view of a contemporary glass skyscraper reflecting the blue sky
view of a contemporary glass skyscraper reflecting the blue sky
view of a contemporary glass skyscraper reflecting the blue sky

PRIVATE EQUITY — BUYOUTS & VENTURE CAPITAL INVESTMENT

Canada has long been an attractive market for private equity and venture capital investors. A relatively stable economy and an abundance of capital have attracted international companies and financiers to explore investment opportunities and launch businesses in the Canadian market. Tapping into McMillan’s knowledge and experience allows them to maximize opportunities and mitigate risks.

McMillan’s private equity and venture capital industry lawyers have been active in the Canadian markets for many years and bring an unmatched commitment to helping clients execute transactions efficiently. Our private equity group has extensive experience working with private equity funds and financial institutions in acquisitions and dispositions, acting regularly for sponsors in fund formation and working closely with US and international law firms in cross-border private equity transactions.

PRIVATE EQUITY STRUCTURING AND FORMATION

McMillan’s private equity and venture capital industry team has extensive experience serving as counsel to sponsors and managers in the formation and operation of private equity funds. Our lawyers maintain in-depth, current market knowledge of the deal terms and trends that drive the industry. We collaborate with McMillan colleagues in specialty areas such as Capital Markets, Government and Public Policy, and Financial Services to bring a fully informed point of view to every client matter.

McMillan professionals help clients lead by advising on Funds Formation strategies and structures; negotiating and drafting fund documentation including partnership and subscription agreements; providing tax planning counsel; advising on disclosure requirements; advising on applicable securities laws and regulations; and advising on the operation of Funds at different stages in their life-cycle, including fund amendments and terminations.

CONSORTIA

McMillan has significant experience working with consortia, as well as individual participants. Our lawyers bring a combination of private equity experience and strong negotiation skills, which are vitally important to making club deals succeed. Our focus is on helping consortia members find common ground in order to maximizes the return on their investments.

McMillan professionals represent consortia on bidding, negotiating and closing deals; negotiate consortium agreements to define the legal relationship among members, as well as the fiduciary duties of each; structure consortia including tax planning and financing; advise consortium members on their respective governance rights related to the bid; and define exit strategies and criteria for consortium members, including agreement on competing bids once members have exited.

Primary Contacts

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Bruce Chapple

Partner, Private Equity & Venture Capital | Mergers & Acquisitions

Brett Stewart

Partner, Mergers & Acquisitions | Private Equity & Venture Capital | Chair of the Risk and Finance Committee

Michael P. Whitcombe

Partner, Private Equity & Venture Capital | Mergers & Acquisitions

Enda Wong

Partner, Mergers & Acquisitions | Private Equity & Venture Capital

News

Downloads

Private Equity 2021, Canada Chapter

International Comparative Legal Guides, Seventh Edition Download File

Insights (10 Posts)View More

Featured Insight

Transformative Change: Your Guide to Canada’s Breathtaking Competition Act Changes

We provide a summary of far-reaching Competition Act amendments proposed in 2023.

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Dec 5, 2023
Featured Insight

Attracting Venture Capital and Private Equity Investors: The Alberta Business Corporations Act Makes Alberta the Most Investor and Business Friendly Corporate Jurisdiction in Canada

Reforms to the corporate legal regime in Alberta make it the province of choice for businesses and investors alike.

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Nov 24, 2023
Featured Insight

Structuring Mortgage Investment Corporations in Canada

An overview of structuring Mortgage Investment Corporations or "MICs" in Canada

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Nov 23, 2023
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New SEC Cybersecurity Rules – Implications for Canadian Issuers

Discusses the impact of new SEC cybersecurity requirements on Canadian foreign private issuers and suggests recommendations for companies to consider.

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Oct 25, 2023
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Industry Committee Expands Scope of National Security Powers and Other ICA Updates

New proposed changes to Investment Canada Act include significant new rules for state-owned enterprises, asset acquisitions, and net-benefit test.

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Oct 3, 2023
Featured Insight

SEC Approves NYSE and NASDAQ Clawback Listing Standards – Assessing the Implications for Canadian Foreign Private Issuers

On June 9, 2023, the U.S. Securities and Exchange Commission approved the clawback listing standards of the New York Stock Exchange.

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Aug 2, 2023
Featured Insight

The End of LIBOR: The Grand Finale (or is it?)

All remaining tenors of USD LIBOR ceased being published on June 30, 2023; synthetic USD LIBOR and the LIBOR Act are available for legacy contracts.

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Jul 4, 2023
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The Bureau Issues Final Enforcement Guidance on the New Criminal Prohibition on Wage-Fixing and No-Poaching Agreements

Providing insights on the Competition Bureau’s 2023 Guidelines describing the Bureau’s approach to wage-fixing and no-poaching agreements.

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Jun 5, 2023
Featured Insight

CSA Seeks Comments on Two New Approaches to Diversity Disclosure

The Canadian Securities Administrators is seeking comments on the proposed amendments to the corporate governance disclosure rules and policies (Form 58-101F1)

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May 10, 2023
Featured Insight

On the Plus Side: An Overview of SEDAR+ and How to Get Ready by May 1, 2023

An overview of the new integrated records filing system, SEDAR+, launching June 13, 2023.

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Apr 21, 2023