Derivatives

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Osler’s Derivatives Advisory Group

Osler’s Derivatives Advisory Group has acted on some of the most complicated and creative derivatives trades in the industry. Our team is widely recognized as the top derivatives lawyers in Canada and is counsel of choice to Canadian and foreign financial institutions, international banks, the “Maple 8” pension plans, dealers, asset managers and regulatory agencies for derivatives transactions, balance sheet and other hedging arrangements.

We understand the business of derivatives. Our firm is sought out for our commercially-minded approach and creativity in solving our clients’ most complex structural, regulatory, tax and risk management issues. Our lawyers are known in the marketplace among all industry participants and advise both Canadian and international “buy side” and “sell side” clients on the negotiation and structuring of derivatives trades.

On the regulatory front, Osler’s Derivatives Advisory Group has strong working relationships with senior personnel at the key financial regulators in Canada, as well as with numerous regulators and officials internationally. In addition, we have extensive experience representing clients in tax disputes involving derivatives throughout the audit process, and on appeal to all levels of court.

Osler is Canadian counsel to the International Swaps and Derivatives Association, Inc. (ISDA), the International Capital Markets Association (ICMA), the International Securities Lending Association (ISLA) and the Futures Industry Association (FIA). We are the only Canadian law firm offering a comprehensive, multi-disciplinary approach to structuring and negotiating derivative transactions.

Our team has advised multiple Canadian investment management entities and pension plans in the establishment and negotiation of derivatives, structured products, repurchase and securities lending programs. This has included a review of a fund’s portfolio of existing agreements, and a renegotiation of those agreements to account for updated national and international regulatory requirements and preferred terms. Osler lawyers have facilitated the growth of a fund’s derivatives trading platform by developing preferred forms of derivatives, repurchase, and securities lending agreements, which have become the basis for successful negotiation of agreements with new counterparties.

Featured work

  • Counsel of choice to Canadian and foreign financial institutions, pension funds, dealers, asset managers, end users and regulatory agencies for derivatives transactions, balance sheet and other hedging arrangements.
  • Regularly advise Canadian and international buy-side and sell-side clients on derivative transactions and advise Canadian and international dealers and buy-side clients on the regulatory compliance and reporting requirements of Canada’s derivatives market.
  • Canadian counsel to the International Swaps and Derivatives Association (ISDA), the International Capital Market Association (ICMA), the International Securities Lending Association (ISLA), and the Futures Industry Association (FIA). Appointed by the Bank of Canada as Chair of the Legal and Compliance Committee as part of the Canadian Alternative Reference Rate (CARR) working group established to shift Canada to the new Term Canadian Overnight Rep Rate Average (CORRA). Led the drafting of the recommended fallback language that will be implemented by every major financial institution and lender in the Canadian market.
  • Acted for TMX in the development and implementation of a Canadian collateral management system which reduces operational risk while optimizing and automating domestic triparty repurchase agreement services throughout a transaction’s lifecycle.

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