Going-Private Transaction (Trust and Loan Companies) Regulations (SOR/2006-309)

Interpretation

1 In these Regulations, Act means the Trust and Loan Companies Act.

“going-private Transaction”

• 2 (1) For the purpose of the definition going-private transaction in section 2 of the Act, going-private transaction means an amalgamation or other transaction involving a distributing company, other than an acquisition of shares under section 289 of the Act, that results in the interest of a holder of participating securities of the company being terminated without the consent of the holder and without the substitution of an interest of equivalent value in participating securities of the company or of another company that succeeds to the business of the company, which participating securities have rights and privileges that are equal to or greater than the affected participating securities.

• (2) For the purpose of subsection (1), participating securities” means securities of a company that give the holder of the securities a right to share in the earnings of the company and, after the liquidation, dissolution or winding up of the company, a right to share in its assets.

Coming into Force

3 These Regulations come into force on the day on which they are registered.