7.1 KiB
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:
- Transaction type — acquisition (asset/share), merger, joint venture, greenfield establishment, licensing, lending, fund formation
- Sector — financial services, technology, healthcare, energy, defense, telecommunications, real estate, infrastructure, media
- Jurisdiction(s) — where the target operates, where the acquirer is based, where the transaction closes, where the funds flow
- Parties — nationality/jurisdiction of acquirer and target; state-owned enterprise involvement; fund vs. corporate buyer
- Transaction value — affects filing thresholds
- 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.