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ARTICLE · 07 MARCH 2019

Failure To Launch – OSC Director Determines That Bitcoin Fund Is Not Ready For The Retail Spotlight

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3iQ Corp. filed a preliminary non-offering long-form prospectus to qualify the Fund as a reporting issuer on October 30, 2018.

CanadaTechnology

On February 15, 2019, the Director of the Investment Funds & Structured Products Branch (the "Director") of the Ontario Securities Commission (the "OSC") refused to issue a receipt for a non-offering prospectus of a non-redeemable investment fund (the "Fund") that would invest substantially all of its assets in Bitcoin (the "Decision").

Background

3iQ Corp. (the "Manager") filed a preliminary non-offering long-form prospectus to qualify the Fund as a reporting issuer on October 30, 2018. The Fund's investment objectives were to provide its investors with: (i) exposure to Bitcoin and the daily price movements of the U.S. dollar price of Bitcoin; and (ii) the opportunity for long-term capital appreciation. To achieve its investment objectives, the Fund would invest in Bitcoin "directly" – i.e. not through any specified derivatives.

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The foregoing provides only an overview and does not constitute legal advice. Readers are cautioned against making any decisions based on this material alone. Rather, specific legal advice should be obtained.

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