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ARTICLE · 27 NOVEMBER 2018

New Streamlined Report Of Exempt Distribution: January 30, 2019 Deadline For Funds

Borden Ladner Gervais LLP
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On October 5, 2018, amendments to National Instrument 45-106 Prospectus Exemptions (NI 45-106) and its Companion Policy (the Amendments) came into force

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On October 5, 2018, amendments to National Instrument 45-106 Prospectus Exemptions (NI 45-106) and its Companion Policy (the Amendments) came into force. The Amendments are intended to streamline Form 45-106F1, the Report of Exempt Distribution, which must be filed following a distribution of securities in reliance on certain prospectus exemptions set out in NI 45-106 and section 73.3 of the Securities Act (Ontario). The new Form 45-106F1 must be used on and after October 5, 2018 by all issuers, whether investment funds or otherwise.

The Amendments include the following changes, among others:

  • Certification: If authorized to do so, an agent may now certify Form 45-106F1 on behalf of an investment fund.

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