Category: Securities

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When negotiating the purchase and sale of a business, the parties to the transaction frequently look for ways to structure the deal to ensure that all parties’ interests are met.
The British Columbia government has recently announced a few measures that should be welcome news to local companies involved in grassroots mineral exploration in the Province.
Deciding to become a publicly traded company is an extremely important decision that must be carefully considered by management of a company.
When real estate developers consider disclosure requirements they commonly think of the obligations under the Real Estate Development Marketing Act.
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To facilitate small, local financings by Alberta-based start-up businesses, the Alberta Securities Commission (the “ASC”) has implemented ASC Rule 45-517 - Prospectus Exemption for Start-up Businesses.
A friend of mine recently came to me with a hot stock tip that he was sure was going to make us both a lot of money.
In the commercial context, “security” is an interest in property given by a debtor (borrower) to a creditor (lender) – in support of a promise to pay.

On March 20, 2014 the British Columbia Securities Commission (BCSC), along with the securities regulators in Québec, New Brunswick, Manitoba and Nova Scotia, published a Notice and Request for Comment for a proposed a new exemption from the prospectus requirements to enable private companies to raise smaller amounts of money from members of the public over the internet.

In British Columbia, the Securities Act and the rules adopted by the British Columbia Securities Commission (“BCSC”) impose a number of obligations on corporations.  One of the main objectives of the Securities Act and the BCSC is to protect investors when they invest in “securities”, such as shares of a corporation.  

In the article entitled “Does the Securities Act Apply to My Corporation?  The Answer Might Surprise You”, we noted that when a corporation issues shares it has to provide an investor with a “prospectus” unless the corporation can rely on an exemption from this requirement.

In Canada, securities regulation consists of three main components: prospectus requirements, registration requirements and (for reporting issuers such as publicly listed corporations) continuous disclosure requirements.  The prospectus requirements and registration requirements apply to all trades of securities, whether the trade involves securities of a public entity or a private entity. (For more information on prospectus requirements, see the articles entitled “Selling Shares to Investors:  Exemptions from the Prospectus Requirement).

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