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CNH Capital Canada Wholesale Trust

2023-10-05 | Order | Securities Act | Issuers | https://www.osc.ca/en/securities-law/orders-rulings-decisions/cnh-capital-canada-wholesale-trust

Securities Act, R.S.O. 1990, c. S.5, as am., s. 1(10)(a)(ii).


The Securities Commission has granted CNH Capital Canada Wholesale Trust (the Filer) an order to cease being a reporting issuer in all Canadian jurisdictions where it held this status. This decision is based on the Filer meeting specific criteria outlined in the securities legislation. The key points leading to this outcome include:

1. The Filer is not classified as an OTC reporting issuer under Multilateral Instrument 51-105.
2. The Filer’s securities are held by fewer than 15 securityholders in each Canadian jurisdiction and less than 51 worldwide.
3. The Filer’s securities are not traded on any public marketplace or facility in Canada or elsewhere.
4. The Filer has requested to cease being a reporting issuer in all Canadian jurisdictions where it is recognized as such.
5. The Filer is not in violation of any securities legislation in any jurisdiction.

The Ontario Securities Commission, acting as the principal regulator, has determined that the Filer meets the legislative requirements to cease being a reporting issuer, as per the Securities Act, R.S.O. 1990, c. S.5, as amended, section 1(10)(a)(ii). The decision is supported by the National Policy 11-206 Process for Cease to be a Reporting Issuer Applications and relies on subsection 4C.5(1) of Multilateral Instrument 11-102 Passport System for other Canadian provinces. The order was issued after a thorough review of the facts presented by the Filer.