ARTICLE
21 November 2023

Delaware's Corporate Opportunity Waiver Comes To Canada: Takeaways For U.S. Private Equity And Cross-Border M&A

F
Fasken
Contributor
Fasken is a leading international law firm with more than 700 lawyers and 10 offices on four continents. Clients rely on us for practical, innovative and cost-effective legal services. We solve the most complex business and litigation challenges, providing exceptional value and putting clients at the centre of all we do. For additional information, please visit the Firm’s website at fasken.com.
It's not unusual for Canadian courts to look to Delaware caselaw for guidance, particularly in M&A disputes.
Worldwide Corporate/Commercial Law
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Has Canada just become an even friendlier destination for U.S. private equity, venture capital and other investors?

It's not unusual for Canadian courts to look to Delaware caselaw for guidance, particularly in M&A disputes.

It's much less common for Canadian legislators to take a page out of Delaware's statutory playbook.

But this recently occurred when Alberta adopted Delaware's corporate opportunity waiver into the province's Business Corporations Act.

Writing in The M&A Lawyer (PDF, 175 KB), we explore the practical implications of this noteworthy development for U.S. cross-border investment into Canada, including by private equity, venture capital and other investors.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

ARTICLE
21 November 2023

Delaware's Corporate Opportunity Waiver Comes To Canada: Takeaways For U.S. Private Equity And Cross-Border M&A

Worldwide Corporate/Commercial Law
Contributor
Fasken is a leading international law firm with more than 700 lawyers and 10 offices on four continents. Clients rely on us for practical, innovative and cost-effective legal services. We solve the most complex business and litigation challenges, providing exceptional value and putting clients at the centre of all we do. For additional information, please visit the Firm’s website at fasken.com.
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