Whether you’re creating a new investment product, buying a competitor or strengthening regulatory compliance, you need the support of a legal team that knows the industry and provides sound options.
Industry competition, innovation and ever-changing regulations place constant pressures on managers and their service providers to keep pace. Many of our clients are vanguards of innovation, becoming the first investment managers to introduce new structures and features.
Together, we work with asset managers, dealers, IRCs, service providers and regulators to produce thorough - and often novel - legal solutions.
On the products side, Fasken was at the forefront of launching ETFs in Canada. We created templates now used by most ETF managers, and represented the ETF association in establishing the ETF Facts accepted by regulators. We also developed the unit traded fund product as a new closed-end fund. Today, we work with clients adopting fintech into their platform. Our clients are at the leading edge of alternative products such as private equity, private lending, mortgage, or infrastructure pools and insurance-based products.
With the help of our Mergers and Acquisition team, our Investment Management experts can cover all of our clients’ needs when it comes to acquiring competitors, establishing joint venture arrangements or auctioning themselves off to the highest bidder. We help our clients at all stage of the transaction: deal structure and process, due diligence, negotiations, regulatory approvals and post-closing integration. Our proximity with the regulators and self-regulatory organizations ensure a smooth process throughout the deal.
We help clients establish robust compliance procedures, and provide counsel when regulators review those procedures. We also represent managers and dealers when formal investigations or prosecutions begin. In the past, we advised securities regulators on the framework for fund governance, as well as in connection with registration reform, and are always poised for the next wave of regulatory changes.
International managers, dealers and institutional investors ask our advice when considering doing business in Canada.
Innovative investment structures need innovative lawyers who know the regulatory landscape.