Re: Canadian Business Corporations Act (CBCA)
in response to
by
posted on
Oct 11, 2008 10:24AM
The company whose shareholders were better than its management
Tryjng to get a better picture in my mind of how things will (or should) go, I sneaked a look at the CBCA. Firstly, the Act requires that Kinross provide us with a notice by registered mail (the "Offeror's Notice". This is required to be sent on or before October 28th (180 days from date of Offer).
We then have 20 days to exercise one of two options: (a) transfer your shares to Aurelian in return for the offer consideration or (b) demand payment of the fair value of the Aurelian shares by so notifying Kinross. If you fail to notify Kinross within the applicable time period, you will be deemed to have accepted the terms of the Offer.
I believe the foregoing is accurate but I don't guarantee it, because I have been stung before by "legalese" For the same reason, I am dropping the subject here because it becomes too complex to summarize or paraphrase, and the timing and interpretation must be precise.
A couple of interesting features down the road are that (a) a Court hearing for forced acquisition is held in each applicable province and (b) the parties (in each province) are joined in the action and all must abide by the settlement ordered. I wonder if the various Courts co-ordinate their proceedings, either on or beneath the table?
Regards, Orange Flash