965.9.7.0.1. Notwithstanding sections 965.9.1.0.0.1 to 965.9.1.1, a qualifying share does not include a share issued in a particular year, under an exemption from filing a prospectus granted under any of subparagraphs 2, 3 and 5 of the first paragraph of section 52 of the Securities Act (chapter V-1.1), by a corporation that has certified, in accordance with the first paragraph of section 965.24.2, that on 30 June in the year preceding that particular year, it would not have been a qualified corporation by reason of the first paragraph of any of sections 965.11.11, 965.11.13 and 965.11.17 had that first paragraph applied on that date. Notwithstanding the first paragraph, where, in a particular year mentioned in the first paragraph, the corporation makes a public share issue in respect of which it is stipulated that it can be the subject of a stock savings plan, or makes a convertible security issue which the holder may convert into a share in respect of which there is such a stipulation, the first paragraph does not apply to shares of the capital stock of the corporation which are issued under an exemption referred to in the first paragraph in the part of the particular year following the date of the receipt for the final prospectus or of the exemption from filing a prospectus relating to the public share issue or the convertible security issue.
1990, c. 7, s. 106; 1992, c. 1, s. 110; 1997, c. 3, s. 71; 2003, c. 9, s. 140.