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Financial Services Regulatory


Fasken has one of the leading and most active bank and insurance regulatory practices in the country as it advises in the top tier of both industries - a unique fact among Canadian law firms.
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Overview

The pace of innovation and change in the financial services marketplace requires participants to adapt. At the same time, regulation continues to evolve and expand.

Fasken advises the largest of the domestic Canadian banks, many of the commercially-owned Canadian domestic banks, foreign banks, foreign bank branches and credit unions.  As the financial services landscape is expanding, we advise new entrants, both to Canada and to the financial services world, on how to successfully implement their plans.

Acting for these clients puts us on the front line in advising on the products and services currently offered and adapting them to initiatives such as mobile wallets and mobile payments.

We have a strong presence in the credit card space as we provide advice to many of the largest credit card issuers in Canada. We have expertise on loyalty programs, co-brand credit and debit card programs, prepaid cards, stored value cards and consumer disclosure related to these products.

We have a retail banking team composed of experts in consumer cost of borrowing disclosure, AML, credit reporting, privacy, anti-spam, advertising and electronic commerce – all focused on retail banking products and consumer-facing legal issues.

In the traditional banking space and in the new products associated with fintech, this retail banking team has advised on the transformation from paper to an exclusively electronic environment.

Our lawyers combine regulatory expertise with the ability to implement commercial transactions, thereby allowing the same team to provide seamless advice on all aspects of the purchase and sale of financial portfolios and M&A transactions.

With our national practice, we have extensive experience dealing with the regulators at the federal level, including the Office of the Superintendent of Financial Institutions and the Financial Consumer Agency of Canada and at the equivalent regulators at the provincial level. 

 

Achievements

Team

Primary Contacts
  • Koker Christensen, Partner | CO-LEADER, FINANCIAL SERVICES, Toronto, ON, +1 416 868 3495, kchristensen@fasken.com
  • Nicolas Faucher, Partner | Co-Leader, Financial Services | Co-Chair of the Corporate/Commercial Regional Section, Montréal, QC, +1 514 397 5114, nfaucher@fasken.com
  • Sylvie Bourdeau, Partner | Corporate/Commercial, Montréal, QC, +1 514 397 4388, sbourdeau@fasken.com
  • Kareen A. Zimmer, Partner | Mergers & Acquisitions, Financial Services Regulatory, Vancouver, BC, +1 604 631 4775, kzimmer@fasken.com

Client Work

  • Issuance of C$1 billion of 5.279% Non-Viability Contingent Capital (NVCC) Notes by Fédération des Caisses Desjardins du Québec, [Deal - Desjardins Securities Inc.], Issuance of C$1 billion of 5.279% Non-Viability Contingent Capital (NVCC) Notes (Surborbinated Indebtedness) by Fédération des Caisses Desjardins du Québec.
  • Trustees of the BC Credit Union Employee’s Pension Plan confirmed by Court of Appeal to have acted in accordance with the Plan and their fiduciary obligations, [Case - Trustees of the British Columbia Credit Union Employees’ Pension Plan], The trustees of a multi-employer pension plan of BC Credit Unions were found to have acted in accordance with the pension plan and their fiduciary obligations in increasing the normal retirement date to age 65 for full pension entitlement. The British Columbia Court of Appeal dismissed a claim ostensibly brought by four members of the plan, but supported by the BC Government Employees Union.
  • Raymond James Trust acquires Solus Trust Company Limited, [Deal - Solus Trust Company Limited], Advised the majority shareholders and Solus Trust in their acquisition by Raymond James Trust.
  • Toronto-Dominion Bank wins summary judgement motion, [Case - Toronto-Dominion Bank], Successfully represented TD in a motion for summary judgement
  • Issuance of C$1 billion senior notes by Fédération des Caisses Desjardins du Québec, [Deal - Desjardins Securities Inc.], On August 23, 2022, the Fédération des Caisses Desjardins du Québec issued $1 billion in Senior Notes.
  • Issuance of $1 billion senior notes by Fédération des Caisses Desjardins du Québec, [Deal - Desjardins Securities CIBC World Markets and TD Securities for a dealer syndicate], Issuance of $1 billion senior notes.
  • The Fédération des caisses Desjardins du Québec issues C$1 billion of 1.992% notes due 2031 (Non-Viability Contingent Capital – Subordinated Indebtedness), [Deal - Syndicate of dealers co-led by Desjardins Securities Inc., CIBC World Markets Inc. and TD Securities Inc.]
  • Fairstone Bank of Canada (formerly Duo Bank of Canada) and First National Financial LP enter into a partnership to launch a secured credit card, [Deal - Fairstone Bank of Canada], Leading Canadian non-bank provider of lending solutions enters partnership with one of the nation's largest non-bank mortgage lenders to launch secured credit card
  • Advised Nuvei in its US$889 million acquisition of SafeCharge, [Deal - Nuvei Corporation]

Knowledge

Events

News

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