Worldwide: Delaware's Corporate Opportunity Waiver Comes To Canada: Takeaways For U.S. Private Equity And Cross-Border M&A
Capital Markets and Mergers & Acquisitions Bulletin

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.

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