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National Security and Investment Act - on-line checker

Mishcon de Reya in collaboration with Taylor Vinters

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The National Security and Investment Act 2021 (the NSI Act) introduces new powers for the UK Government to scrutinise and intervene in transactions in the UK on grounds of national security. The NSI Act provides the Government with "call-in" powers to reverse, block and impose remedies and sanctions in relation to transactions that it considers a potential threat to national security.

The risk: the NSI Act introduces a new mandatory notification and clearance regime in relation to transactions involving entities in specified high-risk sectors; a voluntary regime applies to other types of transactions. If not notified and cleared, transactions subject to the mandatory regime will be void. Sanctions for non-compliance with the regime include fines of up to 5% of worldwide turnover or £10million (whichever is greater) and imprisonment of up to five years. You can find more information here.

What steps you can take: the NSI Act regime is complex and legal advice should be taken as to whether it applies to any potential transaction. Our NSI Act checker, created in collaboration with Taylor Vinters, offers a series of simple questions to help you understand whether notification under the NSI Act is likely to be required or at least considered for your transaction. Once completed, the checker will send you a brief report summarising the results and offering you a complimentary follow up call with one of our legal team to discuss any next steps required.

To complete the NSI Act checker, please click below. Please note that the checker is not exhaustive and the results of the questionnaire do not constitute legal advice.

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