Who is considered to be a consultant for purposes of Listing Rule 5635(c)?
A “consultant” is anyone for whom the company is eligible to use a Form S-8. The instructions for the Form S-8 state that: “Form S-8 is available for the issuance of securities to consultants or advisors only if: (i) they are natural persons; (ii) they provide bona fide services to the registrant; and (iii) the services are not in connection with the offer or sale of securities in a capital-raising transaction, and do not directly or indirectly promote or maintain a market for the registrant’s securities.
Related Questions
- Is the interim report considered to have been made available for purposes of Listing Rule 5250(d) if it is posted on the issuers website?
- What is a change of control for purposes of the shareholder approval requirement of Listing Rule 5635(b)?
- Who is considered to be a consultant for purposes of Listing Rule 5635(c)?
