(1) If the bidder or target obtains 2 or more reports each of which could be
used for the purposes of subparagraph 636(1)(h)(iii) or subsection 640(1), the
bidder's or target's statement must be accompanied by a copy of each report.
(2) The expert must be someone other than an associate of the bidder or
target.
(3) The report must set out details of:
- (a)
- any relationship between the
expert and:
- (i)
- the bidder or an associate of the bidder; or
- (ii)
- the target or an associate of the target;
including any circumstances in which the expert gives them advice, or acts on
their behalf, in the proper performance of the functions attaching to the
expert's professional capacity or business relationship with them; and
- (b)
- any financial or other interest of the expert that could reasonably be
regarded as being capable of affecting the expert's ability to give an
unbiased opinion in relation to the matter being reported on; and
- (c)
- any fee, payment or other benefit (whether direct or indirect) that the
expert has received or will or may receive in connection with making the
report.
- Note: If the statement includes, or is accompanied by, the report, it must
state that the expert has consented to this being done (see subsections 636(3)
and 638(5)).
Subdivision BSending documents to holders of securities