Perspectives Newsletter

Perspectives Newsletter

In this issue...

  • CSA Prepare for Canada’s Business Conduct Regime for OTC Derivatives Dealers and Advisers
  • Canada’s Virtual Currency Landscape: Regulatory Developments
  • CSA Propose Amendments Related to CSE, Majority Voting, and Escrow Agreements
  • Federal Consultation on Strengthening Canada’s Financial Sector
  • Selling Owner-operated Businesses

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Capital Markets & Securities

Setting the Stage: CSA Prepare for Canada’s Business Conduct Regime for OTC Derivatives Dealers and Advisers

Alix d'Anglejan-Chatillon, Ramandeep K. Grewal

The Canadian Securities Administrators (“CSA”) have released a few updates this summer regarding National Instrument 93-101 Derivatives: Business Conduct and its companion policy (collectively, the “Business Conduct Rule”). These included the British Columbia Securities Commission publishing an advanced notice of adoption of the Business Conduct Rule and the CSA announcing certain temporary relief to facilitate transition to the new regime. Subject to ministerial approval in British Columbia, the Business Conduct Rule and the temporary relief will take effect in all Canadian jurisdictions on September 28, 2024. Read more

Canada’s Virtual Currency Landscape: Regulatory Developments on the Horizon

Alix d'Anglejan-Chatillon, Ramandeep K. Grewal, éric Lévesque

Three of our lawyers recently updated the Canada chapter of Virtual Currency Regulations (7th edition), published by Lexology In-Depth. This chapter provides a comprehensive overview of the rapidly evolving legal landscape relating to virtual currency in Canada. Read more

CSA Propose Amendments Related to CSE’s Senior Tier, Majority Voting, Escrow Agreements and More

Stikeman Elliott

The Canadian Securities Administrators recently published for comment proposed amendments and changes to certain national instruments and policies to: (i) address the Canadian Securities Exchange’s creation of a senior tier; (ii) codify blanket orders that were put in place to accommodate the Canada Business Corporations Act “majority voting” amendments; (iii) remove the requirement for escrow agreements to be signed, sealed and delivered by securityholders in the presence of a witness; and (iv) make housekeeping amendments. The comment period will end on October 30, 2024. Read more


Insurance

Strengthening Canada’s Financial Sector: Phase 3 of the Federal Consultation Emphasizes Competition and Consumer Interests

Stuart S. Carruthers, Meaghan Obee Tower, Andrew S. Cunningham

On August 12, 2024, the Department of Finance released its Consultation on Proposals to Strengthen Canada’s Financial Sector, the third phase of the federal government’s ongoing review of Canada’s financial institutions laws. The accompanying media release notes that this phase builds on feedback from the earlier phases. Comments relating to this phase of the consultation may be submitted until September 11, 2024. Read more


Mergers & Acquisitions

Bringing Bay Street Expertise to Main Street M&A

Mario Nigro

In this episode of "Views from the Market", our Midmarket M&A and private equity podcast, Stikeman Elliott's Mario Nigro speaks with Don Hilton, founder of Distinct Capital Partners, an M&A advisory firm catering to owner-operated lower midmarket businesses. With 40 years of experience at every level of corporate finance and M&A, Don has seen the sell-side market shift toward baby boomers looking to sell their businesses outside the family. As he and Mario discuss, the key to Distinct Capital’s success is its ability to provide business owners with a complete range of expert transactional services, paving the way for a smooth and successful exit. Listen to the podcast


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