Our Derivatives Group carries on a market leading legal practice in all aspects of derivatives regulation and transactions.
Market participants value our extensive expertise in navigating the derivatives regulatory landscape in Canada, as well as our expertise in negotiating derivatives documentation, whether as part of a complex structured transaction, or as a stand-alone hedging transaction. Our clients include both domestic and foreign financial institutions, large pension fund end-users, mutual funds, investment funds, derivatives dealers and advisors, securitization trusts, project finance special purpose entities, corporate end-users and clearing corporations.
McCarthy Tétrault has one of the top derivatives practices in Canada. We deliver practical and innovative advice combined with timely service in achieving our clients’ objectives. We regularly support clients in a wide variety of domestic and cross-border derivatives matters, including:
- advice on derivatives regulatory matters, including trade reporting, central clearing, margin requirements, registration and business conduct requirements;
- advice on applications for exemptive relief to securities and derivatives regulators relating to derivatives regulatory requirements;
- advice on commodity transactions and futures transactions, including novel transactions;
- advice on all aspects of collateral arrangements relating to derivatives transactions;
- advice on hedging transactions, including transactions relating to hedging risks under corporate incentive plans and financing arrangements;
- advice on structuring, documentation, regulatory and insolvency aspects of total return swap transactions and repurchase transaction in connection with equity security positions and mortgage lending facilities;
- advice on clearing agency and other regulated entity rules;
- advice on withholding taxes and other tax matters;
- advice on carbon derivatives and emissions trading;
- negotiating and documenting derivatives that comply with rating agency requirements for securitization transactions;
- negotiating and documenting derivatives that comply with Canadian Mortgage and Housing Corporation requirements and rating agency requirements for covered bond transactions; and
- providing netting, collateral and insolvency opinions with respect to International Swaps and Derivatives Association, Inc. master agreements and the International Capital Market Association’s Global Repurchase Master Agreement and Global Master Securities Lending Agreement.
We regularly participate in industry committee work, developing standard form documents and commenting on proposed derivatives rules; and are regular speakers at industry conferences on derivatives-related topics.
We are the law firm of choice for derivatives matters in Canada because we have in-depth experience, are results-oriented and are cost-effective with a national presence across the country with offices in Toronto, Montreal, Calgary, Vancouver and Quebec. As members of a market-leading legal practice in the financial services industry, our top-ranked counsel are recognized as pre-eminent lawyers in the derivatives space as well as supporting practice areas.