Investment Funds & Asset Management
INVESTMENT FUNDS & ASSET MANAGEMENT
Portfolio managers, investment fund managers and dealers operate in a fast-paced marketplace governed by a myriad of complex rules and regulations. This dynamic demands hands-on legal knowledge and practical advice to encourage success in a competitive environment. McMillan’s Investment Funds and Asset Management (IFAM) team is highly regarded for the depth of its expertise, at both transactional and regulatory levels, as well as in related practice areas including regulatory affairs, derivatives and tax.
We provide business-critical legal solutions and consultation services to Canadian and foreign financial institutions, fund managers, portfolio managers, dealers and service providers, helping them prepare, adapt and satisfy their regulatory obligations while taking a proactive approach to running their business.
As a leading investment funds and asset management law firm, McMillan has been called upon to represent some of the largest and most innovative players in market and to represent portfolio companies in a wide variety of industries.
McMillan helps clients by evaluating investment and acquisition proposals; advising target companies; structuring acquisitions and investments; negotiating and drafting acquisition and financing agreements; negotiating joint venture and co-investment arrangements; advising private equity funds and portfolio companies on day-to-day management issues, including restructurings, refinancing, employment matters and management incentives; and assisting with exit strategies, including sales, IPOs or recapitalizations.
INVESTMENT DEALERS INDUSTRY
Canadian Investment dealers are overseen by the Industry Regulatory Organization of Canada (IIROC) and the Canadian Securities Administrators. IIROC sets industry standards and has quasi-judicial powers, with the power to hold compliance hearings and suspend, fine or expel members for misconduct.
McMillan’s team of Industry lawyers are known and highly regarded for their expertise in the laws that govern the investment management industry, and for their understanding of the potential roadblocks that investment dealers may face.
McMillan helps investment dealers in the Canadian marketplace succeed by advising on structuring, tax, compliance, marketing, and ongoing operations in connection with public and private offerings of securities; advising on regulatory requirements that govern securities trading and advisory activities; responding to compliance inquiries and representing clients before regulators, if necessary; assisting with the establishment, merger, acquisition or restructuring of investment dealers or specific products and services; and advising on compliance with anti-money laundering and privacy laws.
INSIGHTS (86 Posts)
iAnthus Decision Changes the Landscape for Corporate Plans of Arrangement under the BCBCA by Permitting Third-Party Releases
CSA Propose Changes to Registration Information, Outside Activities and Reporting Requirements as part of Reduction of Regulatory Burden Initiative
Canadian Regulators Remove Key Barrier to Distribution of Alternative Mutual Funds – New Courses Will Permit Mutual Fund Dealers/Registered Firms to Trade in Securities of Alternative Mutual Funds
Launching into the Office for Economic Growth and Innovation – From LaunchPad to New Branch of the OSC
Beware of a Potential New Duty of Care for Investment Fund Managers – Six Takeaways from Wright v. Horizons
Challenges and Opportunities for Canadian Investors in Brazilian Insolvency Proceedings: Lessons from the IBA’s 2019 Global Restructuring Conference
A Million Reasons – NextBlock OSC Settlement Agreement Highlights Risks of Using Marketing Presentations to Solicit Investments
Budget 2019: CRA Refines Mutual Fund Allocation to Redeemers Methodology and Tightens Rules on TFSAs
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
CSA Releases Client-Focused Reforms to NI 31-103 in Response to Client-Registrant Relationship Concerns
Making “The Golden Years” Truly Golden – OSC Seniors Strategy Establishes Guideposts for Registrants to Tailor Services to Older Clientele
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
The tides are changing for cyber regulation, and you may need to take action in order to stay afloat
Time to Make it Clear, Part III: CSA Republishes Notice and Request for Comments on Proposed Rules for Mandatory Central Counterparty Clearing of OTC Derivatives
Mind Your Margin: OSFI Releases Draft Guideline on Margin Requirements for Non-Centrally Cleared Derivatives
Time to Make it Clear, Part II: The CSA Publishes Notice and Request for Comments on Proposed Rules for Mandatory Central Counterparty Clearing of OTC Derivatives
CSA Adopts Amendments to Accredited Investor and Minimum Amount Investment Prospectus Exemptions Managed Accounts are now Accredited Investors for Investment Funds in Ontario
TSX Proposes New Listing Requirements for Exchange Traded Products, Closed-End Funds and Structured Products
More Amendments, Less Harmony?: Canadian Regulators Propose Amendments to OTC Derivatives Trade Reporting Rules
Canadian Regulators Respond to Concerns of OTC Derivatives Market Participants: OSC Makes Amendments to Trade Reporting Rules
Time To Make It Clear: CSA Publishes Model Rule On Mandatory Central Counterparty Clearing Of OTC Derivatives
Updating to a newer model: CSA derivatives committee revisits model rules for OTC derivatives determination, trade repositories and reporting
Can I be excused? Canadian regulators publish consultation paper on end-user exemptions in the OTC derivatives market
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