Proposed Changes on Who Can Sell Commercial Paper in Canada

The Canadian Securities Administrators (the CSA) have published proposed amendments to National Instrument 31-103 Registration Requirements, Exemptions And Ongoing Registrant Obligations (NI 31-103) on December 5, 2013 (the Proposed NI 31-103 Amendments), which included, among other things, a new short-term debt registration exemption under s. 8.22.1 of NI 31-103 (the Proposed registration exemption). Currently, all CSA […]

Proposed Short-Term Debt Exemption in Canada – A Chart Simplifying the Credit Rating Requirement

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This is a follow-up to a recently posted blog on January 30, 2014 titled, “Changes Proposed for Exempt Offerings of Short-Term Debt and Securitized Products in Canada.” The designated rating provision under the existing Short-Term Debt Exemption in Section 2.35 of National Instrument 45-106 Prospectus and Registration Exemptions (NI 45-106) requires an issuer of short-term […]

Changes Proposed for Exempt Offerings of Short-Term Debt and Securitized Products in Canada

The Canadian Securities Administrators (the “CSA”) have published for comment proposed amendments (the “Proposal”) to National Instrument 45-106 Prospectus and Registration Exemptions (“NI 45-106”). The Proposal seeks to: amend the existing prospectus exemption relating to short-term debt securities (the “Short-Term Debt Exemption”); and create a new prospectus exemption for the sale of short-term securitized products […]

New CSA Guidance for Exempt Market Dealers on Updating ‘Know-Your-Client’ Information

On January 9, 2014, the Canadian Securities Administrators (CSA) published CSA Staff Notice 31-336 that provides industry guidance on, among other things, when exempt market dealers (EMDs) need to update their ‘know-your-client’ (KYC) information. The CSA states that an EMD should update KYC information at least annually or more frequently if there is a material […]

Proposed Listing Representation Relief in Offering Documents for Foreign Issuers Doing Private Placements into Canada

By Alixe Cormick and Brian Koscak “… and we are going to list our securities on the NYSE …”   In our prior article (the Prior Article), we discussed how securities laws in Canada prohibit making written or oral representations that: (a) a security will be listed on an exchange or quoted on a quotation […]