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 […]

Part I – Canadian Securities Regulators Propose New ‘Commercial Paper’ Exemption

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By: Brian Koscak, Alison Manzer, Jonathan Fleisher and Michael Brown  The Canadian Securities Administrators (the CSA) have published for comment proposed amendments (the 2014 Proposals) to National Instrument 45-106 Prospectus and Registration Exemptions . The 2014 Proposals seek to amend the existing prospectus exemption for short-term debt securities by imposing different credit rating requirements and […]

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 […]