Investment Funds and Asset Management: Overview

Osler’s Investment Funds and Asset Management Group is a multi-disciplinary group of lawyers practising in the corporate, securities, tax and litigation fields. We work as a team to provide domestic and foreign clients of all sizes with the legal advice they need to meet their business objectives and satisfy their regulatory obligations.

We have experience and expertise in all aspects of investment fund and asset management activities including:

Fund and product creation and offerings

Structuring and creating investment funds and structured products of all types, including funds and products with the following structures and investment strategies:

  • funds structured as single and multi-series trusts, partnerships or corporations
  • index-tracking and actively-managed exchange-traded funds
  • currency-hedged funds
  • commodity pools
  • Fund of funds
  • funds with alternative investment strategies
  • hedge funds
  • closed-end funds that automatically convert to exchange-traded or open-end funds
  • Acting for managers and broker/dealers prospectus offerings and private placements of domestic and foreign investment funds

Ongoing operations and transactions

  • Advising managers, distributors and independent review committees on fund governance and conflict of interest matters.
  • Negotiating investment management, sub-advisory and custodial agreements.
  • Advising on ISDA documentation, securities lending, repurchase and reverse repurchase arrangements.
  • Structuring and implementing restructurings of fund vehicles including fund mergers, extensions and wind-ups.
  • Advising on acquisitions and divestitures within the investment funds industry.

Compliance, investigations and litigation

  • Advising Canadian, U.S and other international advisers, dealers and managers on registration and compliance matters, including all aspects of National Instrument 31-103 - Registration Requirements and Exemptions, Canada's recently-enacted national registration rule.
  • Advising managers, advisers and dealers on investigations and audits by securities regulatory authorities.
  • Advising and representing clients in class actions and ordinary civil actions (potential or actual).

Québec specific issues

  • Advising managers, dealers and advisors on to Québec legal and regulatory issues, including issues arising under the Derivatives Act (Québec).
  • Translating offering documents.

Assistance to the industry and regulators

Advising regulatory, self-regulatory and industry bodies, including serving on the following committees and sub-committees:

  • OSC Advisory Committee on Investment Funds.
  • OSC Working Committee on Regulatory Structure.
  • Investment Counsel Association of Canada - Industry Regulation & Taxation Committee
  • Investment Funds Institute of Canada Legal and Compliance Issues Committee.