Year: 2016

Bulletin | The Best of 2016 | December 2016

We at AUM Law have judged the regulatory landscape of 2016, and though there will be no cash prize, we have rounded up the top Regulatory Highlights of the Year (in no particular order). As an added bonus, we have linked our previous and related Bulletin articles should you wish to catch up on your reading over a glass of eggnog (or while the in-laws visit). Happy Holidays and all the best for 2017!

In this bulletin
  • Regulatory Highlights of 2016
  1. The OSC Has Been A Busy Beaver
  2. What is FinTech Anyways? Robo-Advisors, Crowdfunding, LaunchPads and More…
  3. The Cyber
  4. Privacy
  5. CASL Hassle
  6. Fun Facts About Fund Facts
  7. Developments in AML
  8. New Private Placement Forms
  • 2017 Teaser – Notices Galore
  • And one reminder before you go…

Click the link to access our bulletin summarizing these recent developments. >> AUM Law Bulletin Best of 2016 December 2016

Bulletin | Closing Time | November 2016

Canadians remembered those we lost on November 11 and mourned the passing of legendary poet and singer, Leonard Cohen, on November 7. The voice of the national icon and spiritual guide, best known for his song Hallelujah, will be sorely missed.

AUM Law will act as your regulatory (not spiritual…unless you’re a fixed fee client) guide to recent IIROC and CSA developments this month, and will shed light on the CRTC’s first decision under Canada’s anti-spam legislation.

In Brief: CMRA Names Its First Chief Regulator  ●  CSA Seeking Participants for Cybersecurity Roundtable  ●  PMAC Announces  New Board

  1. IIROC Releases Proposed Guidance on Order Execution Only Services
  2. A Published Electronic Address Does Not Always Trigger Implied Consent
  3. CSA’s Guidance for Portfolio Managers for Service Arrangements with IIROC
    Dealer Members
  4. You’ve Got Mail – Do Benchmarks Require a Licensing Fee?
  • Frequently Asked Questions
  • News & Upcoming Events

Click the link to access our bulletin summarizing these recent developments. >> AUM Law Bulletin Closing Time November 2016

Bulletin | October 2016

No, we’re not referring to the iconic Swedish vampire thriller of the same name (though we at AUM Law highly recommend it on this All Hallows’ Eve). While this film will give you chills, we’re willing to bet that it’s the fear of letting the wrong ones into your computer systems that keeps you up at night.

There is good reason to worry, as recent revelations surrounding the not so recent Yahoo hacks have demonstrated, not to mention the high-profile security and privacy woes of Ashley Madison. We will examine these and other chilling developments (while paying homage to our favorite frightening flicks) in our annual Halloween edition of the AUM Law Bulletin.

In Brief: OSC Appoints New Enforcement Director  ●  Common Reporting
Standard to Exclude  TFSAs  ●  Survey Says…

  1. Invasion of the Data Snatchers – Yahoo and the Biggest Cyber Breach…Ever?
  2. The Uninvited – Ashley Madison’s Unwanted Guests
  3. It Follows – How to Escape the Shadow of Director’s Liability
  4. When a Stranger Calls (or Emails…) – Kellogg’s CASL Hassle
  5. Angels (not Demons) – AngelList’s New LaunchPad
  6. Help Us Help You
  • Frequently Asked Questions
  • News & Upcoming Events

Click the link to access our bulletin summarizing these recent developments. >> AUM Law Bulletin – Let The Right One In – October 2016

Bulletin | September 2016

Did you know… Murder, She Wrote made its television debut on this day in 1984? Angela Lansbury, as everyone’s favorite mystery writer turned sleuth J.B. Fletcher, solved crimes from Cabot Cove to Moscow in this suspenseful (and highly realistic) tv series.

The suspense is over, however, with respect to the much anticipated Financial Action Task Force (FATF) Mutual Evaluation Report on Canada’s anti-money laundering regime. Spoiler Alert: Results are mixed.

We will take the mystery out of the FATF Report as well as other key regulatory developments in this month’s AUM Law bulletin.

  1. FATF Releases Mutual Evaluation Report on Canada’s AML/CTF Measures
  2. Highlights From OSC’s September 2016 Investment Funds Practitioner
  3. No Double-Dipping – A Reminder Regarding Fees
  4. New TSX DRIP Plan Rules
  5. CSA Publishes Notice on Cyber Security for Market Participants
  6. CSA Publishes Notice on Consideration of Concerns Regarding Report of
    Exempt Distribution
  7. Think of Us When Conducting a Capital Raise
  • Frequently Asked Questions
  • News & Upcoming Events

Click the link to access our bulletin summarizing these recent developments. >> AUM Law Bulletin – Mysteries Solved – September 2016

Bulletin | August 2016

August was an exciting month, as the Rio Olympics took the world by storm. Canada demonstrated its national pride by cheering on medalists Penny Oleksiak and Andre De Grasse, and declaring the country “closed” for the final Tragically Hip concert…

The OSC also earned a gold medal this summer, setting a new record for number of new initiatives recently released to registrants! You will have read about these initiatives in our recent bulletins, and this month we look forward to updating you on other developments of note.

