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Regulatory Approvals

The financing is lined up and a closing date is on the calendar, but the transaction or project cannot go forward until one or more agencies sign off, and nobody can say exactly how long that will take.

Reviewed

01 GUIDE

Regulatory Approvals: what usually happens

Mapping what is required

The first task is identifying every approval that applies, because discovering one late in the process costs far more than finding it at the start. Deals can require antitrust clearance, a foreign investment review, or the consent of an industry regulator, such as a state insurance or banking department, before control of a company changes hands. Projects can need land use, environmental, and building approvals at the local, state, and federal levels, sometimes in a set order. Licenses held by a business may not transfer on a sale and may need new applications or advance notice. Each agency works on its own timetable, and some reviews pause or restart when the agency asks for more information.

Preparing an application that moves

Agencies tend to respond better to complete submissions than to fast ones. Assemble ownership charts, financial information, background details on owners and officers, and operating plans before filing, because gaps usually lead to follow-up questions that add delay. Pre-filing meetings with agency staff are available in many processes and can surface concerns early. Consistency matters as well: what you tell one agency may be read by another, and different descriptions of the same deal invite scrutiny. Track every commitment made in an application, since regulatory approvals often carry conditions that become ongoing obligations.

Building approvals into the plan

Transaction documents should address what happens if an approval is delayed, denied, or granted with conditions that change the economics, including outside dates and which party must accept remedies. Public hearing or comment requirements can bring organized opposition, which affects both timing and strategy. In a first review we list the approvals that apply, estimate their sequence, and identify the ones with real risk of conditions or delay. We also look at which steps can run in parallel and what can lawfully be done before clearance, since acting too early can itself be a violation under some regimes.

02 ATTORNEYS

Who you would be working with

Attorneys at our New York and Washington, D.C. offices handle matters like this one.

04 HOW WE WORK

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05 OFFICES

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Attorney Advertising. This page is general information about regulatory approvals and is not legal advice. Reading it does not create an attorney-client relationship. Outcomes depend on the facts of each matter, and prior results do not guarantee a similar outcome. Laws differ by state and change over time.