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ARTICLE · 19 NOVEMBER 2015

Equity Crowdfunding Exemption Finalized

The registered online funding portals through which securities must be distributed under the 45-108 Crowdfunding Regime are subject to their own requirements.

CanadaCorporate/Commercial Law

The Ontario Securities Commission (OSC) and other participating jurisdictions have published Multilateral Instrument 45-108 Crowdfunding, which includes a prospectus exemption for equity crowdfunding and a registration framework for funding portals, in final form (the "45-108 Crowdfunding Regime"). Subject to ministerial approvals, the 45-108 Crowdfunding Regime will come into force in Ontario on January 25, 2016.

Initially proposed in March of 2014, the 45-108 Crowdfunding Regime is another measure aimed at facilitating access to capital for start-ups and small to medium-sized businesses. It has been introduced in connection with the OSC's exempt market review, which has also given rise to an offering memorandum exemption, a family, friends and business associates exemption and an existing security holder exemption (see our Updates dated April 1, 2014, Four New Private Placement Exemptions Proposed and November 3, 2015, Offering Memorandum Exemption Finalized

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