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The United Kingdom Financial Conduct Authority Publishes Policy Statement And Final Rules For Loan-Based (‘Peer-To-Peer') And Investment-Based Crowdfunding Platforms
On June 4, 2019, the United Kingdom Financial Conduct Authority (the "FCA") published its policy statement PS19/14 (the "Policy Statement") following responses to its July 2018 consultation paper CP18/20
UK
27 Aug 2019
2
Key Takeaways For Market Participants From The 2017-2018 Annual Report From The Ontario Securities Commission's Corporate Finance Branch
Each year the Corporate Finance Branch of the OSC releases a report providing an overview of the operational and policy work completed during the year, future policy initiatives and how the OSC interprets and applies its rules in certain areas.
Canada
31 Oct 2018
3
OSFI Releases Proposed Updates To Guideline B-20: Residential Mortgage Underwriting Practices And Procedures
Guideline B-20 sets out OSFI's expectations with respect to FRFIs' stress testing of debt serviceability by residential mortgage loan borrowers
Canada
19 Jul 2017
4
Advancing Mortgage Funds In The Face Of A Lien In Alberta – Don't Do It
Consider the following example: An owner of some lands takes out a mortgage to finance the construction of a building.
Canada
14 Nov 2016
5
Department Of Finance Canada Launches Consultation Process To Review Proposed Lender Risk Sharing Policy For Government-Backed Insured Mortgages
The Government has justified this proposal as a way of encouraging all parties involved in insured mortgage loans to appropriately assess and price risk in the housing market.
Canada
2 Nov 2016
6
News From Quebec On Joint Experts: Superior Court Says No To An Application For The Appointment Of A Single Expert Regarding The Assessment Of Damages Subject To Collective Recovery In A Class Action
In Masella v. Toronto-Dominion Bank Financial Group, 2016 QCCS 4450, the Quebec Superior Court ruled on an application by the class' representative plaintiff to appoint a joint expert to assess the total amount...
Canada
4 Oct 2016
7
Supreme Court Of Canada Decides That Substance Trumps Form In The Application Of The Section 8 Interest Act Prohibition On Higher Default Interest To An Incentive Rate Mortgage
In Krayzel Corp. v. Equitable Trust Co., 2016 SCC 18, the Supreme Court of Canada held that an interest rate increase that was structured as a lower rate in the absence of default infringed Section 8 of the Interest Act.
Canada
24 Jun 2016
8
It's Substance Over Style: The SCC Clarifies Permissible Structuring Of Interest Provisions Under S. 8 Of The Interest Act In Krayzel Corp V Equitable Trust Co.
On May 6, 2016, the Supreme Court of Canada released its much anticipated decision Krayzel Corp v Equitable Trust Co., appealed from the Alberta Court of Appeal.
Canada
20 Jun 2016
9
Good-Bye Nominee Share Sales In Quebec
In its March 17 budget the Quebec government brought in a series of measures reforming legislation governing transfer duties.
Canada
10 Apr 2016
10
Picturing The Lender As Landlord – Key Issues For A Lender To Consider In A Lease Review
There is no one-size-fits-all approach to the scope and level of scrutiny a mortgage lender brings to a lease review.
Canada
9 Sep 2015
11
Legal Update Regarding Mortgage Insurance
Canada's regulatory and supervisory framework of its residential mortgage market has undergone significant change in the aftermath of the financial crisis.
Canada
23 Jun 2015
12
Three Innocent Lenders And A Fraudster: A Priorities Dispute
The recent decision of CIBC Mortgages Inc. (c.o.b. Firstline Mortgages) v. Computershare Trust Co. of Canada, [2015] ONSC 543 provides a fact scenario that sounds like it was dreamt up by a law school professor...
Canada
26 May 2015
13
Bank Of Canada Announces Updates To Emergency Lending Policies
The Bank of Canada issued on May 5, 2015 "Bank of Canada Emergency Lending Policies", a consultation paper setting forth proposed updates to the Bank's emergency lending policies.
Canada
11 May 2015
14
Lenders And Execution Creditors Take Note! The Importance Of Searching For Writs Of Execution On Loan Advances & Providing Actual Notice Of Same
Lenders advancing funds in stages or draws to a mortgagor should pay particular attention to searching for execution judgments against the mortgagor prior to advancing such funds.
Canada
28 Apr 2015
15
Proposed Changes To Quebec Secured Transactions Regime Incorporate UCC Concepts
On November 26, Quebec's Finance Minister tabled a bill intended to amend the provisions of the Civil Code of Quebec concerning hypothecs (security interests).
Canada
12 Dec 2014
16
The Crucial Distinction Between Carrots And Sticks: Incentives And Penalties In The Interpretation Of The Interest Act
Do incentives for prompt payment in a mortgage run afoul of the prohibition against penalties for non-performance contained in s.8 of the Interest Act?
Canada
4 Sep 2014
17
Is The Person Who Ultimately Pays A Guarantor Entitled To The Securities Held By The Guarantor?
Bonds and other forms of guarantees and indemnities are commonly used on construction projects.
UK
13 Nov 2012
18
OSFI Guideline B-20: Residential Mortgage Underwriting Practices And Procedures
Guideline B-20: Residential Mortgage Underwriting Practices and Procedures (the Guideline) sets out the expectations of the Office of the Superintendent of Financial Institutions Canada (OSFI) for prudent residential mortgage underwriting, and is applicable to all federally-regulated financial institutions (FRFIs) that are engaged in residential mortgage underwriting and/or the acquisition of residential mortgage loan assets in Canada.
Canada
31 Jul 2012
19
Canadian Securities Regulatory Requirements Applicable To Non-Resident Broker-Dealers, Advisers And Investment Fund Managers
The purpose of this paper is to provide a non-resident of Canada with an overview of the dealer registration, adviser registration, investment fund manager registration and prospectus requirements that should be considered and addressed by the non-resident before it begins to trade securities.
Canada
20 Apr 2012
20
Materiality In Securities Legislation: Four Points From The Supreme Court Of Canada
One of the issues in securities law generally is what constitutes "materiality". In a later post we will discuss "material adverse change" clauses in M&A agreements, but this post is about the fundamental question of what is "material".
Canada
9 Feb 2012
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