Best Structured Finance Lawyers in Canada

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TSN Law
Nipawin, Canada

Founded in 1973
English
TSN Law, established in 1973, is a reputable law firm located in Nipawin, Saskatchewan, serving the northeast region. The firm offers a comprehensive range of legal services, including real estate transactions, family law matters, estate planning and administration, corporate and commercial law,...
Wishart Law Firm
Sault Ste. Marie, Canada

English
Wishart Law Firm LLP, with over 120 years of service, stands as Northern Ontario's premier legal institution. Based in Sault Ste. Marie, Ontario, the firm offers a comprehensive range of legal services, including corporate and commercial litigation, civil litigation, residential and commercial real...
Woynarski Szymura Kelly LLP
Cambridge, Canada

Founded in 2016
English
Woynarski Szymura Kelly LLP (WSK Law) has been a cornerstone of the Waterloo Region's legal community since 1979. Founded by Ronald F.B. Woynarski, the firm has built a solid reputation as a trusted advisor and advocate for its clients. The dedicated team of accomplished attorneys specializes in...
Donald & Kehler Law Office
Brandon, Canada

Founded in 1994
English
Established in 1994, Donald & Kehler Law Office, formerly known as Donald Legal Services, has been serving the legal needs of individuals and businesses in Southwestern Manitoba for over three decades. The firm offers a comprehensive range of services, including real estate transactions, corporate...
Pervez & Pervez Law
Toronto, Canada

Founded in 2022
2 people in their team
English
Pervez & Pervez Law, based in Cambridge, Ontario, offers comprehensive legal services tailored to individuals, families, and businesses across Canada and the United States. The firm specializes in business law, providing support in corporate structuring, contracts, commercial real estate,...
Grayson & Company
Moose Jaw, Canada

English
Established in 1883, Grayson & Company has been a cornerstone of the Moose Jaw community, providing comprehensive legal services for over a century. The firm's areas of practice encompass corporate commercial law, agricultural law, family law, labour and employment law, litigation, municipal law,...
Vani Law Office
Etobicoke, Canada

English
Vani Law Office, located in Toronto, Ontario, offers a comprehensive range of legal services, including corporate and commercial law, employment law, immigration law, litigation, notary public services, real estate law, tax law, transportation law, and wills, trusts, and estates law. The firm is...
Gander, Canada

English
Peddle Law, based in Twillingate and Gander, Newfoundland and Labrador, offers specialized legal services in personal injury, dispute resolution, estate planning, property law, and negotiation. The firm is committed to providing clients with personalized and logical legal solutions in a convenient...

Founded in 2020
English
KR Law Firm Professional Corporation, founded by Kaveh Rezaei, is a Toronto-based law firm specializing in tax law and immigration litigation. With extensive experience in handling disputes with the Canada Revenue Agency (CRA) and representing clients in immigration appeals, the firm offers...
Mathieu Hryniuk LLP
Toronto, Canada

Founded in 1964
English
Mathieu Hryniuk LLP serves over 100,000 square kilometers with 10 offices in Alberta's Peace Country and Lesser Slave Lake regions. With a team of 30 staff members, including long-standing employees, the firm offers over 70 years of combined experience in legal services such as real estate, estate...
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About Structured Finance Law in Canada

Structured finance refers to complex financial transactions that involve pooling assets and issuing securities to investors. In Canada, structured finance is commonly seen in securitizations, asset-backed securities, collateralized debt obligations, and various project finance transactions. The legal landscape is shaped by a combination of federal and provincial laws, regulatory guidelines, and established market practices. Structured finance plays an essential role in capital markets, enabling businesses and financial institutions to manage risk, raise funds, and promote investment.

Why You May Need a Lawyer

Structured finance transactions involve intricate legal, financial, and regulatory considerations. You may need a lawyer in situations such as:

  • Structuring a securitization or asset-backed security deal
  • Navigating securities law compliance for capital raising
  • Drafting, negotiating, or reviewing transaction documents
  • Ensuring compliance with Canadian and international regulations
  • Addressing tax implications and cross-border structuring
  • Responding to regulatory investigations or enforcement actions
  • Resolving disputes between parties involved in structured finance deals

Legal guidance helps protect your interests, reduce risks, and ensure the success and legality of your structured finance transactions.

