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The comments set out in this letter are, of a purely general nature and do not take into account considerations that might arise in the context of a specific transaction.  ...

The comments set out in this letter are of a general nature and do not take into account the numerous additional considerations that might arise in the context of specific factual situations.  ...

We understand that the English courts have held, on the facts of the particular cases under consideration by them, that trusts for the provision of public works and public amenities, for the improvement of the locality and for resettlement and rehabilitation of victims of disaster are charitable as being "trusts for other purposes beneficial to the community". ...

Newco would then redeem the Newco Preferred Shares in consideration for Opco purchasing for cancellation the Opco Shares (the "cross-cancellation"). ...

"Charitable Purpose" If 24(1) assists NCorp obtain financing and receives consideration for doing so it must consider: (i)     whether such activity precludes it from being "operated exclusively for charitable purposes" as is required for all charitable foundations by the definition of "charitable foundation" in subsection 149.1(1) of the Act. ...

In consideration of the above comments we advise striking paragraph 3 of The SOS.3 response.       ...

As a final comment, we are mentioning that in the above case, there may be other considerations (e.g., it appears that there is an employment contract in addition to the Agreement). ...

Other Issue 24(1) It may be reasonable to consider a portion of the lump sum payment to have been in respect of such services and not as consideration for the use of the software. ...

Les bulletins d'interprétation demande de fréquentes mises à jour pour prendre en considération les modifications à la Loi, à la jurisprudence et les changements quant à l'interprétation. ... CONCLUSION The Department's system of preparation of interpretation bulletins has been developed over a period of several years to ensure that all bulletins published will accurately reflect the proper technical interpretation of the law while taking into consideration the practical problems of tax administration and the realities of business practices. ...

The Units will be awarded for no consideration and will have no initial value (see formula below). ... (e) Subject to the provision that adequate working capital is maintained by the Company to operate in an effective manner, the decision of which is at the absolute discretion of management, the following redemptions for an amount equal to the Redeemable Unit's fair market value, as determined under 6(f) below, are permitted under the Plan: i) On the occurrence of a Triggering Event, the Participant or his or her legal representative shall be deemed to have terminated his or her participation in the Plan and the Redeemable Units held by the Participant shall be redeemed by the Company. ii) A Participant notifies the Company in writing within 180 days after the end of any fiscal year that he or she elects to have his or her Redeemable Units redeemed. iii) In the event that a Participant is terminated by the Company whether or not for cause, the Company may, at its discretion, within thirty days of the termination redeem the Redeemable Units for nil consideration. iv) At any time in any financial year, the Company may at its option, by written notice to the Participant redeem any Redeemable Units held by the Participant. ...