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TELUS Empty Voting Decision
September 14, 2012

Court Invalidates Shareholder Meeting Requisition; Sends Strong Message on Empty Voting For the first time, a Canadian court has commented on 'empty voting' tactics, signalling that courts may be willing to deny empty voters the ability...

Expertise: Corporate Governance, Corporate/Commercial, Shareholder Activism, Capital Markets, Mergers & Acquisitions, Corporate
New IRS Compliance Procedure for Non-resident Non-filers
September 14, 2012

The IRS has announced new streamlined procedures for U.S. citizens who are resident in Canada or other countries and who have failed to file U.S. federal income tax returns or Reports of Foreign Bank Accounts (FBARs). The new procedures seek to ident...

Expertise: Taxation
Article : La convention entre actionnaires : quelques écueils à éviter pour une succession d’entreprise réussie
September 11, 2012

Disponible en français seulement La planification ordonnée d’une succession d’entreprise ne se limite pas à explorer ses aspects d’affaires ou fiscaux. Si des investisseurs externes détiennent une partie des actions dans votre société,...

Expertise: Corporate, Corporate Governance
New Disclosure Obligations In The United States For Oil, Natural Gas And Mining Companies
September 10, 2012

On August 22, 2012, the U.S. Securities and Exchange Commission ('SEC') adopted a final rule (the 'Final Rule') requiring oil, natural gas and mining companies that file reports with the SEC to disclose annually information on payments made to any fo...

Expertise: Capital Markets, Mining
JOBS Act- Proposed Rules Permitting General Solicitation And General Advertising In Private Offerings
September 6, 2012

Last week, the U.S. Securities and Exchange Commission (the 'SEC”) proposed amendments to Rule 506 of Regulation D and Rule 144A under the Securities Act of 1933 (the “Securities Act”) to implement Section 201(a) of the Jumpstart Our Business Startup...

Expertise: Capital Markets
Article: Canadian Proposals Threaten Foreign Controlled Canadian Companies
August 31, 2012

The recent Canadian Budget included a proposal to legislate against ‘‘foreign affiliate dumping’’, purported to be a means by which foreign-controlled Canadian companies reduce tax liability by either taking on debt or using surplus cash to acquire s...

Expertise: Taxation
New Rule From the United States Securities and Exchange Commission Regarding ''Conflict Minerals''
August 30, 2012

On August 22, 2012, the U.S. Securities and Exchange Commission ('SEC') adopted a final rule requiring SEC reporting companies to disclose annually whether any 'conflict minerals' necessary to the functionality or production of their manufactured pro...

Expertise: Corporate, Corporate/Commercial, Capital Markets, Mergers & Acquisitions, Mining
Article: Science Fiction: Bagtech on CCPC Status and USAs
August 22, 2012

In Bioartificial Gel Technologies Inc. c. La Reine (2012 CCI 120) (Bagtech), the TCC found that a unanimous shareholders' agreement (USA) caused a corporation to qualify as a CCPC, and thus to be eligible for the refundable SR & ED tax credit, ev...

Expertise: Taxation
CSA Provides Guidance for Preliminary Economic Assessments of Mineral Projects
August 22, 2012

On August 16, 2012, the Canadian Securities Administrators released Staff Notice 43-307 (the 'Notice') to set out Staff's views on various issues relating to preliminary economic assessments ('PEAs'), as defined in National Instrument 43-101 Standard...

Expertise: Capital Markets, Mining
Article: The Investment Canada Act: Is it Impeding Chinese Investment in Canada?
August 15, 2012

When it comes to foreign direct investment, China and Canada have been described as a match “made in heaven.” Canada has vast, undeveloped natural resources combined with the political will, but not necessarily the domestic financial capacity, to...

Expertise: Competition & Foreign Investment Review

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