The Canadian Securities Administrators have approved amendments to National Instrument 45-106 - Prospectus Exemptions, to introduce the new “Listed Issuer Financing Exemption” for companies listed on a Canadian stock exchange.
The Canada Business Corporations Act (“CBCA”) was amended effective August 31, 2022 to require shareholders of a public company governed by such legislation to vote “for” or “against” directors at annual meetings of shareholders.
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.
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 [...]