Borden Ladner Gervais LLP
With over 50 years’ experience, the Investment Management Group at BLG understands the business, regulatory and administrative issues that affect Canadian and international participants in the Canadian investment management industry. The breadth and depth of BLG’s Investment Management Group ensures that our clients get multi-dimensional legal services provided in a disciplined, cost-effective manner.
Our clients, both Canadian and international, include open and closed end investment fund complexes, providers of alternative investment, pooled, hedge and private equity/venture/real estate products, providers of segregated funds and other insurance products, Investment fund managers, portfolio managers and dealers, financial institutions, service providers, securities regulators, self-regulatory organizations and industry trade associations.
BLG’s Securities Registrant Regulation and Compliance team is the largest practice group of its kind in Canada and is dedicated to understanding and resolving the regulatory and other legal issues that may arise in your business. We can provide you with information and advice you need to fully understand the laws and regulations that affect the registrant community.
Our Securities Registrant Regulation and Compliance team provides a full range of legal services to registrants including:
- Assisting firms and their officers, employees and agents to attain and maintain registered status with Canadian securities regulators and, as applicable, as members of SROs
- Assisting firms and their officers, employees and agents to understand the various registration and reporting regimes associated with futures and options trading and management, as well as other derivative instruments
- Developing, designing, reviewing and assessing, compliance procedures and practises relating to regulatory and internal policy requirements, including those relating to derivative usage
- Building or strengthening compliance capability; conducting mock audits and investigations; identifying operational problems and devising appropriate, cost-effective solutions; and responding to regulatory developments
- Assisting registrants which are the subject of a regulatory compliance audit, including training executives and staff in appropriate responses to regulatory interviews
- Assisting with a diverse range of compliance and regulatory matters, such as conflicts of interest and their management, risk management, internal controls, anti-money laundering and anti-terrorist financing, portfolio security valuation, liquidity management, error correction, best execution, trade-matching and soft dollar usage
- Assisting registrants wishing to use new technologies in offering their services, whether this be trading, discount trading or digital advice platforms
- Working with registrants in understanding the rewards and challenges associated with the rise of cryptocurrencies and the implications of blockchain technology
- Obtaining required regulatory relief from regulatory restrictions where necessary to allow you to operate your business
- Reviewing and drafting client documentation, such as investment management agreements, relationship disclosure, risk and conflicts of interest disclosure, new account opening forms, account agreements and account statements
- Reviewing and providing assistance and advice on marketing materials, including brochures, presentations and sales communications
- Reviewing and drafting offering documents and subscription agreements relating to investment funds and other product offerings in Canada, whether offered on an exempt basis under an offering memorandum or under a prospectus
- Assisting with issues relating to becoming a member of Fundserv Inc.
We assist our registrant clients — both Canadian and international – with initial start-up, establishment of compliance and operational systems through to services and product offerings. We provide advice on structuring investment funds and offerings of investment funds, including hedge, private equity/venture and alternative funds, pursuant to private placements and public offerings to comply with Canadian securities laws.
In providing services to our registrant clients, we work closely with our lawyers in other specialized areas, including securities litigation, banking, pensions, insurance and tax to provide a full service. We have excellent working relationships with the Canadian securities regulators and other government officials. We regularly and proactively provide regulatory updates and thought leadership to our clients and continuing legal education to the investment management and registrant community.
Key Regional Contacts
Phone: (514) 954 – 2501
Phone: (604) 640 – 4102