Distribution of Financial Products and ServicesOverview
The adoption of new legislative and regulatory measures and important issues involving the control and distribution of financial products and services call for cutting-edge expertise and strategic assistance in the establishment of financial institutions and distribution networks for financial products and services.
Our lawyers can advise you on the planning and carrying out of mergers, acquisitions, and demutualizations and of joint ventures involving financial institutions or other financial sector stakeholders as well as the forging of strategic alliances and distribution, reinsurance, and outsourcing agreements.
We specialize in professional, disciplinary, and regulatory law and appear frequently before the civil courts and regulatory agencies, advising and assisting our clients in matters involving litigation, investigations, and searches. Finally, we offer training to stakeholders in the financial sector, particularly with regard to the duties and obligations of representatives.
Lavery’s specialized lawyers offer you integrated services to help you carry out transactions and introduce innovative financial products and services. We can also offer preventative advice and defend you, drawing on our in-depth knowledge of disciplinary, regulatory compliance, and professional liability issues. The experience we have acquired with regulators, our multidisciplinary approach, and our collaborative efforts with our colleagues in other practice areas, enable us to quickly mobilize a team of specialized lawyers to help you achieve your objectives and find the optimal solution to your problems.
- Incorporate, organize, and register all types of financial services providers, including banks, insurance companies, trust and loan companies, agents, brokers, and other financial services groups, whether regulated or not
- Create new financial products for consortiums of insurers, mutual insurance companies, and captive insurance and reinsurance companies
- Merger, acquisition, reorganization, and sale of financial institutions or other entities working in the financial products and services distribution field
- Assistance in matters of regulatory compliance and oversight
- Drafting, translation, interpretation, and compliance analysis of insurance, agency, and brokerage contracts and reinsurance agreements
- Setting up of financial services networks
- Strategic alliances and outsourcing agreements
- Electronic commerce, Internet, and advanced technology, including joint ventures between technology providers and financial services providers
- Protection of personal information and issues relating to tied-selling
- Branches and representative offices of foreign institutions
- Representation before regulatory agencies, obtaining of authorizations, certifications, and permits, and filing of registrations
- Acting for financial services firms in the event of legislative changes and important initiatives resulting from government policies
- Securities law and the laws governing capital market infrastructures
- Litigation involving regulated entities such as financial institutions, securities dealers, insurance firms, and their representatives
- Class actions
- Opinions concerning insurance coverage
- Services relating to regulations and services to corporations
Our major clients
- American Income Life Insurance Company
- Assurant Solutions
- Bank of Montreal
- National Bank of Canada and its subsidiaries (National Bank General Insurance, National Bank Life Insurance Company, National Bank Insurance Firm, National Bank Financial, National Bank Trust)
- CNA Canada
- Chambre de la sécurité financière
- First Canadian Title Company Limited
- Manulife Financial
- Sun Life Financial
- Fondaction CSN
- Fondation Universitas du Canada
- Professional Liability Insurance Fund of the Barreau du Québec
- Professional Liability Insurance Fund of the Chambre des notaires du Québec
- Global Aerospace, Inc.
- Industrial Alliance Insurance and Financial Services Inc. and its subsidiaries (Industrial Alliance Securities Inc., Excellence Life Insurance Company)
- Intact Assurance
- Liberty International Underwriters Canada
- Royal & Sun Alliance Insurance Company of Canada
- XL Insurance Company Ltd.
Our major Achievements
- Purchases and divestitures of national and foreign trust, leasing, and information technology entities and their retail branches, as well as transfers of mortgage and credit card loan portfolios by a Canadian bank
- Acquisitions by insurance companies of Quebec registered insurance firms to expand their distribution network
- Advising a portfolio manager on how to structure and implement the contractual framework required to carry on sub-management activities of equity portfolios
- Spin-off of shareholder management services by a trust company
- Structuring the offering of banking products and services within a financial conglomerate primarily specialized in life and health insurance and mutual funds distribution
- Acquisition of a trust company by a federation of financial services cooperatives and conversion of this company into a financial services cooperative
- Establishing a joint venture between a P&C insurance company and a Canadian bank for direct selling of insurance products
- Structuring the life and health insurance business of a Canadian bank
- Re-engineering the product suite of a professional liability insurance fund
- Compliance audits for insurance companies and Quebec registered insurance firms
- Development of additional warranty programs for automobiles and other movable property
- Providing representation as agent general in Quebec to numerous insurance and reinsurance companies
- Acting for securities firms, mutual fund dealers, portfolio managers, investment fund managers, and their representatives in disciplinary matters
- Acting for entities charged with contravening UMIR, market manipulation, insider trading, etc.
- Training programs for securities dealers’ regulated personnel and representatives
- Partial demutualization and conversion of a mutual life insurance company into a mutual management corporation controlling a capital stock life insurance company
- Advising regulators, self-regulatory organizations, and various industry participants and stakeholders regarding legal and policy issues associated with the online distribution of insurance products
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Lavery at a glance
An independent law firm, offering the full range of legal services to business. More than 200 lawyers in Montreal, Quebec City, Sherbrooke, Trois-Rivières and Ottawa. Member of the World Services Group, an international network of service firms with offices in more than 115 countries.