Proposed Experience Requirement for Chief Compliance Officers of Exempt Market Dealers – PCMA Canada’s Comment Letter

 The Canadian Securities Administrators (the CSA) have proposed certain amendments to National Instrument 31-103 Registration Requirements, Exemptions and Ongoing Registrant Obligations (NI 31-103) and other rules (the Proposed Amendments) that includes, adding a new experience component to the proficiency requirement to be a chief compliance officer (CCO) of an exempt market dealer (EMD). Specifically, the […]

Exempt Market Dealers and Prospectus Offerings in Canada – PCMA Canada’s Comment Letter

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  On December 5, 2013, the Canadian Securities Administrators (the CSA) proposed certain changes to National Instrument 31-103 Registration Requirements, Exemptions and Ongoing Registrant Obligations (NI 31-103) and other rules, including a proposal to prohibit exempt market dealers (EMDs) from participating in prospectus offerings (the Proposed Amendments). I was privileged to Chair the Comment Committee […]

Finders and Referral Agents Beware! Proposed Changes for Unregistered Individuals in Canada

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By Brian Koscak and Peter Dunne The Canadian Securities Administrators (the CSA) have proposed amendments to National Instrument 31-103 Registration Requirements, Exemptions and Ongoing Obligations (NI 31-103) that seek, among other things, to clarify the use of the “trade through or to a registered dealer” exemption in section 8.5(a) of NI 31-103 (section 8.5(a)). The […]

Misrepresentations in a Private Placement Offering Memoranda in Canada

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By Brian Koscak and Alixe Cormick An offering memorandum (OM) must contain all information material to the investment opportunity to enable an investor to make an informed investment decision. What information is material depends on the specific business and investment opportunity of an issuer. Under Canadian securities laws, an issuer must ensure there is no […]

Launch of “Equity Crowdfunding Alliance of Canada”

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PRESS RELEASE – On March 3, 2014, a group of companies and individuals dedicated to the developing Equity Crowdfunding industry in Canada, announced that they have come together and established the Equity Crowdfunding Alliance of Canada (ECFA Canada), Canada’s first equity-only Crowdfunding alliance. These companies and individuals, including funding portals through which Equity Crowdfunding is […]