By: Brian Koscak, Jonathan Fleisher, Alison Manzer 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 (NI 45-106). The 2014 Proposals seek to: amend the existing prospectus exemption relating to short-term debt securities by imposing different credit rating […]
Part II – Canadian Securities Regulators Propose New ‘Asset Backed Commercial Paper’ Exemption
Proposed Short-Term Debt Exemption in Canada – A Chart Simplifying the Credit Rating Requirement
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 […]
The Offering Memorandum Exemption in a Nutshell
By Brian Koscak and Alixe Cormick The offering memorandum exemption (the OM exemption) in Section 2.9 of National Instrument 45-106 Prospectus and Registration Exemptions (NI 45 106) allows issuers to sell to anyone regardless of their income, net worth, investment amount, or relationship to the principles of the issuer. Everyone an issuer could solicit in […]
Ontario Offering Memorandum is NOT the Same as the Offering Memorandum Exemption
By Brian Koscak and Alixe Cormick The term “offering memorandum” has two meanings under securities laws in Canada. In Canadian jurisdictions other than Ontario, an offering memorandum is a document prepared in the prescribed form under National Instrument 45-106 Prospectus and Registration Exemptions (NI 45-106 OM) to enable an issuer to rely on the offering […]