Co-Written By James E A Turner & Lee J Hirsch
This article first appeared in the April 18, 2001 issue of the New York Law Journal
Merger and acquisition activity in Canada over the last year has been intense, driven by the same factors affecting the U.S. market but with the added incentive of a low Canadian dollar. Many of these transactions have been cross-border deals involving U.S. and Canadian companies. While there are any number of variations in cross-border deals, many of the transactions involved the acquisition by a U.S.acquiror of a Canadian target.
This article identifies the key Canadian legal principles which a U.S. acquiror should know if contemplating the acquisition of a Canadian target. It is not a compendium of all the issues which need to be addressed in structuring a transaction; many of those are the same whether the acquisition is of a Canadian or U.S. target.
