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ARTICLE · 27 SEPTEMBER 2018

CSA Amendments To Simplify Reports Of Exempt Distribution - Bulletin

On July 19, 2018, the Canadian Securities Administrators ("CSA") published final amendments ("Amendments") to National Instrument 45-106 – Prospectus Exemptions ("NI 45-106") and its related Companion Policy that will amend the exempt distribution report set out on Form 45-106F1 - Report of Exempt Distribution (the "New Report").

CanadaCorporate/Commercial Law

On July 19, 2018, the Canadian Securities Administrators ("CSA") published final amendments ("Amendments") to National Instrument 45-106 – Prospectus Exemptions ("NI 45-106") and its related Companion Policy that will amend the exempt distribution report set out on Form 45-106F1 - Report of Exempt Distribution (the "New Report"). Should all ministerial approvals be obtained, the New Report will come into force on October 5, 2018.

Background

In the summer and spring of 2016 certain foreign dealers and Canadian institutional investors conducting private placement offerings in Canada made the CSA aware of their concerns with the unintended effects of the certification and information requirements in the existing exempt distribution report (the "Current Report"). The Canadian institutional investors noted that they had been excluded from participating in foreign offerings into Canada in part due to dealers' concerns about the certification of the Current

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