The previously published amendments (Phase 2 amendments) to NI 81-102 as part of the CSA’s fund modernization project are now in effect.
For mutual funds, the changes include:
- a new prohibition against investing in closed-end funds (subject to an 18-month transition period for existing mutual funds), and
- new sales communications requirements for mutual funds following conversion from a closed-end fund structure.
For closed-end funds, the changes include:
- a prohibition against issuing any warrants (whether as part of an initial public offering, or subsequently to existing unitholders),
- a requirement to obtain unitholder approval for any type of reorganization (including conversion to a mutual fund structure), including that the fund not incur the costs associated with any such reorganization,
- new investment restrictions prohibiting:
- investments in mortgages (other than government-guaranteed mortgages) and certain loans, and
- investments in underlying funds that are not subject to Canadian securities laws,
subject, in each case, to an 18-month transition period for existing closed-end funds,
- limits on the circumstances in which redemptions of units can be suspended and requiring that unitholders be reminded annually of their redemption rights,
- new restrictions on sales communications (advertising), and
- a variety of conflict of interest rules previously exclusive to mutual funds.
Please read our firm’s detailed bulletin New Rules for Closed-End Funds and Mutual Funds Under Phase 2 Fund Modernization Amendment.