Year: 2018

Bulletin | Stocking Stuffers | December 2018

In this bulletin:

  1. Regulatory Highlights of 2018

“A” is for AML-ATF and Alternative Mutual Funds

“B” is for Best

“C” is for Cannabis, Crypto-Commotion and CCMRS

“D” is for Data Privacy / Digital Security, Derivatives and Diminished Capacity

“E” is for Exam Report Cards and Exempt Distributions

“F” is for Fintech

“G” is for Guidance

“H” is for Housing

  1. Reminder: Investment Funds Have a January 30 Deadline to File Reports of Exempt Distribution
  2. New Sanctions List to Check under Anti-Terrorist Legislation
  3. FINRA Publishes Compliance Exams Report
  4. SEC Issues Report on Exam Sweep Focused on Electronic Messaging

In Brief: FSPC’s Updated Professional Conduct Standards Take Effect on January 1 ▪ CSA Proposes Trading Fee Rebate Pilot Study

Click the link to access our bulletin summarizing these recent developments. >> AUM Law Bulletin – Stocking Stuffers – December 2018

Bulletin | Happy Hanukkat! | November 2018

In this bulletin:

  1. Supreme Court Says “Yes” to the CCMRS
  2. Government Advised to Leverage the Securities Industry to Combat Money Laundering and Terrorist Financing
  3. BCSC Releases Compliance Report Card for Registrants
  4. OSC Publishes Exempt Market Report for 2017
  5. ASC Launches a Whistleblower Regime
  6. CSA Warns Issuers to Curb Their Enthusiasm
  7. Fumble or Touchdown: It’s Up to You

In Brief: Let’s Sing from the Same Song Sheet: FSB Publishes a Cyber Lexicon ● IOSCO Looking at Leverage in Investment Funds ● CSA Shines Spotlight on ETF Facts

> News & Events

Click the link to access our bulletin summarizing these recent developments. >> AUM Law Bulletin – Happy Hanukkat – November 2018

Bulletin | Trick or Treat Edition | October 2018

In this bulletin:

  1. Ready, Set, Go! Alternative Mutual Funds Can Be Offered to Retail Investors
    Beginning January 3, 2019
  2. OSC Settles Case with Foreign Dealer Trading CFDs Online
  3. OSC Publishes Annual Corporate Finance Branch Report
  4. AMF Flunks Some Funds’ Fund Facts for Their Investment Risk Disclosures
  5. Yes, That Really Is Illegal: Valt.X Decision Reinforces Core Provisions in Securities Legislation
  6. Are You Ready for New Data Privacy Standards?

In Brief: Cannabis Industry Reporting Issuers Told to Bring Their Disclosures up to Snuff ● FSCO Publishes Guidance on Fair Treatment of Customers

> News & Events

Click the link to access our bulletin summarizing these recent developments. >> AUM Law Bulletin – Trick or Treat Edition – October 2018

Bulletin | Movin’ Out Edition | September 2018

In this bulletin:

  1. Jail Time for Mr. Tiffin
  2. Embedded Commissions: We Just Disagree Edition
  3. Mind the Non-GAAP
  4. FINRA Publishes White Paper on RegTech for Comment
  5. Real Estate Investment Vehicles: Which Make and Model Suit You?
  6. Alternative Funds: Ready to Shake It up?

In Brief: Reminder: Revised Form 45-106F1 Report of Exempt Distributions Takes Effect on October 5 ● IOSCO Publishes Guidance on Conflicts of Interest in the Equity Capital-Raising Process ● IOSCO Issues Policy Measures on Retail, Leveraged OTC Products and Warns Public about Binary Options

> News & Events

Click the link to access our bulletin summarizing these recent developments. >> AUM Law Bulletin – Movin’ Out Edition – September 2018

Bulletin | Dam it Edition | August 2018

In this bulletin:

  1. Our Takeaways from the 2017-18 CRR Annual Report
  2. The Northwest Exemption for Prospectus-Exempt Trades is Revoked
  3. CSA Issues Guidance on Bail-in Debt Regime

In Brief: FINTRAC Updates Its Guidance on Beneficial Ownership ● OSC and AMF Join the Global Financial Innovation Network

> News & Events

Click the link to access our bulletin summarizing these recent developments. >> AUM Law Bulletin – Dam It Edition – August 2018

Bulletin | Summer Jazz Edition | July 2018

In this bulletin:

  1. OSC’s Whistleblower Program Toots Its Own Horn on Second Anniversary
  2. For Real, Now: Fine-Tuned Form 45-106F1 Finalized
  3. CSA Stresses Connections over Quantities in Its 2017/18 Enforcement Report
  4. Reporting Issuers Face the Music in CSA’s CD Review Program Report

In Brief: It Can Happen to Anyone: CSA Discloses Unauthorized NRD Access ● OSC Finalizes Its Priorities for 2018-19 ● OSC Publishes Behavioural Insights Reports Relevant to Investment Industry

> News & Events

Click the link to access our bulletin summarizing these recent developments. >> AUM Law Bulletin – Summer Jazz Edition – July 2018

Bulletin | Heatwave Edition | June 2018

In this bulletin:

  1. Fundamental Changes Coming to Registrant-Client Relationship, if the CSA Has Its Way
  2. CSA Consults a Second Time on Business Conduct Rules for OTC Derivatives
  3. Pursue Best Execution for Your Clients, or Else
  4. CSA Staff Publish Follow-up Guidance on Token Offerings
  5. Federal Government Proposes Changes to AML/ATF Regime
  6. Why Invest in Investment Policy Statements?
  7. OSC Approves No-Contest Settlement with IPC Dealers

