Apr 30, 2021 | News, Regulatory Compliance
In February 2021, FINTRAC updated its guidance on politically exposed persons (PEP) and heads of international organizations (HIO), as well as related guidance for account-based reporting entity sectors, including “securities dealers” (i.e. dealers and advisors). This...
Apr 30, 2021 | Events, News
On May 12, AUM Law’s Chris Tooley will participate as a speaker at the Portfolio Management Association of Canada (PMAC) Spring Regulatory & Compliance Webcast on FINTRAC audits and Richard Roskies will also be speaking on the topic of OSC audits. April 30,...
Apr 30, 2021 | Corporate Finance, Corporate Law, Regulatory Compliance
On March 29, the Canadian Securities Administrators (CSA) and the Investment Industry Regulatory Organization of Canada (IIROC, and together with the CSA, Regulators) jointly published Staff Notice 21-329 Guidance for Crypto-Asset Trading Platforms: Compliance with...
Apr 30, 2021 | Corporate Finance, Corporate Law, Regulatory Compliance
On March 29, 2021, Bill 22, Red Tape Reduction Implementation Act, 2020, was proclaimed into force in Alberta. As a result, an Alberta corporation will no longer be required to have any Canadian citizens on its board of directors. In addition, director residency...
Apr 30, 2021 | Investment Funds, News, Regulatory Compliance
On March 31, 2021, the Alberta Securities Commission and the Financial and Consumer Affairs Authority of Saskatchewan adopted, on an interim, three-year basis, a new prospectus exemption entitled the Self-Certified Investor Prospectus Exemption, as outlined in...
Apr 30, 2021 | Corporate Finance, Investment Funds, Regulatory Compliance
The Alberta Securities Commission and the Financial and Consumer Affairs Authority of Saskatchewan have proposed a new prospectus exemption to assist small businesses in Alberta and Saskatchewan to raise up to $5 million from investors in those provinces, based on a...
Apr 30, 2021 | Corporate Finance, Investment Funds, Regulatory Compliance
The Alberta Securities Commission is continuing to explore unique exemptions to revitalize Alberta’s capital markets and assist small businesses to raise capital efficiently while balancing investor protection. The proposed new blanket order would provide an exemption...
Apr 30, 2021 | Corporate Finance, Investment Funds, Regulatory Compliance
The Supreme Court of British Columbia has confirmed that monetary penalties and disgorgement orders from regulatory proceedings are exempt from a bankruptcy discharge. In 2015, the British Columbia Securities Commission ordered Thalbinder Singh Poonian and Shailu...
Apr 30, 2021 | Investment Funds, Regulatory Compliance
On March 18, 2021, the Court of Appeal for Ontario ruled that a malicious prosecution lawsuit against the Ontario Securities Commission and three of its employees can proceed. One of the appellants in the case, Mr. Sam Qin, and various entities he controlled, were...
Apr 30, 2021 | Corporate Finance, Investment Funds, News, Regulatory Compliance
In January 2021, the Capital Markets Modernization Taskforce published its final report after completing its review of the status of Ontario’s capital markets. In its most recent provincial budget, the Government of Ontario indicated that it will proceed with certain...
Apr 30, 2021 | Mortgage and Real Estate Investment Vehicles, Regulatory Compliance
On March 12, 2021, the Financial Services Regulatory Authority of Ontario (FSRA) published its first quarterly scorecard on its service standard performance. FSRA has 22 service standards to support core regulatory services. The standards measure operational and...
Apr 30, 2021 | Corporate Finance, Investment Funds, Mortgage and Real Estate Investment Vehicles, News, Regulatory Compliance
As reported in our December 2020 bulletin, on December 7, the Ontario Securities Commission (OSC) released the final amendments to OSC Rule 45-501 Ontario Prospectus and Registration Exemptions (Amendments). The Amendments form part of the changes across Canada which,...
Apr 23, 2021 | Featured, Nutshell Series
Industry participants are re-thinking their business operations as a result of mortgage lenders no longer being able to operate outside of a securities law regime as of March 1, 2021. Many lenders that previously qualified investors on a deal by deal basis in order to...
