Mutual Reliance Review System for Exemptive Relief Applications -- relief from requirement to provide a statement of policies and obtain specific and informed written consent from discretionary management clients once in each twelve-month period with respect to certain funds -- subject to conditions.
Applicable Ontario Legislation
Ontario Regulation 1015, R.R.O. 1990, ss. 227(2)(b), 233.
July 4, 2005
IN THE MATTER OF
THE SECURITIES LEGISLATION
OF ONTARIO, ALBERTA, NOVA SCOTIA AND
NEWFOUNDLAND AND LABRADOR (the Jurisdictions)
IN THE MATTER OF
THE MUTUAL RELIANCE REVIEW SYSTEM
FOR EXEMPTIVE RELIEF APPLICATIONS
IN THE MATTER OF
ASSANTE ASSET MANAGEMENT LTD. (the Filer)
MRRS DECISION DOCUMENT
The local securities regulatory authority or regulator (the Decision Maker) in each of the Jurisdictions has received an application from the Filer for a decision under the securities legislation of the Jurisdictions (the Legislation) for an exemption from the requirement that a registrant acting as an adviser and exercising discretionary authority with respect to the investment portfolio or account of a client (in each case, a Client) not purchase or sell securities of a related issuer, or in the course of an initial distribution or a distribution (depending on the Jurisdiction) securities of a connected issuer, of the registrant, unless it provides certain disclosure to the Client and obtains the requisite specific and informed written consent of the Client once in each 12 month period (the Requested Relief).
Under the Mutual Reliance Review System for Exemptive Relief Applications:
(a) the Ontario Securities Commission is the principal regulator for this application; and
(b) this MRRS decision document evidences the decision of each Decision Maker.
Defined terms contained in National Instrument 14-101 Definitions have the same meaning in this decision unless they are defined in this decision.
This decision is based on the following facts represented by each Filer:
1. The Filer is a corporation formed under the laws of the Province of Manitoba and is registered as an investment counsel and portfolio manager, or their equivalent, in all provinces and territories of Canada. The Filer is an indirectly wholly-owned subsidiary of CI Fund Management Inc.
2. The Filer carries on an investment management business offering portfolio management services to a large retail client base.
3. The Filer manages all of its clients' assets on a discretionary basis and may trade in the securities of one or more mutual funds or pooled funds managed or to be managed by the Filer or an affiliate of the Filer (collectively, the Funds) for its Clients' accounts;
4. Clients of the Filer enter into a discretionary portfolio management account agreement with the Filer which then establishes a segregated account (a Managed Account) for each such client. Each Client specifically consents in writing to the Filer investing in one or more of the applicable Funds.
5. All Clients of the Filer receive an initial copy of the Statement of Policies of the Filer which includes a conflicts statement listing the related and connected issuers of the Filer. In the event of a significant change in its Statement of Policies, the Filer will provide to each of its Clients a copy of the revised version of, or amendment to, the Statement of Policies.
6. Securities of the applicable Funds may be offered on a continuous basis and will be acquired by residents of the Jurisdictions either under a prospectus filed by the Fund or on a private placement basis.
Each of the Decision Makers is satisfied that the test contained in the Legislation that provides the Decision Maker with the jurisdiction to make the Decision has been met.
The decision of the Decision Makers pursuant to the Legislation is that the Requested Relief is granted to the Filer provided that the Filer has provided certain disclosure and secured the specific and informed consent of the discretionary management Client in advance of the exercise of discretionary authority in respect of the applicable Funds.