Over-the-Counter Markets Issuers
Regulation 51-105 respecting Issuers Quoted in the U.S. Over-the-Counter Markets (the “Regulation”) came into force on July 31, 2012. Under the Regulation, an issuer is an OTC reporting issuer in Québec if it satisfies the following conditions:
- it has issued a class of securities that are quoted on any of the following U.S. over-the-counter markets:
- OTC Bulletin Board (« OTC BB »)
- OTC Markets
- OTC QX
- OTC QB
- OTC Pink
- it has not issued any class of securities that are listed or quoted on one or more of the following:
- The TSX Venture Exchange Inc.
- The TSX
- The Canadian National Stock Exchange
- The Alpha Exchange
- The New York Stock Exchange
- The NYSE MKT (formerly NYSE Amex)
- The NASDAQ Stock Market.
- it has a significant connection to Québec if one or more of the following apply:
- on or after July 31, 2012, its business has been directed or administered in or from Québec;
- on or after July 31, 2012, promotional activities have been carried on in or from Québec;
- the ticker-symbol date is on or after July 31, 2012, and, on or before the ticker-symbol date, the issuer distributed a security to a person resident in Québec and that security is of the class of securities that became the issuer’s OTC-quoted securities.
Due to the regulatory framework some OTC reporting issuers are subject to in a territory outside of Canada and the fact that some issuers are not aimed by the objectives of Regulation 51-105, the Autorité des marchés financiers rendered the decision n° 2012-PDG-0161 which we invite you to consult.
For more information on the OTC reporting issuers requirements, please consult the following documents: