Michael Burns 

Co-Chair, Investment Funds and Asset Management Group
Toronto  t: 416.865.7202  |  e: michael.burns@mcmillan.ca

Michael Burns

Toronto
Brookfield Place, Suite 4400
181 Bay Street
Toronto, Ontario M5J 2T3

t: 416.865.7202
e: michael.burns@mcmillan.ca

overview

Michael Burns is a partner in the Capital Markets and M&A Group in the Toronto office. He provides advice on all facets of securities law with a particular emphasis on alternative investment funds, mutual funds and structured products. Michael has extensive experience in the structuring, offering and sale of both domestic and foreign-domiciled investment funds.

Michael's securities law work includes a wide variety of transactions including mergers and acquisitions, divestitures, take-over bids (hostile and friendly), proxy contests, private placements, rights offerings, and initial public offerings, acting on behalf of both issuers and underwriters/agents.

Michael's corporate finance experience has included issuers in industries such as mining (both junior and senior issuers), technology, advertising/corporate communications, television/entertainment production, real estate investment trusts and transportation.

Michael provides on-going advice to public issuers concerning continuous disclosure obligations, shareholder communications, executive compensation, corporate governance, preparations for annual and special meetings as well as general corporate matters.

Representative Matters

  • Represents and advises investment fund managers and portfolio managers on the structuring and offering of alternative investment funds and other pooled investment products and investment advisory services in Canada.
  • Represents and advises Canadian investment fund managers on the structuring and offering of offshore hedge funds.
  • Structuring and offering of private equity funds.
  • Extensive experience in the registration and ongoing compliance obligations of investment fund managers, portfolio managers and dealers under applicable securities legislation.
  • Advises foreign-domiciled investment fund managers on the offering and registration requirements associated with the marketing and distribution of the securities of foreign domiciled investment funds in Canada.
  • Represents and advises issuers and dealers in connection with offering of securities in Canada via public offering (prospectus) and private placement.
  • Represents issuers and underwriters in connection with private placement bond offerings in connection with public-private partnership (P3) projects
  • Acts on behalf of both acquirors and targets on mergers, acquisitions and take-over bids (friendly and hostile).
  • Represents shareholders in connection with proxy contests.
  • Advises issuers with respect to continuous disclosure obligations and corporate governance matters in Canada.
  • Generally advises on corporate, commercial and securities law matters.

Publications

The Novel Exemptive Relief Chronicles
Cryptocurrency Securities Law Update – Platform Framework and Service Providers
No Longer "Beasts of Burden"
OSC Reduces Regulatory Load for Registrants on Two Fronts
OSC Waives Fees for Late OBA Disclosures as Part of Burden Reduction Project
A Million Reasons - NextBlock OSC Settlement Agreement Highlights Risks of Using Marketing Presentations to Solicit Investments
The Novel Exemptive Relief Chronicles
Public Mutual Funds Permitted to Invest Limited Amounts in Private Pooled Funds
Registered Dealers, Advisers and Entities Relying on Registration Exemptions Take Note - Canada adds New Individuals to its Sanctions List
Liquid Alternatives Now a Reality
Alternative Mutual Funds Regime Scheduled to Come Into Force January 3, 2019
Making "The Golden Years" Truly Golden - OSC Seniors Strategy Establishes Guideposts for Registrants to Tailor Services to Older Clientele
No Longer a "Land of Confusion" – OSC Rule 72-503 and Upcoming Amendments Regarding Distributions Outside Canadian Borders Help Lift the Fog
McMillan Client Alert - The CSA Release A New and Improved Suppression of Terrorism Report
McMillan Client Alert - For Registered Dealers, Advisors and Firms Relying on International Dealer or International Advisor Exemption
A New Tax on Investment Funds: Distributions to General Partners (GPs) of "Investment Limited Partnerships" Possibly Subject to GST/HST
Regulatory Reset for Reports of Canadian Private Placements
Last revised in June 2016, regulators are taking another kick at Form 45-106F1
Taking CASL by Storm: Compliance Tips for Investment Fund Managers
Regulators Rethink "Best Interest" Standard for Registrants

News

McMillan LLP Named Top Canadian Law Firm at Annual Canadian Hedge Fund Awards for Third Consecutive Year
McMillan Lawyers Contributors to The International Comparative Legal Guide (ICLG) to: Securitisation 2019
60 McMillan Lawyers Recognized in the 2019 Canadian Legal Lexpert Directory
McMillan LLP named Top Canadian Law Firm at the 11th Annual Canadian Hedge Fund Awards for second consecutive year
32 McMillan lawyers recognized in Who's Who Legal Canada 2018
McMillan lawyers well-represented in the 2018 Canadian Legal Lexpert Directory
McMillan Claims Top Canadian Law Firm Award at the 10th Annual Canadian Hedge Fund Gala

Education

  • Dalhousie University, LLB - 1990
  • Dalhousie University, B.Comm. (Cum Laude) - 1987

Year Of Call

  • Called to the Ontario bar - 1992

Practices

investment funds and asset management
private equity
capital markets
takeover bids
IPOs and alternative IPOs
acquisitions and divestitures
public-private partnerships
business law
mergers and acquisitions
proxy contests

Industries

private equity funds
investment dealers
investments
alternatives
infrastructure
mining
public-private partnerships

Directorships and Professional Associations

  • Canadian Bar Association
  • Alternative Investment Management Association, Canada-Chairman
  • Investment Fund Institute of Canada
  • Ontario Bar Association - Securities Law Subcommittee

Community Involvement

  • Minor hockey coach
  • Minor baseball coach

Awards & Rankings

  • Recognized in the 2019 Canadian Legal Lexpert Directory as a Repeatedly Recommended lawyer in the area of Investment Funds & Asset Management
  • Recognized in the 2018 Canadian Legal Lexpert Directory as a Repeatedly Recommended lawyer in the areas of Investment Funds & Asset Management
  • Recognized in the 2015-2018 Editions of Who’s Who Legal: Canada (Private Funds)
  • Ranked as “Leading Practitioner - Repeatedly Recommended” – Investment Funds and Asset Management – 2016 The Canadian Legal Lexpert Directory
  • 2016 Investment Funds Expert Listing (Canada) – Expert Guides –The World’s Leading Lawyers Chosen by Their Peers

Media Mentions

"OSC takes first steps to ease up on fund managers", Law Times, August 1, 2019 

vcard

Michael Burns is a partner in the Capital Markets and M&A Group in the Toronto office. He provides advice on all facets of securities law with a particular emphasis on alternative investment funds, mutual funds and structured products. Michael has extensive experience in the structuring, offering and sale of both domestic and foreign-domiciled investment funds.

Michael's securities law work includes a wide variety of transactions including mergers and acquisitions, divestitures, take-over bids (hostile and friendly), proxy contests, private placements, rights offerings, and initial public offerings, acting on behalf of both issuers and underwriters/agents.

Michael's corporate finance experience has included issuers in industries such as mining (both junior and senior issuers), technology, advertising/corporate communications, television/entertainment production, real estate investment trusts and transportation.

Michael provides on-going advice to public issuers concerning continuous disclosure obligations, shareholder communications, executive compensation, corporate governance, preparations for annual and special meetings as well as general corporate matters.

  • Represents and advises investment fund managers and portfolio managers on the structuring and offering of alternative investment funds and other pooled investment products and investment advisory services in Canada.
  • Represents and advises Canadian investment fund managers on the structuring and offering of offshore hedge funds.
  • Structuring and offering of private equity funds.
  • Extensive experience in the registration and ongoing compliance obligations of investment fund managers, portfolio managers and dealers under applicable securities legislation.
  • Advises foreign-domiciled investment fund managers on the offering and registration requirements associated with the marketing and distribution of the securities of foreign domiciled investment funds in Canada.
  • Represents and advises issuers and dealers in connection with offering of securities in Canada via public offering (prospectus) and private placement.
  • Represents issuers and underwriters in connection with private placement bond offerings in connection with public-private partnership (P3) projects
  • Acts on behalf of both acquirors and targets on mergers, acquisitions and take-over bids (friendly and hostile).
  • Represents shareholders in connection with proxy contests.
  • Advises issuers with respect to continuous disclosure obligations and corporate governance matters in Canada.
  • Generally advises on corporate, commercial and securities law matters.
September 2019
The Novel Exemptive Relief Chronicles

Securities and Capital Markets Bulletin

August 2019
Cryptocurrency Securities Law Update – Platform Framework and Service Providers

Securities and Capital Markets Bulletin

May 2019
OSC Waives Fees for Late OBA Disclosures as Part of Burden Reduction Project

Investment Funds and Asset Management Group Bulletin

May 2019
Public-Private Partnerships in Canada: Law Policy and Value for Money

Contributing Author, Book, published by LexisNexis

June 2017
Taking CASL by Storm: Compliance Tips for Investment Fund Managers

Privacy and Capital Markets (Investment Funds and Asset Management) Bulletin