在当前的投融资环境下,国资背景的投资方常常承担着地方政府的返投任务,对被投企业的注册地点存在特定诉求,因此,若被投企业未注册在此类投资方期待的特定地区,则投资方可能会要求被投企业迁址以实现当地的招商引资。市场上已出现部分项目的投资方以此作为投资交割的前提条件。
优质企业无疑都是各地的“心头肉”,能为当地带来税收效益、工作岗位等。因此,企业的迁出之路可能面临迁出地政府“不放手”、迁出和迁入程序衔接不顺畅等一系列疑难问题,可能拉长迁址进度,甚至实质上无法最终完成迁址。
为协助企业顺利实现“迁址”目的,我们在相关交易中对企业迁址的命题进行重新思考和思路转换。事实上,除了直接变更注册地址,企业也可考虑通过股权重组进行股权结构的调整,以满足投资方对于变更融资主体及后续上市主体所在地的需求。但此等“重组式迁址”也并非一路坦途,如有不慎,同样可能面临法律和税务的障碍和风险,因此需要提前对这类重组交易进行审慎考量和规划。
一、直接迁址的障碍和难点
Following are this week’s summaries of the Court of Appeal for Ontario for the week of April 15, 2024.
Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of January 15, 2024.
Good afternoon. Following are this week’s summaries of the Court of Appeal for Ontario for the week of December 18, 2023.
Following are this week’s summaries of the Court of Appeal for Ontario for the week of September 4, 2023.
In AssessNet Inc. v. Ferro Estate, the Court set aside an order dismissing the action, finding that the summary judgment motion judge had erred in determining the issue of discoverability of a claim against a trustee in bankruptcy.
Torgersrud v Lightstone is a family law decision where the Court dismissed an appeal from an order setting aside a marriage contract entered into in Quebec in 1988.
Good afternoon. Following are this week’s summaries of the Court of Appeal for Ontario for the week of August 28, 2023.
I hope everyone is enjoying the last long weekend of the summer.
Chippewas of Nawash Unceded First Nation v. Canada (Attorney General) is a 125-page decision dealing with the claim of the Saugeen Ojibway Nation to submerged lands in Lake Huron and Georgian Bay. The claim was mostly unsuccessful.
Following are this week’s summaries of the Court of Appeal for Ontario for the week of July 17, 2023.
Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of May 22, 2023.
Following are our summaries of the civil decisions of the Ontario Court of Appeal for the week of April 24, 2023.
Following are this week’s summaries of the civil decisions of Court of Appeal for Ontario for the week of March 27 to 31, 2023. There were only two substantive decisions. One was a commercial leasing matter, and the other was a receivership matter.
Table of Contents
Civil Decisions
Jagtoo & Jagtoo, Professional Corporation v. Grandfield Homes Holdings Limited, 2023 ONCA 214