C1C2C3Part 27Mergers and divisions of public companies

Annotations:

Chapter 2Merger

Requirements applicable to merger

913Protection of holders of securities to which special rights attached (merger)

1

The scheme must provide that where any securities of a transferor company (other than shares) to which special rights are attached are held by a person otherwise than as a member or creditor of the company, that person is to receive rights in the transferee company of equivalent value.

2

Subsection (1) does not apply if—

a

the holder has agreed otherwise, or

b

the holder is, or under the scheme is to be, entitled to have the securities purchased by the transferee company on terms that the court considers reasonable.