In Brief: OSC Report Sheds Light on Financial Consumers’ Understanding of Cryptoassets ● MFDA Publishes 2018-2022 Strategic Plan

> News & Events

Click the link to access our bulletin summarizing these recent developments. >> AUM Law Bulletin – Heatwave Edition – June 2018

Bulletin | Wants and Needs | May 2018

In this bulletin:

  1. CMRA Delay
  2. New Custody Rules for Prospectus-Exempt Funds Come into Force on June 4
  3. Tiffin Ruling on Promissory Notes as Eagerly Anticipated as the Royal Wedding
  4. Synchronized (Crypto) Sweeping
  5. You Can’t Always Get What You Want … Even in a Settlement Agreement
  6. CCIR, CISRO and FSCO Propose Guidance on Fair Treatment of Customers
  7. Tell the MFDA What You Think about Expanded Cost Reporting

In Brief: CSA Proposes to Extend the Post-Trade Transparency Requirements for Debt Securities ● MFDA Proposes Principles-Based Sanction Guidelines ● Good Riddance…One of These Days: CSA Gives an Update on Project RID for Investment Funds

> News & Events

Click the link to access our bulletin summarizing these recent developments. >> AUM Law Bulletin – Wants and Needs – May 2018

In a Nutshell | Mortgage Investment Corporations | May 2018

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?

Are you concerned about the proposed amendments to the syndicated mortgage regime?

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. >> In a Nutshell | Mortgage Investment Corporations | May 2018 

Bulletin | Riders on the Storm | April 2018

In this bulletin:

  1. Don’t Let Your Swag Drag You Down
  2. CSA Proposes Registration Framework for OTC Derivatives Dealers and Advisers
  3. Privacy Law Update: Get Ready for Data Breach Notification, Reporting and Record-Keeping Requirements
  4. Is Bitcoin a Security? Definitely Maybe
  5. Re Mason: Balancing Investor Protection against Fundamental Freedoms
  6. CSA to Ease Resale Restrictions on Privately Placed Securities of Foreign Issuers
  7. OSC Seeks Comment on 2018-19 Priorities

In Brief: April Storms Usher in the CSA’s Climate Change Disclosure Report ● OSC’s Mediation Program for Enforcement Matters to Continue ● CSA Seeks Feedback on Soliciting Dealer Arrangements ● FundSERV Proposes Rules for New Service Providers

> News & Events

Click the link to access our bulletin summarizing these recent developments. >> AUM Law Bulletin – Riders on the Storm – April 2018

Special Bulletin | The RAQ is Back | April 2018

As we mentioned in our February Bulletin, registrants can expect to receive a risk assessment questionnaire (RAQ) from the Ontario Securities Commission (OSC) on April 18. The OSC uses the information collected from these biennial questionnaires as part of its risk-based supervision program. The resulting risk-ranking of firms is one of the OSC’s main tools to decide which firms to audit.

Click the link to access our bulletin summarizing these recent developments. >> AUM Law Special Bulletin – The RAQ is Back – April 2018

Bulletin | Spring is in the Air | March 2018

In this bulletin:

  1. OSC Publishes Its Seniors Strategy
  2. Regulatory Framework for Syndicated Mortgages is Changing
  3. The Cover-up Can Be Worse than the Crime
  4. Federal Consumer Watchdog Gives Big Banks a “Needs Improvement” Grade

In Brief: Ontario Government Consults on Regulatory Framework for Financial Planners ● OSC Leaves Regulatory Fees Unchanged for Next Two Years

Click the link to access our bulletin summarizing these recent developments. >> AUM Law Bulletin – Spring is in the Air – March 2018

Bulletin | We’re Not Kitten Around | February 2018

In this bulletin:

In Brief: CSA Revises Its Pot Policy

  1. It’s a Family Affair, or Is it? Registration Considerations for Family Offices
  2. Get Ready for the RAQ
  3. Personal Trading Reviews
  4. CSA Revises Its Guidance on Reporting Obligations Related to Suppression of Terrorism and Canadian Sanctions (STCS)
  5. Have Your Say on Canada’s AML/ATF Regime
  6. OSC Getting Real About Real Estate
  7. OSC Seeks to Clarify How Whistleblower Policy Applies to In-House Counsel
  8. Fintech Regulation: A Myriad of Things
  9. IOSCO Updates Its Recommendations for Liquidity Risk Management by Investment Funds

> News & Events

Click the link to access our bulletin summarizing these recent developments. >> AUM Law Bulletin – We’re Not Kitten Around – February 2018

Bulletin | Freak Out? | January 2018

In this bulletin:

In Brief: IOSCO and other regulators express concern about ICOs ● IIROC and FINRA outline their compliance priorities for 2018 ● OSC Finalizes Rule 72-503 Distributions outside Canada

  1. Bitcoin ETFs – Ready to List?
  2. The Initial Coin Offering (ICO) Process Compared to the Initial Public Offer (IPO) Process
  3. Up in Smoke?
  4. Court of Appeal Upholds OSC’s Interpretation of “Special Relationship” in Tipping Case
  5. To Wrap or Not to Wrap: Providing Offering Documents to Canadian Resident Investors
  6. Is Your Firm Paying for Insurance Coverage It’s not Required to Have?

> AUM Law: We Have the Knowledge, Experience and Bench Strength to Meet Your Needs

Click the link to access our bulletin summarizing these recent developments. >> AUM Law Bulletin – Freak Out – January 2018