Dec 21, 2018
In this bulletin:
- 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
- Reminder: Investment Funds Have a January 30 Deadline to File Reports of Exempt Distribution
- New Sanctions List to Check under Anti-Terrorist Legislation
- FINRA Publishes Compliance Exams Report
- 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
Nov 30, 2018
In this bulletin:
- Supreme Court Says “Yes” to the CCMRS
- Government Advised to Leverage the Securities Industry to Combat Money Laundering and Terrorist Financing
- BCSC Releases Compliance Report Card for Registrants
- OSC Publishes Exempt Market Report for 2017
- ASC Launches a Whistleblower Regime
- CSA Warns Issuers to Curb Their Enthusiasm
- 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
Oct 31, 2018
In this bulletin:
- Ready, Set, Go! Alternative Mutual Funds Can Be Offered to Retail Investors
Beginning January 3, 2019
- OSC Settles Case with Foreign Dealer Trading CFDs Online
- OSC Publishes Annual Corporate Finance Branch Report
- AMF Flunks Some Funds’ Fund Facts for Their Investment Risk Disclosures
- Yes, That Really Is Illegal: Valt.X Decision Reinforces Core Provisions in Securities Legislation
- 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
Sep 28, 2018
In this bulletin:
- Jail Time for Mr. Tiffin
- Embedded Commissions: We Just Disagree Edition
- Mind the Non-GAAP
- FINRA Publishes White Paper on RegTech for Comment
- Real Estate Investment Vehicles: Which Make and Model Suit You?
- 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
Aug 31, 2018
In this bulletin:
- Our Takeaways from the 2017-18 CRR Annual Report
- The Northwest Exemption for Prospectus-Exempt Trades is Revoked
- 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
Jul 31, 2018
In this bulletin:
- OSC’s Whistleblower Program Toots Its Own Horn on Second Anniversary
- For Real, Now: Fine-Tuned Form 45-106F1 Finalized
- CSA Stresses Connections over Quantities in Its 2017/18 Enforcement Report
- 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
Jun 29, 2018
In this bulletin:
- Fundamental Changes Coming to Registrant-Client Relationship, if the CSA Has Its Way
- CSA Consults a Second Time on Business Conduct Rules for OTC Derivatives
- Pursue Best Execution for Your Clients, or Else
- CSA Staff Publish Follow-up Guidance on Token Offerings
- Federal Government Proposes Changes to AML/ATF Regime
- Why Invest in Investment Policy Statements?
- 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
May 31, 2018
In this bulletin:
- CMRA Delay
- New Custody Rules for Prospectus-Exempt Funds Come into Force on June 4
- Tiffin Ruling on Promissory Notes as Eagerly Anticipated as the Royal Wedding
- Synchronized (Crypto) Sweeping
- You Can’t Always Get What You Want … Even in a Settlement Agreement
- CCIR, CISRO and FSCO Propose Guidance on Fair Treatment of Customers
- 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
May 2, 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
Apr 27, 2018
In this bulletin:
- Don’t Let Your Swag Drag You Down
- CSA Proposes Registration Framework for OTC Derivatives Dealers and Advisers
- Privacy Law Update: Get Ready for Data Breach Notification, Reporting and Record-Keeping Requirements
- Is Bitcoin a Security? Definitely Maybe
- Re Mason: Balancing Investor Protection against Fundamental Freedoms
- CSA to Ease Resale Restrictions on Privately Placed Securities of Foreign Issuers
- 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
Apr 13, 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
Mar 29, 2018
In this bulletin:
- OSC Publishes Its Seniors Strategy
- Regulatory Framework for Syndicated Mortgages is Changing
- The Cover-up Can Be Worse than the Crime
- 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
Feb 28, 2018
In this bulletin:
In Brief: CSA Revises Its Pot Policy
- It’s a Family Affair, or Is it? Registration Considerations for Family Offices
- Get Ready for the RAQ
- Personal Trading Reviews
- CSA Revises Its Guidance on Reporting Obligations Related to Suppression of Terrorism and Canadian Sanctions (STCS)
- Have Your Say on Canada’s AML/ATF Regime
- OSC Getting Real About Real Estate
- OSC Seeks to Clarify How Whistleblower Policy Applies to In-House Counsel
- Fintech Regulation: A Myriad of Things
- 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
Jan 31, 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
- Bitcoin ETFs – Ready to List?
- The Initial Coin Offering (ICO) Process Compared to the Initial Public Offer (IPO) Process
- Up in Smoke?
- Court of Appeal Upholds OSC’s Interpretation of “Special Relationship” in Tipping Case
- To Wrap or Not to Wrap: Providing Offering Documents to Canadian Resident Investors
- 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
Dec 21, 2017
In this bulletin:
In Brief: Outside Business Activities: A Few Instances to Remember ● Form 33-109F5 Requirement for Cryptocurrencies ● MiFID II Unbundling Requirements: Impact (or lack thereof) in the Canadian Markets ● Less CASL Hassle ● Update on CCIR Segregated Fund Working Group Position Paper
- For Best Execution, Good May Not Be Good Enough
- A Stern Warning to Registrants Regarding OBSI Obligations
- Cybersecurity: Why Director Involvement is so Important
- Prohibiting Cluster Munitions Act: A Cause for Concern?
- European Privacy Laws are Changing: Do They Apply to Your Firm?
- Re: Marek – Who is Your Client?
News & Events
Click the link to access our bulletin summarizing these recent developments. >> AUM Law Bulletin – Trees and Triffids – December 2017