  1. OSC Publishes 2016 Annual Report
  2. 2016 OSC Compliance and Registrant Regulation Report – Continued…
  3. Are You in Compliance as a .ca Domain Holder?
  4. Corporate Class Mutual Funds – Tax-Deferred Switches Near an End
  5. Automatic Switching Program – New Relief From Fund Fact Delivery
    Requirements
  6. Investment Fund Manager Registration in Ontario, Québec and Newfoundland
  • Frequently Asked Questions
  • News & Upcoming Events

Click the link to access our bulletin summarizing these recent developments. >> AUM Law Bulletin – Rio Grande – August 2016

Bulletin | July 2016

In this bulletin:

In Brief: Amendments to Derivative Data Reporting ● Whistleblower Policy in Effect

  1. 2016 OSC Compliance and Registrant Regulation Report
  2. Adding an Online Platform to Your Existing Registrant
  3. More 31-103 and 33-109 Amendments
  4. OSC Proposes New Rule for Out-Of-Province Distributions
  5. Additional Consultations on Non-Centrally Cleared Derivatives
  6. CRTC Publishes Enforcement Advisory on CASL Consent Records
  7. Help Us Help You
  • Frequently Asked Questions
  • News & Upcoming Events

Click the link to access our bulletin summarizing these recent developments. >> AUM Law Bulletin Regulatory Rush July 2016

Bulletin | June 2016

In this bulletin:

  1. Are You Selling Securities Into Canada?
  2. Is Your OM Too Tightly Wrapped?
  3. New AML Guidelines
  4. Competition Bureau to Study FinTech Market
  5. Broadened Insider Trading Definition
  • Frequently Asked Questions
  • AUM Law News

Click the link to access our bulletin summarizing these recent developments. >> AUM Law Bulletin June 2016

Bulletin | May 2016

Did you know… on this day in 1919, the New York Stock Exchange closed its doors for the day, to allow frenzied clerks to clear paperwork from a tumultuous month during which trading volumes regularly exceeded an astonishing 1.5 million shares a day. Nobody loves paperwork, but at least back then they didn’t have to worry about cybersecurity!

Click the link to access our bulletin summarizing these recent developments. >> AUM Law Bulletin May 2016

Bulletin | Spring Training | March 2016

As our beloved Toronto Blue Jays finalize their lineup for the start of the 2016 season, so too is the OSC, which recently published a lineup of regulatory initiatives in its Statement of Priorities. We discuss this and much more in our Spring edition of the AUM Law Bulletin.

Click the link to access our bulletin summarizing these recent developments. >> AUM Law Bulletin Spring Training March 2016

Bulletin | AUM Law Leap Year Bulletin | February 2016

In this bulletin

MIE Business Trigger ● Recent Business Trigger Decisions ● CSA Enforcement Report

  1. New Exempt Market Filing Requirements
  2. Bond Fund Liquidity
  3. Amendments to Canada’s Early Warning Reporting System and Take-Over
    Bid Regime
  4. Derivative Scope and Trade Reporting Rules Proposed in Other Provinces

Click the link to access our bulletin summarizing these recent developments. >> AUM Law Bulletin – AUM Law Leap Year Bulletin – February 2016

In a Nutshell | Mortgage Investment Corporations | February 2016

Are you using the syndicated mortgage exemption and find the related compliance obligations cumbersome?

Are you contemplating creating your own pool by setting up a mortgage investment corporation?

In this publication we discuss how a syndicated mortgage is treated under securities legislation, and what
to keep in mind when structuring a mortgage investment corporation, such as dealer registration and
other obligations.

Click the link to access our nutshell summarizing these recent developments. >> AUM Law Nutshell – February 2016

Bulletin | January 2016

In this bulletin

OM and Crowdfunding Exemptions ● Outsourced CCOs ● Referral Arrangements

  1. Risk Classification for Use in Fund Facts
  2. Proposed Transition to Cooperative Capital Markets Regulatory System
  3. Notifying Regulators of Corporate Changes
  4. General Partners, Registrants and Ownership Chart Reporting
  5. Investment Dealer Exemption Announced
  6. Are you Relying on Section 8.6?
  7. More Fun for Exempt Market Filings in Canada

Click the link to access our bulletin summarizing these recent developments. >> AUM Law Bulletin January 2016