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ARTICLE · 11 JUNE 2013

Final Amendments To The Public Offering Marketing Rules

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On Thursday, May 30, 2013, the Canadian Securities Administrators published final amendments to the prospectus pre-marketing and marketing regimes in Canada for issuers other than mutual funds.

CanadaCorporate/Commercial Law

On Thursday, May 30, 2013, the Canadian Securities Administrators published final amendments (“the Amendments”) to the prospectus pre-marketing and marketing regimes in Canada for issuers other than mutual funds. Provided necessary ministerial approvals are obtained, the Amendments will come into force on August 13, 2013.

The purpose of the Amendments is to clarify and increase the range of permissible pre-marketing and marketing activities in connection with prospectus offerings. The Amendments accomplish this by: 

  • easing pre-IPO marketing restrictions in limited circumstances by allowing  investment dealers to determine interest in certain initial public offerings before filing a prospectus (referred to as “testing of the waters”),

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