The applicant, MacNicol & Associates Asset Management Inc., applied for exemptive relief from the mutual fund self-dealing restrictions in the Securities Act and the conflicts of interest provisions in National Instrument 31-103.
The relief was sought to allow top funds managed by the applicant to invest in underlying pooled funds, including limited partnerships, also managed by the applicant.
The Ontario Securities Commission granted the requested relief, subject to several conditions including that securities of the top funds are distributed solely pursuant to prospectus exemptions, no duplicative fees are charged, and specific written disclosures are provided to investors.