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ARTICLE · 20 FEBRUARY 2013

Implementing Notice-And-Access: What You Need To Know

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On February 11, 2013, new amendments to National Instrument 54-101 "Communications with Beneficial Owners of Securities of a Reporting Issuer" and to National Instrument 51-102 "Continuous Disclosure Obligations" came into force.

CanadaCorporate/Commercial Law
Jean Lapierre
Jean Lapierre
Frédéric Boucher
Frédéric Boucher
Lata Casciano
Lata Casciano
Robert Chapman
Robert Chapman
Brian Mainwaring
Brian Mainwaring
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On February 11, 2013, new amendments to National Instrument 54-101 Communications with Beneficial Owners of Securities of a Reporting Issuer and to National Instrument 51-102 Continuous Disclosure Obligations came into force, providing reporting issuers with a new notice-and-access mechanism to send proxy-related materials to registered holders and beneficial owners of securities (securityholders).

Under notice-and-access, a reporting issuer can now deliver proxy-related materials by:

  • posting the relevant information circular and the other proxy-related materials on a website other than Sedar (in addition to filing them on the Sedar website); and
  • sending a notice informing securityholders that the proxy-related materials have been posted on the internet, and explaining how to access them, accompanied by the relevant voting document (the notice package).

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