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ARTICLE · 10 JANUARY 2012

CSA Propose Amendments To Prospectus "Pre-Marketing" And "Marketing"

On November 25, 2011, the Canadian Securities Administrators (CSA) published for comment proposed amendments to National Instrument 41 – 101 "General Prospectus Requirements" and other rules, which, if adopted, would increase the range of permissible "pre-marketing" and "marketing" activities in connection with prospectus offerings by issuers other than mutual funds.

CanadaFinance and Banking

On November 25, 2011, the Canadian Securities Administrators (CSA) published for comment proposed amendments to National Instrument 41 – 101 General Prospectus Requirements and other rules, which, if adopted, would increase the range of permissible "pre-marketing" and "marketing" activities in connection with prospectus offerings by issuers other than mutual funds.

HIGHLIGHTS

The proposed amendments would:

  • allow non-reporting issuers, through an investment dealer, to determine interest in a potential initial public offering (IPO) by communicating with permitted institutional investors;
  • allow the use of term sheets as a marketing tool;
  • prescribe new requirements governing road shows; and

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