965.24.2. A corporation that is authorized, in a year, to issue shares of its capital stock 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), with the stipulation that they can be included in a stock savings plan, and, on the date determined under the second paragraph in respect of the year, is authorized under the exemption to issue such shares in the following year, shall file with the Autorité des marchés financiers and the Minister, not later than 15 December in the year, a written notice certifying that, on 30 June in the year, as a result of a transaction other than a particular transaction referred to in section 965.11.19.1 in respect of which the corporation is not bound to meet the requirement mentioned in the second paragraph of any of sections 965.11.11, 965.11.13 and 965.11.17, it is a corporation that(a) would not be a qualified corporation by reason of the first paragraph of any of sections 965.11.11, 965.11.13 and 965.11.17 if that first paragraph applied on that date; or
(b) would be a qualified corporation by reason of the first paragraph of any of sections 965.11.11, 965.11.13 and 965.11.17 if that first paragraph applied on that date and if, where such is the case, a particular transaction referred to in section 965.11.19.1 were not taken into account in respect of which the corporation is not bound to meet the requirement mentioned in the second paragraph of any of sections 965.11.11, 965.11.13 and 965.11.17.
The date referred to in the first paragraph is, in respect of a year, the earlier of the date in the year on which the written notice referred to in the said paragraph is filed by the corporation and 15 December in the year.
1990, c. 7, s. 128; 1992, c. 1, s. 136; 1993, c. 64, s. 114; 1997, c. 3, s. 71; 2002, c. 45, s. 521; 2003, c. 9, s. 157; 2004, c. 37, s. 90.