re: 90%

Aiming to become the global leader in chip-scale photonic solutions by deploying Optical Interposer technology to enable the seamless integration of electronics and photonics for a broad range of vertical market applications

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robvanhooren

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re: 90%

in response to

Re: Squeeze-out

Andrea Koch

posted on May 13, 2014 07:49AM

Disclaimer: I am not a lawyer.

On its face, CBCA (RSC 1985 C-44) only applies to federally-incorporated businesses.

A provincially-incorporated business (Ontario for instance) bows instead to its governing provincial legislation, the [Ontario] Business Corporations Act (RSO 1990 B.16).

Per SEC 20F, we can see POET claims to be under Ontario's jurisdiction, so the analagous part to CBCA Part 17 s206 is OBCA Part 15, sections 188/189.

Upon cursory examination, it appears the same 90% threshold also exists in the provincial jurisdiction, which would conceivably hold governance over PTK.

I am not aware that PTK is (or is not) concomitantly registered in any other province(s) than Ontario, nor whether other legislation would substantially apply in the circumstance.