Op Ed: Planning an ICO in Canada? Here are 10 Regulatory Points to Ponder

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February 17, 1: Last Updated June 20, 3: At this time of year, we are bombarded by marketing to buy the same RRSP investments we have always purchased in the past. For most Canadians, the investment of choice is a mutual fund, though exchange-traded funds ETFs are playing a bigger role for both do-it-yourself investors and investment advisers. At that time, mutual funds topped the list at 37 bitcoin investment funds institute of canada cent of RRSP assets. Canadians might be surprised that foreign currencies are qualified RRSP investments, but not all currencies fit the bill.

My concern with currencies is that they do not produce an income. Profiting from converting back and forth between currencies is not easy for investors.

Historically, some Canadians have held their mortgage in their RRSP, but the strategy is much less appealing these days. Effectively, you are borrowing some of your RRSP savings from yourself as a mortgage. The applicable interest rate is the posted rate, however.

So you may be borrowing from yourself at a lofty 5 per cent, but also earning a decent return of 5 per cent on your RRSP as a result. Although it may sound good on the surface, with both fixed and variable interest rates near historic lows, I do not much like this strategy right now.

I would rather borrow from the bank at 2. Foreign stocks, including those trading on designated stock exchanges, are also qualified RRSP investments. The list of designated exchanges is quite extensive. There are 41 exchanges outside of Canada that qualify, though 11 are U. The challenge is finding a financial institution that allows you to buy foreign securities in your RRSP, as not all will let you do so. Precious metals may have lost some of their luster in the past five years, but can still be held in your RRSP in various forms.

Gold and silver bullion, coins, bars bitcoin investment funds institute of canada certificates may be qualified RRSP investments, subject to certain purity and other conditions.

Some investors feel strongly that a portfolio should include an allocation to gold. A Ibbotson Associates study found that gold exhibited the most negative correlation to traditional financial assets from to It could, therefore, be a good hedge or portfolio diversification tool. Then we melt it down, dig another hole, bury it again and pay people to stand around guarding it. It has bitcoin investment funds institute of canada utility. Anyone watching from Mars would be scratching their head.

Bitcoin investment funds institute of canada private company investments can be held in your RRSP. In order to qualify, the broad rules are that the investment must be in a specified small business corporation that is Canadian, controlled by Canadians, engaged in an active business carried on in Canada and you cannot own more than 10 per cent of the company.

This list is a simplification of complex rules so ensure you get professional advice before considering this for your RRSP. Should you buy private company shares in your RRSP? I would argue that you would be better off buying them in another account.

If you hit a home run, your RRSP could rise significantly in value and be a ticking tax time bomb when you have to start your RRSP withdrawals in retirement. And if your investment goes bust, which happens more often with private than public companies, the Allowable Business Investment Loss ABIL rules may allow you to claim a deduction against your other income and get a tax refund outside a registered account.

If an investment goes to zero in your RRSP, there is no recourse. Another class of creative RRSP investments is call options or put options. A stock option is a type of security that gives you the right to buy or sell a stock at a pre-determined price. So a stock option is not a stock, but simply, a contract to buy or sell a stock. A put option works bitcoin investment funds institute of canada but in reverse.

If bitcoin investment funds institute of canada buy a put option, you have the right to sell a stock at a certain price. You can buy an option or you can write sell an option. RRSP investors can buy or sell call options, but call options can only be sold written if you already own the underlying shares in your RRSP called a covered call option. Option writing strategies that are deemed by the CRA to be speculative could be a problem. In contrast, the writing of an uncovered call option, or the writing of a put option … may result in the registered plan being considered to be carrying on a business.

Option investors should proceed with caution generally, as these are complex investments. Investors should be that much more careful trading options in an RRSP due to the potential adverse tax consequences.

But deferred annuities can be purchased today to start making payments to you in the future from your retirement savings. Personally, I would be a bit leery to buy a deferred annuity today when interest rates are so low and likely to rise in the medium term before payments start.

Higher interest rates mean higher annuity monthly payments. I also like the flexibility of deciding how to draw down your retirement assets when you are ready to retire as opposed to doing so now in advance. In summary, there are lots of unique RRSP investment options available to investors beyond mutual funds.

I think most people should stick with the plain vanilla options like GICs, bonds, stocks and ETFs rather than venturing into the murky waters of alternative RRSP investments, particularly given there are so many options even within that plain vanilla group. Filed under Personal Finance. Canadian NHL teams don't often win the Stanley Cup now, but their rabid fan base still makes them big winners. Even a bitcoin investment funds institute of canada increase in interest rates in Toronto and Vancouver is a concern for most buyers.

