The applicants, who are dealers participating in offerings of foreign securities into Canada on a private placement basis to permitted clients, applied for exemptive relief from certain disclosure requirements.
Specifically, they sought relief from the requirement in National Instrument 33-105 to provide disclosure on conflicts of interest between dealers and issuers, provided that disclosure required for U.S. registered offerings is provided instead.
They also sought relief from the requirement to provide disclosure of a connected issuer relationship where the issuer is a foreign government, and from the requirement in OSC Rule 45-501 to include disclosure of the statutory right of action for damages and rescission.
The principal regulator and coordinated review decision makers granted the requested exemptions, subject to certain conditions including the delivery of a specific notice to prospective purchasers.