Pre-merger notification interpretation guideline number 9 : shareholder agreements.: Iu54-35/9-2011E-PDF
"Arrangements between parties to a shareholder agreement regarding the number of votes to be cast for the election of directors will not alter the basis for determining whether a person controls a corporation for purposes of paragraph 2(4)(a) of the Act and, hence, whether two corporations are affiliated under subsection 2(2) of the Act. Accordingly, when interpreting "control" in paragraph 2(4)(a) in the context of a shareholder agreement, it is the number of voting shares owned by each shareholder which is relevant, not the number of votes for the election of directors which each shareholder will exercise pursuant to the shareholder agreement"--Policy, p. 3.
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| Department/Agency | Canada. Industry Canada. Canada. Competition Bureau. |
|---|---|
| Title | Pre-merger notification interpretation guideline number 9 : shareholder agreements. |
| Variant title | Shareholder agreements |
| Publication type | Monograph |
| Language | [English] |
| Other language editions | [French] |
| Format | Electronic |
| Electronic document | |
| Note(s) | "2011-06-20." Title from cover. Issued also in HTML format. The copy has been replaced on Aug. 1, 2018 as requested by the issuing department. "This publication replaces the following Competition Bureau publication: Enforcement Guidelines — Notifiable Transactions under Part IX of the Competition Act — Interpretation Guidelines, April 25, 2000." Issued also in French under title: Avis d'interprétation no 9 sur les préavis de fusion : conventions d'actionnaires. Includes bibliographical references. |
| Publishing information | Gatineau, QC : Competition Bureau, 2011. |
| Description | 4 p. |
| ISBN | 978-1-100-18854-6 |
| Catalogue number |
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| Departmental catalogue number | 60919 |
| Subject terms | Mergers Shares Legislation |