-border acquisition or investment
  • You need to know what regulatory approvals are required before closing
  • You are establishing a subsidiary or branch in a new jurisdiction
  • You need a compliance roadmap for a transaction timeline
  • You are advising a client on regulatory risk for a proposed deal

Input Requirements

Ask the user for:

  1. Transaction type — acquisition (asset/share), merger, joint venture, greenfield establishment, licensing, lending, fund formation
  2. Sector — financial services, technology, healthcare, energy, defense, telecommunications, real estate, infrastructure, media
  3. Jurisdiction(s) — where the target operates, where the acquirer is based, where the transaction closes, where the funds flow
  4. Parties — nationality/jurisdiction of acquirer and target; state-owned enterprise involvement; fund vs. corporate buyer
  5. Transaction value — affects filing thresholds
  6. Target's characteristics — revenue, employees, assets, market share, data it processes, licenses it holds

Regulatory Categories

For each jurisdiction involved, check these categories:

1. Foreign Investment Review

Jurisdiction Regime Threshold Timeline
Canada Investment Canada Act >C$1.141B (WTO), lower for cultural/SOE 45 days initial + extensions
United States CFIUS (FIRRMA) No threshold (voluntary, but recommended) 45+45+15 days
United Kingdom National Security and Investment Act 2021 No threshold for 17 sensitive sectors 30 working days + extensions
EU member states National FDI screening (varies) Varies by member state Varies
Australia FATA / FIRB A$0 for sensitive; A$310M general 30 days + extensions
Singapore No general FDI screening Sector-specific (banking, media, telecom) N/A
UAE Varies by emirate and free zone Up to 49% foreign ownership limit (mainland), 100% in free zones Varies

2. Competition / Merger Control

Jurisdiction Authority Filing Threshold Timeline
EU European Commission Combined worldwide turnover >€5B + EU turnover >€250M each Phase I: 25 WD; Phase II: 90 WD
United States DOJ / FTC (HSR Act) Transaction value >$119.5M (2024) 30 days + second request
United Kingdom CMA >£70M UK turnover or >25% share of supply Phase 1: 40 WD
Singapore CCCS Voluntary (no mandatory filing) Phase 1: 30 WD
Canada Competition Bureau Size of parties + size of transaction thresholds 30 days (short form)

3. Sector-Specific Licensing

Identify sector-specific requirements:

  • Financial services: Banking license, insurance license, securities license, payment institution license, change of control approval
  • Telecommunications: Spectrum license, carrier license, foreign ownership limits
  • Healthcare: Operating permits, pharmaceutical licenses, medical device approvals
  • Energy: Generation license, distribution license, environmental permits
  • Defense / dual-use: Export control licenses, security clearances
  • Real estate: Foreign ownership restrictions, land acquisition approvals
  • Media: Broadcasting licenses, foreign ownership limits

4. Data Protection and Privacy

Jurisdiction Regime Key Requirements
EU/EEA GDPR DPIA for high-risk processing; DPO appointment; cross-border transfer mechanisms
United Kingdom UK GDPR + DPA 2018 Similar to EU; UK-specific adequacy decisions
Singapore PDPA Consent obligations; DPTM designation; notifiable data breaches
Canada PIPEDA / provincial Consent; accountability; cross-border transfer
UAE Federal Decree-Law No. 45/2021 Registration; DPO; cross-border transfer restrictions

5. Employment and Labour

  • Transfer of employees (TUPE / equivalent in jurisdiction)
  • Works council / union consultation requirements
  • Employment permit requirements for foreign employees
  • Redundancy / retrenchment rules if restructuring post-acquisition

6. Tax and Transfer Pricing

  • Withholding tax on purchase price payments
  • Stamp duty / transfer tax on share or asset transfers
  • Transfer pricing documentation requirements
  • Tax clearance certificates
  • Substance requirements in holding jurisdictions

7. Anti-Corruption and Sanctions

  • Parties screened against relevant sanctions lists
  • Anti-bribery due diligence on target's operations
  • Third-party intermediary risk assessment
  • Facilitation payment exposure

Output Format

# Regulatory Compliance Checklist

## Transaction Summary
- **Type:** [description]
- **Parties:** [acquirer] acquiring [target]
- **Jurisdictions:** [list]
- **Sector:** [sector]
- **Value:** [amount]

## Critical Path Items (Must Complete Before Closing)

| # | Requirement | Jurisdiction | Authority | Threshold Met? | Est. Timeline | Status |
|---|-----------|-------------|----------|---------------|--------------|--------|
| 1 | [requirement] | [country] | [authority] | Yes/No/TBD | [days/months] | NOT STARTED |

## Post-Closing Requirements

| # | Requirement | Jurisdiction | Deadline | Status |
|---|-----------|-------------|----------|--------|
| 1 | [requirement] | [country] | [deadline] | NOT STARTED |

## Timeline Estimate
[Visual timeline showing parallel and sequential regulatory workstreams,
identifying the critical path to closing]

## Risk Assessment
| Risk | Likelihood | Impact | Mitigation |
|------|-----------|--------|-----------|
| [risk] | [H/M/L] | [H/M/L] | [action] |

Important Notes

  • Regulatory thresholds and requirements change. Always verify current requirements with local counsel.
  • For adversarial verification of regulatory compliance claims in deal documents — cross-referencing representations against actual regulatory status — see DiligenceWorks.