Christian Faribault

Christian Faribault  

Partner

Executive Summary

Christian Faribault is a partner in the Montréal office, the Regional Leader of the Investment Management Group and the Regional Leader of the Insurance – Corporate and Regulatory Group of Borden Ladner Gervais LLP. He specializes in regulatory, compliance and governance matters facing Canadian and foreign-based participants in the investment management industry, including investment fund managers, portfolio managers, dealers, financial institutions and service providers.

Christian regularly advises portfolio managers and fund managers on legal issues relating to the provision of advisory services, the distribution of securities and the establishment, operation and administration of investment funds (retail and private). He also has extensive experience in the area of registrant regulation and compliance, including developing, reviewing and assessing compliance procedures and practices. He has obtained novel exemptive relief from a wide variety of prospectus, registration, conflict of interest and other compliance requirements under Canadian securities laws.

Christian has also acted on behalf of several issuers and investment bankers on all types of corporate finance work (equity and debt), including IPOs, bought deals and private placements, as well as merger and acquisition transactions, shareholder and corporate governance matters, and the securities-related activities of financial institutions.

Prior to joining BLG, Christian has acted as general counsel to an investment dealer registered across Canada and a member of the Toronto Stock Exchange (TSX), the TSX Venture Exchange (TSX-V), the Canadian National Stock Exchange (CNSX), the Montreal Stock Exchange (M-X) and the Investment Industry Regulatory Organization of Canada (IIROC).

Representative Work

  • Christian has extensive experience with registration issues and regulatory compliance matters relating to securities dealers and advisors, and he regularly represents such entities before regulatory and self-regulatory securities industry authorities and/or organisations.
  • He advises portfolio managers and investment fund managers regarding legal issues dealing with the establishment, offering and administration of investment funds (retail and pooled).
  • He has acted as counsel on behalf of investment fund managers in the context of the reorganisation of mutual fund groups.
  • Christian has also advised investment dealers, portfolio managers, exempt market dealers, investment fund managers and mutual fund dealers in connection with the merger or acquisition of registrants and fund distribution businesses.
  • He has acted as counsel to registrants in connection with their initial public offerings (IPOs).
  • He acts as counsel in the constitution and maintenance of offshore investment funds.
  • He advises foreign registrants on offering their services in Canada.
  • Christian regularly provides training and advice on compliance issues impacting securities registrants, including providing assistance with the preparation of policies and procedures and risk management systems, and preparing for and responding to issues arising in connection with regulatory compliance audits and surveys.
  • He has acted for industry participants in merger and acquisition transactions, including sales and purchases of mutual fund businesses, high net worth advisory businesses, and IIROC and MFDA members.
  • He has dealt extensively with issues relating to institutional and high net worth managed account businesses and mandates.
  • Christian is proficient in issues relating to custody, brokerage arrangements and distribution networks.
  • He has obtained novel and group exemptive relief from various securities law requirements.
  • He has acted as counsel to issuers and syndicates of underwriters on public and private offerings of equity and debt.
  • He has acted on behalf of reporting issuers in the context of takeover bids and issuer bids, as well as for corporations and independent committees undergoing private transactions (business combinations).
  • He advises banks, financial institutions and businesses on financial services law, including law dealing with insurance and distribution of financial products and services.

Publications & Presentations

  • Christian has given numerous presentations and authored several articles on subjects related to the regulatory environment of investment dealers and advisors, as well as legislative and regulatory developments in securities law.
  • Christian is the editor of the book Securities Law & Practice for Québec (since 2008).

Rankings & Recognitions

  • Selected by peers for inclusion in the 2018 edition of The Best Lawyers in Canada® (Private Funds Law).
  • Recognized in the 2017 edition (and since 2014) of The Canadian Legal Lexpert® Directory (repeatedly recommended in Investment Funds and Asset Management).
  • Martindale-Hubbell® 4.5 out of 5 Peer Review Rated.