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Supreme Court of Canada decision reveals risk of characterization of cash collateral arrangements as creating security interests
- Stikeman Elliott LLP
- -
- Canada
- -
- September 24 2009
On June 19, 2009 the Supreme Court of Canada released its decision in Caisse populaire Desjardins de l'Est de Drummond v. Canada
Abitibi CBCA plan of arrangement order has implications for eligible financial contracts
- Stikeman Elliott LLP
- -
- Canada
- -
- June 29 2009
Earlier this year Abitibi-Consolidated Inc. (Abitibi) and various related entities proposed to enter into an arrangement with certain classes of its creditors relying on the plan of arrangement provisions in the Canada Business Corporations Act (CBCA
Amendments to CDIC Act alter eligible financial contract protections
- Stikeman Elliott LLP
- -
- Canada
- -
- June 29 2009
The Budget Implementation Act, 2009 (Canada) S.C. 2009, c.2, passed on March 12, 2009, introduced amendments to the financial institution restructuring provisions of the Canada Deposit Insurance Corporation Act (CDIC Act) that will modify the stay exemption for close-out netting and collateral enforcement rights under eligible financial contracts (EFCs) with CDIC member institutions
Saskatchewan securities division releases registration and prospectus exemption for qualified persons entering into OTC derivatives
- Stikeman Elliott LLP
- -
- Canada
- -
- December 14 2009
The Saskatchewan Securities Act, 1988 (the Saskatchewan Act) includes within its definition of "security" a futures contract or option that is not an exchange contract
Canada introduces amendments to CDIC Act to clarify provisions on assignments of eligible financial contracts to bridge institutions
- Stikeman Elliott LLP
- -
- Canada
- -
- April 1 2010
In March 2009, Canada's federal Parliament passed amendments to the financial institution restructuring provisions of the Canada Deposit Insurance Corporation Act ("CDIC Act") to allow CDIC as receiver of a federal member institution to assign assets and liabilities of the institution to a solvent bridge institution
Proposed federal Securities Act outlines framework for regulation of derivatives
- Stikeman Elliott LLP
- -
- Canada
- -
- May 27 2010
The proposed federal Securities Act tabled by the federal government on May 26 establishes a framework for the regulation of exchange-traded and over-the-counter derivatives markets and their participants
CDIC Act amendments pass second reading
- Stikeman Elliott LLP
- -
- Canada
- -
- June 3 2010
As discussed back in April, federal Bill C-9, the Jobs and Economic Growth Act, which in part amends the Canada Deposit Insurance Corporation Act (CDIC Act) to clarify an exemption to the EFC safe-harbour, received First Reading in the House of Commons on March 29, 2010
It's complicated - capacity, contracts and conflict of laws
- Stikeman Elliott LLP
- -
- Canada, United Kingdom
- -
- June 11 2010
Many complicated conflicts of laws issues arise in a structured finance practice, which is, of course, one of the things that makes this practice area so much fun
Cash collateral under the PPSA - need for reform
- Stikeman Elliott LLP
- -
- Canada
- -
- June 2 2010
ISDA has written to the governments of Alberta and Ontario to recommend amendments to the provincial PPSAs dealing with cash collateral
ISDA Committee endorses practices with respect to cash credit support for collateral providers located in Canada
- Stikeman Elliott LLP
- -
- Canada
- -
- June 1 2010
ISDA has recently (May 4, 2010) published a set of guidelines endorsed by its Canadian Legal and Regulatory Affairs Committee for the treatment of credit support in the form of cash under the Credit Support Annex governed by New York law
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- Author - Margaret Grottenthaler