Local Laws Overview

In Canada, structured finance is influenced by several key legal and regulatory frameworks:

  • Securities Laws - Securities regulation is mainly provincial, overseen by organizations like the Ontario Securities Commission (OSC) and Autorité des marchés financiers (AMF). National instruments, such as National Instrument 45-106 on private placements, also play a role.
  • Bankruptcy and Insolvency Laws - The Bankruptcy and Insolvency Act and the Companies' Creditors Arrangement Act are important for structuring transactions to ensure that assets in securitizations are bankruptcy-remote.
  • Taxation - Tax treatment is regulated federally and provincially, and structuring deals often involves complex tax analysis.
  • Disclosure Requirements - There are detailed disclosure obligations for issuing and marketing asset-backed securities.
  • Consumer Protection - Consumer laws may impact certain underlying assets, such as residential mortgages or auto loans.

Canadian structured finance transactions are also influenced by market conventions, international agreements, and risk management standards such as Basel III for financial institutions.

Frequently Asked Questions

What is structured finance?

Structured finance covers financial arrangements where assets or receivables are pooled and securities backed by those assets are sold to investors. Common transactions include securitizations, project finance, and collateralized debt obligations.

Who participates in structured finance deals?

Typical participants are originators (sellers of assets), issuers (entities that issue securities), investors (purchasers of securities), credit rating agencies, trustees, and various advisers like lawyers and accountants.

How does securitization work in Canada?

Securitization involves transferring a pool of assets to a separate entity, often a special purpose vehicle, that issues asset-backed securities to investors, thereby raising capital for the originator and transferring certain risks.

Are there special disclosure requirements for structured finance transactions?

Yes, both prospectus and exemption-based offerings require detailed disclosure about the underlying assets, risk factors, structure, cash flows, and the parties involved, in compliance with securities regulations.

What regulatory bodies oversee structured finance in Canada?

Structured finance is primarily regulated by provincial securities commissions, such as the OSC and AMF. Federally regulated financial institutions may also be subject to oversight by the Office of the Superintendent of Financial Institutions (OSFI).

Are there cross-border considerations in Canadian structured finance?

Yes, cross-border transactions require compliance with both Canadian law and the laws of the involved foreign jurisdictions, as well as potential tax, disclosure, and regulatory requirements.

What role does bankruptcy law play in structured finance?

Structuring typically aims to protect the pooled assets from an originator's bankruptcy, using bankruptcy-remote entities. Canadian bankruptcy laws must be considered for effective risk isolation.

Do structured finance transactions require regulatory approval?

Most transactions do not require pre-approval, but must comply with applicable securities laws, disclosure requirements, and sometimes notifications to regulatory bodies, especially for public offerings.

What are common challenges in Canadian structured finance?

Challenges include regulatory compliance, tax structure efficiency, legal documentation, cross-border legal risks, and ensuring proper risk transfer and investor protection.

How do I choose a lawyer for structured finance?

Look for lawyers or law firms with proven experience in structured finance, capital markets, and securitization. Consider their industry reputation, expertise in related regulations, and ability to advise on both legal and business aspects of transactions.

Additional Resources

To deepen your understanding or seek assistance, you may find these organizations and resources helpful:

  • Provincial securities regulators, such as the Ontario Securities Commission (OSC) or Autorité des marchés financiers (AMF)
  • Canadian Securities Administrators (CSA)
  • Office of the Superintendent of Financial Institutions (OSFI)
  • Investment Industry Regulatory Organization of Canada (IIROC)
  • CPA Canada for taxation and accounting standards in structured finance
  • Canadian Bankers Association for banking sector information
  • Financial Consumer Agency of Canada for consumer-related structured finance matters

Next Steps

If you believe you need legal assistance with structured finance in Canada, here are some steps you can take:

  • Assess your situation and identify specific legal or transactional needs
  • Gather relevant documents and information about the transaction or issue
  • Research and select a law firm or lawyer with expertise in structured finance
  • Schedule a consultation to discuss your goals, concerns, and possible strategies
  • Ask about the lawyer's experience, fee structures, and approach to your type of transaction
  • Develop a clear plan with your legal adviser for next steps and compliance obligations

Taking action early can help address complex regulatory requirements, minimize risks, and enhance the likelihood of a successful structured finance transaction in Canada.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.