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5 November 2024

Disgorged Funds As Part Of An Investor's Toolkit

BL
Borden Ladner Gervais LLP

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BLG is a leading, national, full-service Canadian law firm focusing on business law, commercial litigation, and intellectual property solutions for our clients. BLG is one of the country’s largest law firms with more than 750 lawyers, intellectual property agents and other professionals in five cities across Canada.
For a second time, CIRO recently released for comment its proposal regarding Distributing Funds Disgorged and Collected through CIRO Disciplinary Proceedings to Harmed Investors (Phase II) (Proposal).
Canada Finance and Banking

For a second time, CIRO recently released for comment its proposal regarding Distributing Funds Disgorged and Collected through CIRO Disciplinary Proceedings to Harmed Investors (Phase II) (Proposal).

Responses to comments made on the original February 2023 proposal are included in an appendix. The object of the Proposal is to provide for the distribution of disgorged funds collected through CIRO's enforcement processes to harmed investors. Since the original proposal was drafted prior to several developments including to CIRO rules, it has been republished for comment unamended.

Certain aspects of the Proposal have been clarified, such as the fact that the eligible investor class will be open to all investors harmed by the misconduct (and not just those who participated in the enforcement proceedings). The comment period is open until January 20, 2025.

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