If the Hillary Clinton email scandal wasn’t a clear enough lesson that one should not conduct “official” work using personal electronic communication tools (be it personal email, texts or other methods), a number of recent court decisions have required executives
Timely disclosure
Updates and Commentary on Current issues in M&A, Corporate Finance and Capital Markets
The blog published by Fasken Martineau DuMoulin LLP focuses on corporate and securities law topics relevant to public companies, particularly those listed on Canadian stock exchanges such as the TSX. It covers regulatory updates, proxy season developments, disclosure obligations, corporate governance issues including director elections and majority voting policies, prospectus exemptions like the Listed Issuer Financing Exemption (LIFE), and shareholder meeting procedures. The blog also addresses continuous disclosure requirements, proxy advisory firm guidelines, and amendments to the Canada Business Corporations Act affecting distributing corporations. It provides practical insights into compliance and governance challenges faced by issuers in the Canadian capital markets.
Latest from Timely disclosure - Page 10
Competition Act and Investment Canada Act Thresholds Announced for 2019
The Competition Bureau announced the 2019 transaction-size pre-merger notification threshold under the Competition Act increased to C$96 million from C$92 million, effective February 2, 2019. Innovation, Science and Economic Development Canada also announced new foreign investment review thresholds under the…
Power and Influence: New CBCA Registration Requirements for Private Companies
As of June 13, 2019, private corporations incorporated under the Canada Business Corporations Act (CBCA) must maintain a register regarding individuals who have “significant control” over the corporation through direct or indirect influence. This requirement was one of several new…
The U.S. Government Shutdown: Ripple Effects North of the Border
Streamlining Processes and Procedures: Objectives for the Burden Reduction Task Force
Recently, the Ontario Securities Commission, in coordination with the Ministry of Finance, created a Burden Reduction Task Force. The goal of this initiative is to enable Ontario’s businesses and markets to innovate, better compete with other jurisdictions and flourish…
The Big MAC: Affirmed
Days ago, the Supreme Court of the State of Delaware issued an order succinctly affirming the Delaware Court of Chancery’s judgment from October this year that found Fresenius Kabi AG had no obligation to close its proposed merger with…
Weeding-out a Lack of Disclosure
On October 10, 2018, the Canadian Securities Administrators (CSA) issued CSA Staff Notice 51-357 Staff Review of Reporting Issuers in the Cannabis Industry (Staff Notice) summarizing a review of the disclosure of 70 reporting issuers[1] in the cannabis industry…
A Strong Voice for Enhanced Corporate Governance: Commonsense Principles 2.0
Recently, a group of prominent executives released an open letter and document known as Commonsense Principles 2.0. Signatories include Mark Machin of the Canada Pension Plan Investment Board and Warren Buffett of Berkshire Hathaway. The purpose of the letter…
The Supreme Court of Canada Green Lights National Securities Regulatory Regime–Who Will Drive Ahead?
The Supreme Court of Canada (SCC) released its decision on November 9, 2018, holding that the proposed co-operative pan-Canadian securities regulator, known as the Cooperative Capital Markets Regulatory System (CCMR), is constitutional.
Background and Analysis
The CCMR first emerged in…
The New Liquid Alt Funds Regime – and some changes for conventional mutual funds and closed-end funds
On October 4, 2018, the Canadian securities administrators published the final version of the amendments that will create a new regime for liquid alternative mutual funds (alt funds).
The regime will come into effect on January 3, 2019 and could…