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Freshii Inc. – s. 1(6) of the OBCA

2023-03-08 | Order | Real Estate and Business Brokers Act | Issuers | https://www.osc.ca/en/securities-law/orders-rulings-decisions/freshii-inc-s-16-obca

Business Corporations Act, R.S.O. 1990, c. B.16 as am., s. 1(6). IN THE MATTER OF THE BUSINESS CORPORATIONS ACT (ONTARIO), R.S.O. 1990, c. B.16, AS AMENDED (the OBCA) AND IN THE MATTER OF FRESHII INC. (the Applicant) ORDER (Subsection 1(6) of the OBCA)


The Ontario Securities Commission (OSC) has issued an order recognizing that Freshii Inc. (the Applicant) has ceased to offer its securities to the public. This decision is based on the provisions of subsection 1(6) of the Business Corporations Act (Ontario) (OBCA). The key points leading to this outcome include:

1. Freshii Inc. is classified as an offering corporation under the OBCA.
2. The company has expressed that it does not plan to seek public financing through securities offerings.
3. Freshii Inc. previously received an order on March 2, 2023, confirming that it is not a reporting issuer in Ontario or any other Canadian jurisdiction, in line with National Policy 11-206.
4. The facts presented in the earlier Reporting Issuer Order remain accurate.

The OSC concluded that granting the order would not be harmful to the public interest. Consequently, Freshii Inc. is officially deemed to have stopped offering its securities to the public as of March 8, 2023.