Exemptive relief granted to a converting exchange-traded fund regarding registration, prospectus, and take-over bid requirements.
The applicant, on behalf of a closed-end investment trust that will convert into an exchange-traded fund, applied for exemptive relief from certain requirements under the Securities Act and National Instruments.
Specifically, the applicant sought relief from dealer registration requirements for disseminating sales communications, the requirement for an underwriter's certificate in the prospectus, and take-over bid requirements for normal course purchases of units on the TSX.
The Ontario Securities Commission granted the requested exemptions, subject to compliance with Part 15 of NI 81-102 and provided the fund remains an ETF.