The Filer, an investment fund manager, applied for exemptive relief from the conflict of interest investment restrictions in paragraph 13.5(2)(a) of National Instrument 31-103.
The relief was sought to permit a top fund managed by the Filer to invest in underlying funds or entities where a responsible person of the Filer is a partner, officer, or director, without obtaining prior written consent from each investor.
The Ontario Securities Commission granted the exemption, subject to conditions including that the investments are compatible with the top fund's objectives, no duplicative fees are charged, and independent third-party valuations are used for the underlying assets.