Chapter 5: Fundamental Transactions and Takeover Regulations
Part A: Interpretation and application

R89: Fundamental transactions

  • (1) A notice of a shareholders meeting to consider a special resolution, contemplated in section 112 (3) or 113 (5), must be published to the shareholders of the company concerned, and delivered to them in accordance with regulation 7.
    • (2) A notice to creditors contemplated in section 116 (1)(a) must be published to the known creditors of the company concerned, and delivered to them in accordance with regulation 7.
      • (3) A Notice of Amalgamation or Merger contemplated in section 116 (3) must be in Form CoR89.
        • (4) If an amalgamation or merger, as defined in section 1, results from-
          • (a) the acquisition by one company of all or the greater part of the assets or undertaking of a second company, as contemplated in sections 112 and 117(1)(c)(i), any provision of this Chapter applicable to such an acquisition applies equally to that amalgamation or merger; or
            • (b) a scheme of arrangement, as contemplated in section 114 and 117 (1)(c)(iii), any provision of this Chapter applicable to such a scheme of arrangement applies equally to that amalgamation or merger.

            Related Regulations

            No related regulations.

            Related Sections

            No related sections.

            Related Notes

            No related note.

            Related Forms

            No related forms.