Fasken Martineau's Investment Products & Wealth Management Group, comprised of lawyers with expertise in corporate/securities, tax and trust law, is known as one of the leading investment products and wealth management legal practices in Canada. The achievements and expertise of partners in our group are consistently recognized in notable and prestigious publications. We act for public mutual funds, private investment funds, exchange traded funds, labour-sponsored venture capital funds, commodity pools, special purpose investment vehicles, and mutual fund managers, investment advisers and dealers. In particular, we act for leading Canadian fund sponsors in the three major investment fund areas, namely open-end mutual funds, closed-end investment funds and exchange-traded funds. In our broad practice we deal with a range of investment management issues impacting issuers, managers, distributors, financial institutions and service providers on a regular basis, including:
- establishing new mutual funds, both public and private, and other types of investment fund vehicles (including pooled funds, segregated funds, REITs, commodity pools, exchange-traded funds and royalty and income trusts)
- renewing annual information forms and prospectuses
- dealing with Canadian securities regulators on numerous matters, including in respect of investigations, hearings and compliance matters
- assisting on establishing, acquiring and selling fund managers
- assisting on the offering of securities of fund managers
- assisting on the integration of fund groups, including fund mergers and conversions
- organizing and conducting meetings of fund securityholders
- applying for and obtaining the registration of clients under applicable securities laws as dealers and advisers
- advising on issues relating to sales communications and sales practices
- advising on the use of derivatives and forward contracts
- assisting investment funds and counterparties with respect to securities lending activities
- advising on fiduciary, conflict of interest and fund governance issues
- advising on tax issues and dealing with taxation authorities
The expertise of our Investment Products and Wealth Management Group has been recognized through retainers from the Canadian Securities Administrators (CSA). Stephen Erlichman was retained by and released a report on mutual fund governance to the CSA entitled "Making it Mutual: Aligning the Interests of Investors and Managers – Recommendations for a Mutual Fund Governance Regime for Canada". In addition, Pierre-Yves Châtillon has been retained by the Commission des valeurs mobilières du Québec (now the Autorité des marchés financiers) to assist the CSA in drafting a new regulatory regime for funds of funds.
Read our letter (PDF) to the Canadian securities regulators commenting on CSA Staff Notice 81-322: Status Report on the Implementation of the Modernization of Investment Fund Product Regulation Project and Requests for Comment on Phase 2 Proposals.