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Trust and Loan Companies Act

Version of section 11 from 2003-01-01 to 2006-11-27:


Marginal note:Distribution to the public

  •  (1) Subject to subsection (2), for the purposes of this Act, a security of a body corporate or an unincorporated entity

    • (a) is part of a distribution to the public where, in respect of the security, there has been a filing of a prospectus, statement of material facts, registration statement, securities exchange take-over bid circular or similar document under the laws of Canada, a province or a jurisdiction outside Canada; or

    • (b) is deemed to be part of a distribution to the public where the security has been issued and a filing referred to in paragraph (a) would be required if the security were being issued currently.

  • Marginal note:Exemption

    (2) On application therefor by a company, the Superintendent may determine that a security of the company is not or was not part of a distribution to the public if the Superintendent is satisfied that the determination would not prejudice any security holder of the company.

  • Marginal note:Securities deemed part of distribution

    (3) For the purposes of this Act, securities of a company

    • (a) issued on the conversion of other securities, or

    • (b) issued in exchange for other securities

    are deemed to be securities that are part of a distribution to the public if those other securities were part of a distribution to the public.

  • 1991, c. 45, s. 11
  • 1997, c. 15, s. 340

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