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ARTICLE · 09 APRIL 2014

Canadian Private Equity Funds: A Review

Gowling WLG
Gowling WLG
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What legal form of vehicle is typically used for private equity funds formed in your jurisdiction?

CanadaCorporate/Commercial Law
Bryce Kraeker
Bryce Kraeker
Myron Dzulynsky
Myron Dzulynsky
Alan James
Alan James
Timothy Wach
Timothy Wach
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What legal form of vehicle is typically used for private equity funds formed in your jurisdiction? Does such a vehicle have a separate legal personality or existence under the law of your jurisdiction? In either case, what are the legal consequences for investors and the manager?

The most common vehicle for a private equity fund in Canada is a limited partnership. For the purposes of this article, it is assumed that, in all cases, the form of vehicle is a limited partnership. Limited partnerships are formed under provincial laws. The specific characteristics of a limited partnership (including matters such as creation formalities and disclosure of limited partner's names) is dependent, in part, on the applicable laws of the province of formation. A limited partnership generally does not have status as a separate legal entity in Canada.

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