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New Trends in OSC Enforcement

On October 8, 2020 Barbara Hendrickson gave a Zoom presentation to the Toronto Business Lawyers Association on recent enforcement initiatives by the Ontario Securities Commission against participants in the securities markets. The presentation discusses recent changes in securities laws and enforcement actions by the OSC…

45-106 – CSA Notice and Request for Comment: Proposed Amendments to NI 45-106 and 45-106CP Relating to the Offering Memorandum Prospectus Exemption

The Canadian Securities Administrators (CSA) published a notice on September 17, 2020 for comment proposed changes to the offering memorandum prospectus exemption. The changes are reflected in proposed amendments to National Instrument 45-106 Prospectus Exemptions (NI 45-106), as well as proposed changes to Companion Policy 45-106CP Prospectus Exemptions (proposed…

CSA Notice of Amendments to NI 81-105 Prohibition of Mutual Fund Trailing Commissions Where No Suitability Determination Was Required

On September 17, 2020 the Canadian Securities Administrators (CSA) published a notice (Notice) that the CSA are adopting amendments (Amendments) to National Instrument 81-105 Mutual Fund Sales Practices (NI 81-105), changes to Companion Policy 81-105CP Mutual Fund Sales Practices (81-105CP) and related consequential amendments to…

Canadian Securities Administrators Postpone Issuing Annual Report of Women on Boards and in Executive Positions

The securities regulators of Alberta, Manitoba, New Brunswick, Nova Scotia, Ontario, Quebec, and Saskatchewan (the participating jurisdictions) have jointly announced they are postponing the publication CSA Multilateral Staff Notice 58-311 Report on Fifth Staff Review of Disclosure regarding Women on Boards and in Executive Officer…

SEC Modernizes the Accredited Investor Definition

The U.S. Securities and Exchange Commission (SEC) announced on August 26, 2020 that it was adopting amendments to the “accredited investor” definition, one of the principal tests for determining who is eligible to participate in private capital markets.  The amendments allow investors to qualify as…

CSA Notice of Amendments to National Instrument 51-102 Continuous Disclosure Obligations and Changes to Certain Policies Related to the Business Acquisition Report Requirements

The Canadian Securities Administrators (CSA) on August 20, 2020 announced amendments and changes to National Instrument 51-102 Continuous Disclosure Obligations (NI 51-102) (Amendments).  The Amendments which are expect to be effective on November 18, 2020 are being made to the business acquisition report requirements.  A…

Barbara Hendrickson to serve on OBA Council for 2020-2021 term

BAX Securities Law is pleased to announce that Barbara Hendrickson has been appointed to serve on the Ontario Bar Association’s Council for the 2020-2021 year. The role of Council is to communicate with their constituents and share information about the OBA’s activities and initiatives. Throughout their…