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ARTICLE · 03 FEBRUARY 2022

Practical Considerations Of Simple Agreements For Future Equity Or "SAFEs" In Canada

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Simple Agreements for Future Equity or "SAFEs" are investment contracts that allow investors to convert their investments in a company into securities upon the occurrence of a triggering event.

CanadaCorporate/Commercial Law

Simple Agreements for Future Equity or "SAFEs" are investment contracts that allow investors to convert their investments in a company into securities upon the occurrence of a triggering event. SAFEs are typically used by early stage companies when the value of a company is not yet established and provide a company with a favourable and simplified alternative to convertible loans without employing more traditional and complicated characteristics such as interest rates or an established term. While common in the United States and well accepted by the investment community, particularly in the technology sector, SAFEs have not seen the same level of utilization and acceptance in Canada, although there has been a recent uptick in interest in SAFEs in Canada given the fact that there is a large amount of cheap capital waiting to be deployed and companies currently have the edge in bargaining power for investment dollars.

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The foregoing provides only an overview and does not constitute legal advice. Readers are cautioned against making any decisions based on this material alone. Rather, specific legal advice should be obtained.

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