The applicant, an investment fund manager, applied to the Ontario Securities Commission for exemptive relief from the investment restrictions in the securities legislation.
The restrictions prohibit an investment fund from knowingly making an investment in a person or company in which the investment fund is a substantial security holder, or in an issuer in which an officer, director, or substantial security holder has a significant interest.
The relief was sought to permit the top funds to invest in the underlying funds, which are managed by the same manager, in a fund-on-fund structure.
The Commission granted the requested relief, subject to conditions including that the top funds' securities are distributed solely pursuant to prospectus exemptions and that no duplicative fees are payable.