Yaletown Partners

Jun 3, 2024 | mondaq.com | Yaletown Partners |Stephen Neil |Konata T. Lake |Andrew Gray

It is common for private equity sponsors to obtain board nomination rights that are commensurate with their level of investment in a given business. Board nomination rights provide the nominating shareholder with an ability to effectively monitor and, in some cases, control their investment by nominating directors whom they believe represent their interests.

Jun 3, 2024 | mondaq.com | Yaletown Partners |Jennifer Lennon |Ellie Y. Kang

Amidst high inflation, economic uncertainty, shareholder activism and a continued focus on the executive-to-employee pay disparity, executive compensation continues to attract heightened scrutiny. Boards of directors and senior management teams must carefully balance recruitment and retention considerations with institutional investor pressure, proxy advisory views and public perception to ensure their management teams are well-positioned to act in the long-term best interests of their companies.

May 21, 2024 | mondaq.com | Yaletown Partners |Manveer Sall

The initial reporting deadline under Canada's new modern slavery act, Fighting Against Forced Labour and Child Labour in Supply Chains Act (the "Act"), is fast approaching, with the initial annual report due on May 31, 2024. The Act was enacted to combat forced labour and child labour by requiring certain government institutions and private entities to disclose their efforts to address these issues within their operations and supply chains. The Act came into force on January 1, 2024.

May 19, 2024 | mondaq.com | Yaletown Partners

Is there such a thing as a "privately held" corporation anymore? Effective January 22, 2024, private corporations governed by the Canada Business Corporations Act ("CBCA") are required to publicly disclose their individuals with "significant control" ("ISCs"); however, the ISC identification rules remain murky in their application to shareholders that are trusts. Government guidance is urgently required to ensure corporations and shareholders can properly meet these new obligations.

May 14, 2024 | mondaq.com | Yaletown Partners |Geoff Hall |William Lee

Liability management transactions ("LMTs") are gaining traction in the world of debt financing. Where borrowers and debt issuers are experiencing financial difficulties to meet their obligations with respect to existing credit facilities, bonds and other debt obligations, they use LMTs to restructure their existing liabilities to obtain additional liquidity without unanimous consent of existing creditors.