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ARTICLE · 11 MAY 2020

Another Nail In PlexCoin's Crypto-coffer: TMF Decision Affirmed On Appeal

As discussed in our previous post, the Financial Markets Administrative Tribunal had provided clarity in the application of the "investment contract" criteria, first enunciated in Pacific Coast Coin Exchange v. OSC ...

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As discussed in our previous post, the Financial Markets Administrative Tribunal (TMF) had provided clarity in the application of the "investment contract" criteria, first enunciated in Pacific Coast Coin Exchange v. Ontario Securities Commission and codified under article 1 of the Quebec Securities Act, CQLR c V-1.1 (QSA), by finding that PlexCorps' project was an investment contract.

On appeal, the Court of Quebec affirmed in Lacroix c. Autorité des marchés financiers, 2020 QCCQ 1467, the TMF's decision that PlexCorps' project was an investment contract.

Facts

PlexCorps offered a cryptocurrency called PlexCoin along with financial services such as the PlexCard, PlexWallet and PlexBank. PlexCorps was run by Dominic Lacroix and, his spouse, Sabrina Paradis-Royer (the Appellants).

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