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Version of document from 2006-03-22 to 2006-11-27:

Prospectus Exemptions (Cooperative Credit Associations) Regulations

SOR/94-74

COOPERATIVE CREDIT ASSOCIATIONS ACT

Registration 1994-01-13

Prospectus Exemptions (Cooperative Credit Associations) Regulations

P.C. 1994-53  1994-01-13

His Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to paragraphs 270(1)(e) and (f) of the Cooperative Credit Associations Act*, is pleased hereby to make the annexed Regulations respecting the exemption of certain classes of distributions of securities from the application of sections 268 to 277 of the Cooperative Credit Associations Act.

  • *S.C. 1991, c. 48

 [Repealed, SOR/2001-416, s. 2]

Interpretation

 In these Regulations, "Act" means the Cooperative Credit Associations Act. (Loi)

Exemptions from Prospectus Requirements

 Sections 268, 269 and 271 to 277 of the Act do not apply in respect of a distribution

  • (a) outside Canada or to persons residing outside Canada;

  • (b) that consists solely of trades made between an association, or a person or group of persons referred to in paragraph 268(3)(b) of the Act, and not more than 25 persons, where the trades result in not more than 25 persons being beneficial owners of the securities so traded;

  • (c) that consists of a trade or trades made in the course of

    • (i) a transaction under which an association acquires ownership of the assets of an entity that in turn ceases to exist, or

    • (ii) an amalgamation by an association with one or more other bodies corporate;

  • (d) that is in the form of

    • (i) a share issued as a share dividend,

    • (ii) shares issued to shareholders of an association pursuant to the exercise of a pre-emptive right referred to in section 76 of the Act,

    • (iii) shares issued to shareholders of an association pursuant to the exercise of a right to purchase additional shares of the association,

    • (iv) shares issued as a result of the exercise of options or rights granted to directors, officers or employees of an association, or

    • (v) any other securities transferred or issued through the exercise by a person of a right to purchase, convert or exchange shares;

  • (e) in respect of which no prospectus is required to be filed under the laws of, or under a policy or practice in effect in, the province in which the distribution is to be made; or

  • (f) that is made in accordance with a short form prospectus system under the laws of, or under a policy or practice in effect in, the province in which the distribution is to be made.

    • SOR/2001-416, s. 3

 When an association or other person applies to the Superintendent under section 271 of the Act for the exemption of a proposed distribution from the application of sections 268, 269 and 272 to 277 of the Act, the association or other person must send the Superintendent a copy of all information that is required to be provided to the authority charged with the administration of the laws, policy or practice regarding distributions in the jurisdiction in which the distribution is to be made.

  • SOR/97-502, s. 2
  • SOR/2001-416, s. 4

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