Your partner in Act Vifo and FDI screening.
What does FDI screening / Wet Vifo mean?
The Security Screening of Investments, Mergers and Acquisitions Act (Wet Vifo) introduces a mandatory screening framework in the Netherlands for investments and transactions that may pose risks to national security. The law is part of the broader European Foreign Direct Investment (FDI) screening framework.
The Vifo Act covers acquisitions of control or significant influence in companies active in vital processes, (highly) sensitive technologies or strategic infrastructure.Notifiable transactions must be submitted to the Investment Screening Agency (BTI).
The government can approve a transaction, attach conditions to the investment or prohibit it. The review can have significant implications for transaction timing, contractual arrangements and investment feasibility.
Companies and investors face complex review criteria, confidential procedures and limited legal certainty upfront. Timely legal review is essential to manage delays and risks.
What is our experience with FDI / Law Vifo?
Our specialists advise companies, investors and advisors in the application of the Vifo Act and other FDI screening regimes. We guide the entire process, from transaction structuring to government decision-making. Our expertise includes:
- Assessment of notification requirements - Analysis of whether a transaction falls under the Vifo Act
- Strategic transaction management - Advising on structure, timing and notification strategy
- Guidance on notifications - Support in preparing and submitting notifications to the BTI
- Review procedures - Legal guidance during screening and contact with regulators
- Conditions and mitigation - Advice on mitigation measures and conditions
- Disputes and legal protection - Assistance with objection and appeal procedures.
We combine competition and regulatory knowledge with experience in M&A processes.
When to engage a lawyer with knowledge of FDI / Vifo Act?
For investors and companies
- In transactions in vital or technologically sensitive sectors
- When there are doubts about disclosure requirements or scope
- In case of delays or additional questions from the BTI
For directors and deal teams
- When structuring transactions with national-security aspects
- For risk assessment and strategic decision-making
Legal guidance is essential to keep transaction risks manageable.
How do we proceed?
- Thorough analysis and preparation - We map out the transaction, parties involved and risks.
- Customized personalized advice - Development of a legal and strategic approach.
- Practical and targeted support - Guidance throughout the entire screening process.
- Quick and pragmatic approach - In case of questions or interventions, we act expeditiously.
- Transparent communication - Clarity about progress, risks and decision-making.
Why choose our FDI/Law Vifo specialists?
Our lawyers have in-depth knowledge of the Vifo Act and the European FDI frameworks and have extensive experience in complex and sensitive transactions. We work closely with our M&A practice and combine strategic insight with sound legal advice. Thanks to our integral services within Banning, we can effectively guide clients through the entire process.
We provide legal clarity in an increasingly rigorous investment climate.