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ARTICLE · 06 MARCH 2023

In Sync – Ontario's Ownership Transparency Obligations Now In Force

Borden Ladner Gervais LLP
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In addition to all of the other records expected to be maintained by registrants, private companies incorporated in Ontario should take note that as of January 1, 2023...

CanadaCorporate/Commercial Law

In addition to all of the other records expected to be maintained by registrants, private companies incorporated in Ontario should take note that as of January 1, 2023, it is also now a requirement to keep a register of individuals with significant control or influence over the company.

The definition of significant control is complex, particularly with respect to indirect and joint ownership. One example includes a registered or beneficial owner of a significant number of shares, which includes shares that carry 25% or more of the voting rights or represent 25% or more of all the outstanding shares' fair market value, however other arrangements may also be captured. The register must still be maintained even if there are no individuals that cross the threshold for inclusion on the form.

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