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In a tight market, flow-through share issuers require close scrutiny
If there was ever any doubt that the mining exploration sector is pinched for cash, consider recent reports that more than one-third of the companies listed on the resource-heavy TSX Venture Exchange have less than $200,000 of working capital — barely enough to maintain a public listing — and 70 per cent of them are trading at below 20 cents a share.
For what should be obvious reasons, lawyers acting for flow-through share issuers and intermediaries in this cash-dry environment need to be particularly diligent in ensuring resource-sector issuers fulfil their obligations and that investors get the tax benefits they bargained for.
In order to attract high-risk capital for mineral exploration, early stage resource exploration companies are able to issue flow-through shares entitling investors to a tax deduction equal to the subscription amount (plus additional tax credits specific to surface exploration and provincial incentives).
Under the flow-through regime, funds raised in Year 1 have to be spent by the end of Year 2.