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Acquiring a Canadian Business

Acquiring a Canadian business

When acquiring a Canadian business, the approach strategy is driven in large part by whether the target is privately held or publicly traded.

Acquiring a Canadian business

Canada is also known for having a large proportion of controlled public companies and the existence of a principal or controlling shareholder can also have a significant impact on the approach and transaction approach and structure.

Where the transaction proceeds on a “friendly” basis, the buyer can also consider whether to proceed by purchasing shares or assets or, potentially, a hybrid of the two.

Depending on the identity of the buyer, size of the transaction, and the transaction’s impact on the market or the relevant industry sector approvals may be required under the Investment Canada Act Canada’s foreign investment review legislation, or the Competition Act and Canada’s anti-trust regime. Fasken has extensive experience assisting US companies acquire Canadian businesses and helping navigate through Canada’s regulatory framework.