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To date, no legislation has been adopted to provide a specific framework dealing and advising in cryptocurrencies. However, depending on the legal characterization of the nature of the cryptocurrencies themselves and the nature of the activities pursued by a firm, existing rules may find application. Consequently, it is important for firms to carefully review their cryptocurrency projects in order to determine if an existing regulatory framework applies.

CSA Staff has taken the view that when assessing whether or not securities laws apply to certain cryptocurrencies, substance should prevail over form and that, in many cases, when considering a cryptocurrency offering or arrangement as a whole, such cryptocurrency could be considered to be a security.

CSA Staff recommend businesses consult legal professionals to complete an analysis on whether a security is involved in the cryptocurrency business opportunity they are contemplating. If securities laws apply to the cryptocurrency-related activities firms are looking to conduct, firms may need to consider, in particular, whether any registrations are required in order to carry out the proposed activities.

Additionally, firms should consider the requirements that are specific to cryptocurrencies, notably valuation and custody. For example, CSA Staff expects a custodian to have expertise that is relevant to holding cryptocurrencies, such as experience with hot and cold storage, security measures to keep cryptocurrencies protected from theft and the ability to segregate the cryptocurrencies from other holdings as needed.

Businesses with proposed cryptocurrency-related investment funds or other projects are encouraged by CSA Staff to contact their local securities regulatory authority to discuss possible approaches to complying with securities laws, in order to avoid costly regulatory surprises and delays. Any firm contemplating a cryptocurrency-related activity should consider being proactive in initiating discussions with their regulators. A vehicle whose primary purpose is to invest money provided by its investors in cryptocurrencies is considered by the CSA to be an "investment fund" for the purpose of applicable securities legislation.

A firm acting as the investment fund manager of a cryptocurrency fund will be subject to the requirement to register as an "investment fund manager" in its jurisdiction and potentially in other jurisdictions. The CSA, in seeking to adequately monitor developments in this new area and to balance the demand for new investment opportunities with the need to protect investors, have imposed conditions on the registration of firms wishing to carry out cryptocurrency-related activities.

Such additional obligations have been imposed on firms both as a result of proactive consultations with regulators, and from spontaneous interventions of regulators. More specifically, conditions have been put on current and new registrations of portfolio managers and investment fund managers as a consequence of their cryptocurrency-related activities.

The conditions imposed on the cryptocurrency investment fund managers include the obligation for investment fund managers to obtain the regulator's prior approval to i establish or act as manager of an investment fund that invests in cryptocurrencies, ii amend the investment objective of the investment fund, iii change the entity that maintains custody of the cryptocurrencies held by the investment fund, iv change the entity mainly responsible for the execution of trades in the cryptocurrencies for the investment fund; and v make a material change in their valuation policies and procedures applicable to cryptocurrencies.

In addition, the cryptocurrency investment fund managers are responsible for the oversight of the functions performed by each cryptocurrency custodian and broker which have to meet certain requirements. Moreover, the agreements to be entered into with cryptocurrency custodians and brokers must include certain restrictive provisions which, in consequence, limits the firm's choice of service providers.

The conditions also include certain additional reporting obligations. The conditions imposed on the cryptocurrency portfolio managers include the obligation for the portfolio manager to obtain the regulator's prior approval to i manage the investment portfolio of an investment fund that invests in cryptocurrencies, ii amend the investment objective of the investment fund to include a cryptocurrency not previously held by such investment fund, and iii make a material change in their valuation policies and procedures applicable to the cryptocurrencies.

Any manager wishing to include other cryptocurrencies in their strategies would need to convince the CSA to give its approval to such inclusion. The CSA are of the view that these conditions should apply to all investment fund managers and portfolio managers involved with cryptocurrencies. We believe that such conditions may evolve as the market expands, as other cryptocurrencies become prominent and as more players initiate discussions with the CSA.

The SEC's concerns include: To avoid any issues, do not hesitate to contact our Investment Products and Wealth Management team to ensure that the business opportunity involving cryptocurrencies you are contemplating complies with all applicable regulations and the CSA's practices.

This website uses cookies. By continuing to use this website you are agreeing to our use of cookies as described in our privacy policy. Regulatory Framework To date, no legislation has been adopted to provide a specific framework dealing and advising in cryptocurrencies. Conditions Imposed on Portfolio Managers Advising on Cryptocurrencies and Cryptocurrency Investment Fund Managers A vehicle whose primary purpose is to invest money provided by its investors in cryptocurrencies is considered by the CSA to be an "investment fund" for the purpose of applicable securities legislation.

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