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1
Deemed Trusts And Priming Charges: The Alberta Court Of Appeal Affirms The Priority Of CCAA Charges Over Crown Deemed Trusts In Canada North Group
On August 29, 2019, the majority of the Alberta Court of Appeal held in Canada v. Canada North Group Inc., 2019 ABCA 314 (Canada North)
Canada
5 Sep 2019
2
Bankers’ Acceptances In Canadian Credit Agreements
A bankers’ acceptance ("BA") is essentially a negotiable financial instrument used to raise short term funds in the money market.
Canada
3 Oct 2012
3
Mobile Payment Transactions - Proposed Expansion Of The Code Of Conduct For The Credit And Debit Card Industry In Canada
The federal government announced the proposed expansion of the Code of Conduct for the Credit and Debit Card Industry in Canada.
Canada
25 Sep 2012
4
Revised OSFI Guideline B-20 – Residential Mortgage Underwriting Practices And Procedures
The final version of the revised Guideline B-20 Residential Mortgage Underwriting Practices and Procedures was published by OSFI on June 21, 2012. The Guideline, together with the tightening of the rules for government-backed insured mortgages announced by the Minister of Finance on the same day form part of the Canadian Government’s attempts to strengthen the Canadian housing finance system.
Canada
6 Aug 2012
5
Ontario Securities Commission Examines Emerging Market Issuers In New Report
On March 20, 2012, the Ontario Securities Commission (OSC) released a Report (the Report) addressing certain challenges posed by emerging market issuers. The Report contained the results of a review of 24 issuers listed on Canadian exchanges with significant business operations in emerging markets.
Canada
2 May 2012
6
Major Reforms Enacted To Stimulate Public And Private Capital Raising In The United States
On April 5, 2012, President Obama signed into law the Jumpstart Our Business Startups Act, which makes significant changes to existing U.S. federal securities laws intended to make it easier for small and emerging companies to conduct public and private securities offerings in the United States.
Canada
16 Apr 2012
7
Ontario Court Of Appeal Holds That Companies Trading Exclusively On Foreign Exchanges Can Be "Responsible Issuers" In Ontario
On March 30, 2012, the Court of Appeal for Ontario released its decision in Abdula v. Canadian Solar Inc., 2012 ONCA 211.
Canada
13 Apr 2012
8
Canadian Securities Regulators Propose Registration Rules For Non-Resident Investment Fund Managers
On February 10, 2012, the Ontario Securities Commission, together with securities regulators in New Brunswick, Québec and Newfoundland (the Exemption-Based Jurisdictions) published for comment proposed Multilateral Instrument 32-102 "Registration Exemptions for Non-Resident Investment Fund Managers" (Proposed MI 32-102) relating to proposed registration exemptions for non-resident investment fund managers.
Canada
21 Feb 2012
9
BIA And CCAA "Lookback Periods" For Preferential Transactions
Lenders should be cognizant that the granting of security by a debtor may be subject to challenge as a fraudulent preference in the event the debtor subsequently files for liquidation or proposal proceedings under the Bankruptcy and Insolvency Act (Canada) (the "BIA") or restructuring proceedings under the Companies’ Creditors Arrangement Act (Canada) (the "CCAA").
Canada
17 Feb 2012
10
Canada’s New Rules For Marketing Prospectus Offerings - 10 Things To Know About The Proposed Changes
On November 25, 2011, the Canadian Securities Administrators (CSA) published for comment proposed changes to the rules on the marketing of prospectus offerings (the proposed rules).
Canada
15 Feb 2012
11
Licences As Personal Property Under Amendments To The British Columbia PPSA
The British Columbia ("BC") legislature has introduced amendments to expressly identify transferable licences as personal property under the BC Personal Property Security Act (the "BC PPSA").
Canada
10 Jan 2012
12
Supreme Court Rules Against Proposed Securities Act
In a unanimous judgment, the Supreme Court of Canada has ruled that the proposed federal Securities Act is unconstitutional.
Canada
4 Jan 2012
13
Why "Record" Security Interests In Intellectual Property At The Canadian Intellectual Property Office?
In Canada, security interests in intangible property collateral are perfected (or published, in the case of Québec) by making a registration under the personal property security legislation ("PPSL") of the province where the debtor is deemed to be located at the time the security interest attaches.
Canada
4 Jan 2012
14
Further Changes To British Columbia Disclosure Requirements For Private Placements Of Securities
On October 3, 2011, the British Columbia Securities Commission (BCSC) adopted new private placement trade reporting requirements, which applied only in the Province of British Columbia, through amendments to National Instrument 45-106 of the Canadian Securities Administrators.
Canada
30 Dec 2011
15
Further Extension Of Exemption From Rule 17g-5(A)(3) For Certain Non-U.S. Transactions
On November 16, 2011, the Securities and Exchange Commission ("SEC") issued an order extending the temporary exemption for rating agencies from the requirements for Rule 17g-5 for certain non-U.S. transactions for a further one-year period, expiring December 2, 2012.
Canada
15 Dec 2011
16
Canadian Securities Administrators Publish Proposed Changes To Rules On Marketing Of Prospectus Offerings
The Canadian Securities Administrators (CSA) have issued proposed changes to the rules on the marketing of prospectus offerings.
Canada
6 Dec 2011
17
New British Columbia Disclosure Requirements For Private Placements Of Securities
New private placement trade reporting requirements came into effect in British Columbia on October 3, 2011.
Canada
10 Oct 2011
18
SEC Announces Timing For Elimination Of MJDS Form F-9
On July 27, 2011, the U.S. Securities and Exchange Commission (SEC) issued its final rule release (the Final Release) setting out the timing and other details for the elimination of Form F-9, which currently allows eligible Canadian issuers to register investment-grade debt and preferred securities for sale in the United States utilizing the U.S.-Canada Multi-jurisdictional Disclosure System (MJDS).
Canada
10 Aug 2011
19
Minister Of Finance Releases Proposed Rules Relating To Stapled Securities And Other SIFT Amendments
On July 20, 2011, the Minister of Finance announced proposed amendments to the Income Tax Act (Canada) (the ITA) relating to the taxation of SIFTs, REITs and publicly traded corporations (the Proposed Amendments).
Canada
25 Jul 2011
20
Supreme Court Of Canada Ruling In Fraud Case Provides Comfort To Lenders
In a contest between two innocent creditors over the proceeds of shares credited to an investment account which were traceable to fraudulently obtained funds, the Supreme Court of Canada held in favour of the Bank of Montreal ("BMO"), a secured creditor.
Canada
23 Jun 2011
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