M&A in Canada

M&A in Canada is Stikeman Elliott's guide to undertaking and structuring major corporate acquisitions and divestitures, including both negotiated and public-markets transactions. In addition to reviewing key principles of corporate and securities law, this publication explains M&A-related issues in the regulatory areas of taxation, competition/antitrust, foreign investment, employment law and pensions, among others. Other major themes of M&A in Canada are cross-border transactions and private equity involvement. Download: English (2.0 Mb) , French (1.5 Mb)

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M&A in Canada: Competition and Foreign Investment Law (1.2 Mb)

Planning a transaction requires informed analysis of possible competition and foreign investment issues. This Stikeman Elliott guide takes you through the basics of Canada's antitrust and foreign investment regimes, including merger reviews, national security reviews and sectoral foreign ownership restrictions.

M&A in Canada: Private Company Acquisition (1.3 Mb)

Acquisitions of private targets require careful negotiation and documentation of many key deal terms. This Stikeman Elliott guide explains the critical issues in a Canadian context -- from the initial "asset or share deal" decision to effective tax structuring and the latest regulatory developments in employment law, pensions, privacy, IP and other areas.

M&A in Canada: Public Company Acquisitions (1.3 Mb)

Public company acquisitions in Canada may be undertaken through a take-over bid process under securities law or, alternatively, by means of a plan of arrangement or statutory amalgamation under corporate law. This Stikeman Elliott guide will help you to understand the strategic and practical considerations that each of these processes involves.

M&A in Canada: Duties of the Target Board (1.2 Mb)

This Stikeman Elliott guide is an overview of the duties of directors in the context of a potential change of control transaction. It explains the board's obligations deriving from securities and corporate law as well as from the common law and Quebec's Civil Code. Key issues considered include oppression, defensive tactics, the business judgment rule and the role of independent committees.

M&A in Canada: Minority Shareholder Protections (1.1 Mb)

The protections provided to minority shareholders under Canadian securities law are the subject of this Stikeman Elliott guide. Our discussion focuses on the key regulation in this area, Multilateral Instrument 61-101, which addresses the possibility of transactions that are abusive or unfair to minorities by imposing safeguards that may (depending on the scenario) include disclosure requirements, mandatory independent valuations and minority approval rights.

M&A in Canada: Private Equity Investment (1.4 Mb)

Private Equity Investment in Canada reviews the legal issues that affect private equity investments in Canada. Topics include tax structuring, the securities regulatory framework, the antitrust/competition regime and Canada's foreign investment and national security review processes. This Stikeman Elliott guide focuses on cross-border investments and is designed specifically to answer the most common questions of U.S. and other foreign investors.