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Fund Formation


Fasken’s dedicated Fund Formation team is composed of experienced lawyers in the structuring, establishment and distribution of private funds for fund sponsors and also advises investors in connection with their investments in such funds.
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Overview

Our Fund Formation team has extensive experience with diverse structures and deep knowledge of a wide range of investment products. Our sophisticated team of experts is ideally positioned to advise on all aspects of private fund management, including tax structuring, distribution, regulatory advice, market intelligence, governance and risk management.

Our broad client base and impressive deal flow ensure we have in-depth insight into market standards and developments across the industry and strongly establish our market leadership in fund formation. By virtue of our experience acting as counsel to many of the leading Canadian and international managers in connection with the formation of their funds, we are uniquely positioned to anticipate, understand, and address the issues and challenges faced by our clients and we are regularly called upon to provide customized solutions tailored to their business requirements.

Our practice is best known for the following:

  • Structuring innovative and complex investment fund structures. Our experience extends to all entities forming part of fund structures, including carried interest limited partnerships, feeder funds, employee vehicles, parallel funds, separately managed accounts and all other ancillary entities;
  • A variety of long-standing clients including managers of open-end and closed-end funds of all alternative asset classes (e.g. private equity, venture capital, real estate, infrastructure, agriculture, private debt and many others). As industry leaders, our clients often challenge the status quo and develop new fund products and features;
  • The size of our practice group and depth and quality of our practitioners dedicated to fund formation matters. We are known for having a particularly strong fund formation team composed of over 8 dedicated members of ranging experience ensuring effective and cost-efficient allocation of work and our team’s capacity to service our clients’ needs. Our team also comprises leading experts in specialized fields who support the fund formation practice including, tax and regulatory practices;
  • Regularly advising institutional investors in connection with their investments in funds; and
  • Advising sponsors on their ongoing operational issues, secondary transactions and restructuring mandates.

Team

Primary Contacts
  • Jonathan Halwagi, Partner | Fund Formation, Montréal, QC, +1 514 397 5226, [email protected]
  • Anabel Quessy, Partner | Corporate/Commercial, Montréal, QC, +1 514 397 5156, [email protected]
  • Marcelo Ciecha, Partner | Corporate/Commercial, Montréal, QC, +1 514 397 7444, [email protected]
  • Bianca Arrelle-Petit, Associate | Fund Formation, Montréal, QC, +1 514 397 4311, [email protected]
  • Léa Pascale Fauteux Filiatrault, Associate | Corporate/Commercial, Montréal, QC, +1 514 397 7476, [email protected]
Jonathan Halwagi, Partner | Fund Formation Jonathan Halwagi Partner | Fund Formation Montréal, QC +1 514 397 5226
Annabel Quessy Anabel Quessy Partner | Corporate/Commercial Montréal, QC +1 514 397 5156
Marcelo Ciecha Avocat/Associate Montréal Marcelo Ciecha Partner | Corporate/Commercial Montréal, QC +1 514 397 7444
Bianca Arrelle-Petit Bianca Arrelle-Petit Associate | Fund Formation Montréal, QC +1 514 397 4311
Léa Pascale Filiatrault Léa Pascale Fauteux Filiatrault Associate | Corporate/Commercial Montréal, QC +1 514 397 7476

Experience

  • Letko Brosseau & Associates Inc. launches eight mutual funds by way of prospectus, providing Canadian investors with a range of investment strategies, [Deal - Letko Brosseau & Associates Inc.], Launch of a prospectus offering for eight existing mutual funds.
  • Nymbus Capital Inc. launches three mutual funds by way of prospectus, offering Canadian investors fixed income, enhanced sustainable bond, and multi-strategy investment strategies, [Deal - Nymbus Capital Inc.], Launch of a prospectus offering for three mutual funds pursuant to National Instruments 81-101 and 81-102.
  • MRF 2026 Resource Limited Partnership completes C$38.2 million initial public offering, [Deal - Middlefield Limited], Canadian investment partnership completes C$38.2 million initial public offering focused on the resource sector.
  • Middlefield launches ETF Series for Income Plus and ActivEnergy dividend classes, [Deal - Middlefield Limited], Middlefield launches ETF Series.
  • Middlefield Short Duration Bond Plus ETF completes initial public offering, [Deal - Middlefield Limited], Middlefield Short Duration Bond Plus ETF completes IPO.
  • Discovery 2025 Short Duration LP IPO raises maximum $25 million, [Deal - RBC Dominion Securities Inc.], Syndicate of agents completed the final closing of a C$25 million initial public offering.
  • Investissement Québec launches Fonds Impulsion, [Deal - Investissement Québec], Creation of Fonds Impulsion.
  • Discovery 2024 Short Duration LP initial public offering raises C$22.2 million, [Deal - RBC Dominion Securities Inc.], Initial public offering featuring an actively managed, diversified portfolio, primarily consisting of equity securities of Canadian gold mining companies.
  • Top Down Ventures Ltd. announces first close of US$25 million Top Down Founders Fund I, [Deal - Top Down Ventures Ltd.], Top Down Ventures Ltd. establishes its first venture capital fund.

Knowledge

  • CSA’s Chargeback Ban Proposal: A Quick Reminder Before Comments Close, 8/28/2025
  • The Chambers 2025 Guide to Investment Funds in Canada, 8/13/2025
  • New Derivatives Business Conduct Standards for Non-Canadian Firms, 2/11/2025
  • New Derivative Business Conduct Standards for Canadian Portfolio Managers, 2/6/2025
  • IPOs and Going Public in Canada, 11/21/2023
  • Fiduciary Duties and Private Equity LPAs: What Have Courts Said?, 5/4/2023
  • Derivative Actions in Private Equity? Recent Caselaw from BC and Ontario, 3/14/2023
  • Fiduciary Duties in Private Equity: What Sponsors and LPs Should Know, 2/23/2023

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