Mondaq All Regions: Corporate/Commercial Law
This is the second in a series of McMillan bulletins relating to the Canadian Securities Administrators project to modernize the regulation of publicly offered investment funds.
Selfless Generosity Still Exists
Senior executives of Canadian public companies often wonder to what extent information can be shared with major shareholders when the company is contemplating a potential transaction.
The Ontario Securities Commission has announced that it will be hosting a roundtable discussion on June 11 to obtain input from investors regarding investing in small and medium sized enterprises and start-ups.
Over the past few years, there has been a substantial increase in the amount of interaction between shareholders and boards of directors of North American companies.
In the first quarter of 2013, Liberal MP John McKay sponsored the first reading of Bill C-474 in Canada’s Parliament which, according to him, is meant to fight corruption, encourage transparency and promote increased accountability within mining corporations.
The Ontario Securities Commission and a veteran investment banker, Richard Moore, recently reached a settlement agreement regarding claims by the OSC of improper securities trading by Moore.
The Ontario Securities Commission recently closed the comment period on its Staff Consultation Paper 45-710: Considerations for New Capital Raising Prospectus Exemptions, which sought input from stakeholders on proposed amendments to the current legislation regarding prospectus exemptions.
Under the law of Quebec, article 2884 C.C.Q. prohibits the modification by contract of the prescriptive or limitations period provided by law.
Due to the remarkable rate of development in the Turkish markets over the past 30 years, investors that wish to share their risks, costs, responsibilities and liabilities prefer to form joint venture partnerships in relation to their investments in Turkey.
Capital Markets Board of Turkey announced new principles on IPOs, Rights Issues and Bonus Issues with a view to discipline the supply side of Turkish Capital Markets.
Confirmation of an extension to the deadline for classification of contractors and engineering consultancy offices in Abu Dhabi offices until late 2014.
Does this signal the beginning of the end of arbitration clauses in customer agreements?
Recently, in "In re Plains Exploration & Production Company Stockholder Litigation", the Delaware Court of Chancery denied the plaintiffs' request for a preliminary injunction.
The California Senate Judiciary Committee, reported Senate Bill No. 610 out of committee to the California Senate Floor.
An analysis of the terms of venture financings for 118 companies headquartered in Silicon Valley that reported raising money in the first quarter of 2013.
The Maryland legislature recently approved HB 1140, which will enact new provisions of the Corporations and Associations Article of the Annotated Code of Maryland to authorize the conversion of most types of Maryland business entities into other types of Maryland business entities or into business entities formed in other jurisdictions.
On May 10, 2013, the nonprofit tax bar was rocked by reports that Lois Lerner, director of the Internal Revenue Service’s Exempt Organizations Division apologized for the Service’s inappropriate flagging of conservative political groups for additional review during the 2012 election season.
The House of Representatives by a vote of 416-6 approved H.R. 701, a bipartisan bill that directs the SEC to finalize rules by Oct. 31 to implement Title IV of the JOBS Act.
On 22 April 2013, the Ministry of Trade and Industry issued Circular No. 08/2013/TT-BCT providing guidelines on the import, export, and distribution of goods by foreign-invested enterprises in Vietnam.
These PPSA model clauses by 5 law firms set out suggested clauses and definitions for certain core provisions of a GSA.
How safe is it to use email as a means of communication for formal notices under contracts?
In the negotiation of complex agreements, clauses providing for agreed damages on termination can be a sticking point.
A summary of recent cases & legislative changes in the areas of customs and trade.
Confidentiality of corporate documents and information is one of
the key attractions of incorporating a company in the BVI. A
company search of the BVI Registrar of Corporate Affairs will only
disclose certain information and documents.
A discussion on the importance of staying informed as to the duties and responsibilities of a director.
Canada’s two most significant franchise law decisions of 2012 demonstrate the fierce competitiveness of the quick-service restaurant industry in Canada.
A discussion on the duties and liabilities of directors and company officers.
An M&A Series by Cassels Brock, partner Andrew Reback looks at tax related issues that may arise whenever shares of companies are purchased or disposed of.
Appointment of a Director is not only a crucial administrative requirement, but is also a procedural requirement that has to be fulfilled by every company.
This note discusses the issues which have risen due to receipt of notice from the Collector of Stamps, Delhi, by companies registered in the National Capital Territory of Delhi, for demand of stamp duty on the share certificates issued by them as per the rates applicable in the National Capital Territory of Delhi.
Section 4 of the Companies Act, 1956 prescribes dual test and conceptually defines the Holding-Subsidiary company relationship.
Debenture includes debenture stock, bonds and any other securities of a company whether constituting a charge on the assets of a company or not as defined in section 2(12) of the Companies Act, 1956 ("the Act").
The Indian government has decided to replace almost six decades old company law governing the companies in India.
Under the 1973 Companies Act non-subscribers could either be elected to the board of directors or appointed by the board in order to fill a casual vacancy.
The UAE Central Bank issued new Regulations No.29/2011 Regarding Bank Loans & Services Offered to Individual Customers effective as of 1 May 2011 (the Regulations).
Business Owners often ask whether a contract that their company is entering into can in fact take effect from an earlier date compared to the date on which it is to be signed by the parties.
On May 3, 2013, the House passed into law the new Florida Revised Limited Liability Company Act in the form of Senate Bill 1300, and as amended, House Bill 1079.
An analysis of the terms of venture financings for 118 companies headquartered in Silicon Valley that reported raising money in the first quarter of 2013.
Since a ramp-up in enforcement actions over the past decade, the SEC has settled an average of 10 FCPA-related cases on an annual basis from 2007-2012
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How safe is it to use email as a means of communication for formal notices under contracts?
This case is the latest decision to expand the meaning of "consequential loss" beyond the narrow English definition.
A discussion on the duties and liabilities of directors and company officers.
On March 4, 2013, Nasdaq issued a proposed new rule that, if approved by the Securities and Exchange Commission, will require listed companies to establish and maintain an internal audit function.
This note discusses the issues which have risen due to receipt of notice from the Collector of Stamps, Delhi, by companies registered in the National Capital Territory of Delhi, for demand of stamp duty on the share certificates issued by them as per the rates applicable in the National Capital Territory of Delhi.
Business Owners often ask whether a contract that their company is entering into can in fact take effect from an earlier date compared to the date on which it is to be signed by the parties.
Exclusion clauses and limitations of liability are a common feature of commercial contracts, but how far do they go?
With security breaches being on the rise, the requirement to have organizations notify the relevant privacy commissioners and affected individuals upon a security breach taking place is becoming increasingly important.
A discussion on the doctrine of the corporate veil, analysed in the light of a recent court decision.
In the decision MDV Representations v. Corporation Xprima.com, the Superior Court highlights the importance of drafting termination clauses in a service contract using clear and simple language.
