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Name of Investor: Normally, the investor is the person in fact who is actually making the transaction directly, as opposed to, for example, the parent company of the subsidiary making the transaction. It must, in all cases, be a legal person as defined under the Act.
If you incorporate a company to effect an acquisition, it is not necessary to file to establish the new business — it is the acquisition part which is notifiable, and the investor would be the newly-incorporated company. However, in these circumstances, you have the option of making its parent the Investor.
In addition, if you are establishing a new business, you have the option of making the new business the investor to establish itself or you can have its parent as the investor.
Controller of the investor is the controlling shareholder or group of shareholders of the investor. If the investor is publicly listed and widely held whereby no shareholder controls, it is controlled by its Board of Directors, if a company. A statement to that effect is required. The same would apply to the question of who controls the vendor.
"Persons employed" (and not "employees"): How many "persons" are utilized to carry on the activity of the Canadian business being acquired. This would include Directors, part-time, or contracted out persons (including companies). The question is not restricted to the legal definition of the word "employee" and the answer cannot be 0 unless the business is shut down or consists of proven unexploited natural resources.
What are the total assets shown on the balance sheet of the Canadian business at the end of the last completed fiscal year before its acquisition? If the financials are not yet prepared, an approximate amount which is computer generated is acceptable. If you require additional information because of your particular situation, you may contact us at Industry Canada, Investment Review Division,
by fax at 613-996-2515, or by email at: firstname.lastname@example.org
Indirect acquisition: You must answer the question ONLY if the transaction involves the acquisition of the SHARES of the parent outside of Canada. An asset transaction where the vendor is the Canadian business in Canada is considered a direct acquisition.
Indicate the reasons for your INABILITY to answer any of the questions. An attempt must have been made to obtain the information. We reserve the right to determine whether the investor was UNABLE to answer the questions.
An asset transaction where the vendor is the Canadian business in Canada is considered a direct acquisition.
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