Posts Tagged ‘Ontario’
Forming a Private REIT in Ontario, Canada
Real Estate Investment Trusts, or REITs, have gained considerable popularity in Canada as a tax-efficient and accessible way to invest in real estate. This article will walk through the basics of setting up a private REIT in Ontario, Canada, covering essential legal, tax, and regulatory requirements.
Read MoreOntario Offering Memorandum Exemption
One key provision under Ontario securities law that allows certain businesses to raise capital without the burden of a prospectus is the Offering Memorandum Exemption. This exemption provides an alternative route for companies seeking to raise funds through the issuance of securities, without the need to file a formal prospectus.
Read MoreReal Estate Investment Funds with an LP Structure
Real estate investment funds have become increasingly popular for those seeking diversified real estate exposure without the complexities of direct ownership. In Ontario, one of the most common and effective structures for setting up a real estate investment fund is through a limited partnership (LP) with a general partner (GP).
Read MoreStartup Toolkit: Legal Essentials for Ontario Business
Launching a startup is an exciting journey, but navigating the legal landscape can be daunting for new entrepreneurs. This guide provides a roadmap for incorporating your business, protecting your intellectual property (IP), and accessing funding while ensuring compliance with Ontario laws.
Read MoreHow to Incorporate and Register a Charity Canada
Incorporating a not-for-profit organization and obtaining charitable status in Canada is a multi-step process that allows organizations to operate legally, access public funding, and gain tax benefits. Whether you are starting a community initiative, a social service organization, or a cultural project, understanding the legal requirements and the process for incorporation and obtaining charitable status is crucial.
Read MoreSoliciting vs. Non-Soliciting Not-for-Profit Corporations in Canada
This article examines the differences between soliciting and non-soliciting not-for-profit corporations under the Canada Not-for-Profit Corporations Act, and their practical implications.
Read MoreCharities Engaging in Political Activities in Canada
This article explores the rules surrounding political activities by charities, the historical context, and recent changes that have expanded the space for charities to engage in advocacy.
Read MoreCharities Making Grants to Non-Qualified Donees
This article explores the framework and challenges surrounding grants to non-qualified donees, recent changes in the law, and best practices for charities navigating this complex area.
Read MoreDirectors’ Duties and Liabilities in Ontario
Directors of corporations in Ontario play a critical role in guiding the strategy and operations of the company, ensuring compliance with laws and regulations, and protecting the interests of shareholders, employees, and other stakeholders. While directors enjoy broad powers to manage a company’s affairs, their role also comes with significant legal responsibilities and potential liabilities.
Read MoreThe Oppression Remedy
The Oppression Remedy under the Ontario Business Corporations Act (OBCA) provides a powerful legal tool for shareholders, directors, and other stakeholders in closely held corporations to protect their interests when they are unfairly treated or oppressed by the actions of those in control of the company. This legal remedy can help resolve disputes, prevent abusive practices, and ensure that corporate governance operates fairly and transparently.
Read MoreEmployer or Contractor in Canada
When hiring workers, businesses in Canada often face the question of whether to classify an individual as an employee or an independent contractor. The distinction between these two types of workers is important for both legal and financial reasons, as it affects issues such as tax obligations, employment benefits, and legal responsibilities.
Read MoreAmalgamations in Ontario
Amalgamation is a corporate restructuring process that allows two or more corporations to combine into a single legal entity. In Ontario, as in the rest of Canada, amalgamations can be governed either by federal or provincial laws, primarily the Business Corporations Act (Ontario) (OBCA) for Ontario corporations and the Canada Business Corporations Act (CBCA) for federal corporations.
Read MoreAsset vs. Share Purchase and Sale
When entering into a business transaction, one of the critical decisions that both buyers and sellers must make is whether to structure the deal as an asset purchase or a share purchase. In Canada, these two types of transactions have distinct legal, financial, and tax implications, which can significantly impact both parties involved.
Read MoreRaising Money Through a Private Placement
A shareholders’ agreement is a vital legal document that can help prevent disputes, clarify the rights and obligations of shareholders, and provide mechanisms for resolving conflicts. This post will discuss the importance of a shareholders’ agreement, the key provisions typically included, and how it helps protect the interests of all shareholders.
Read More“Finders” in Ontario Securities Law
In Ontario, as in much of Canada, securities laws are highly regulated, and the role of a finder can be complex. This post will cover what it means to be a finder, the rules governing finder activities, and how Ontario securities laws apply to different scenarios.
Read MoreHow to Set Up a Professional Corporation in Ontario
Setting up a professional corporation in Ontario is an excellent way for licensed professionals—such as lawyers, doctors, accountants, architects, and engineers—to manage their practice, gain tax advantages, and limit personal liability.
Read MoreFriends, Family & Close Business Associates Exemption
Ontario’s Friends, Family, and Close Business Associates (“FFBA”) exemption offers a flexible and practical path for certain issuers to raise capital from individuals within their trusted networks. This exemption allows companies to raise funds from personal connections without going through the costly and complex process of filing a prospectus, making it particularly valuable for startups and small businesses looking to leverage existing relationships for initial financing.
Read MoreOntario Accredited Investor Exemption
The Ontario Accredited Investor Exemption is one of the most important provisions under Ontario securities law, enabling certain individuals and entities with sufficient financial resources to participate in investments not typically available to the general public. This exemption allows qualified investors to purchase securities without the protection of a prospectus, which reduces regulatory barriers for companies raising capital but also increases risk for investors.
Read MoreHow to Set Up an Exempt Market Dealer in Ontario
An Exempt Market Dealer (EMD) is one type of securities dealer that operates in the exempt market, where certain securities may be sold without the requirement to file a prospectus. The exempt market is attractive to entrepreneurs and businesses as it enables them to access capital more flexibly than through traditional public offerings.
Read MoreForming a MIC in Canada
Mortgage Investment Corporations (MICs) have become a popular investment vehicle in Ontario and across Canada. They offer a unique way to invest in real estate-backed mortgages while providing investors with a regular income stream and tax advantages. Whether you’re an investor, a lawyer, or a financial professional, understanding the steps and regulations involved in forming a MIC is essential.
Read MoreUnderstanding Exempt Market Offerings in Ontario
Exempt market offerings are an essential part of the capital-raising landscape for companies in Ontario and across Canada.
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