carol e. derk

CAROL E. DERK
Associée
T 416.367.6181
F 416.361.2775
Toronto
[email protected]
http://ca.linkedin.com/in/Carol
Derk
Gestion des investissements
Dérivés
FNB, produits structurés et fonds d'investissement à capital fixe
Fonds communs de placement
Fonds d’actions de sociétés fermées, fonds spéculatifs
et fonds d’investissement alternatifs
Comités de gouvernance et comités spéciaux
Marché des capitaux d’emprunt
Formation / Admission au Barreau
EXECUTIVE SUMMARY
LLB, University of Toronto, 1984
Carol Derk is a partner in the Toronto office of Borden Ladner Gervais LLP. She is the
National Leader of the Firm's Derivatives Group and the Structured Products Group, a
sub-group of the Investment Management Group.
MA, University of Toronto, 1981
BA (Hons., major in Music History),
University of Alberta, 1980
Ontario, 1986
Activités professionnelles
Member, Securities Advisory
Committee, Ontario Securities
Commission
Member, Policy Committee, Canadian
ETF Association
Carol practises in the area of securities law, specializing in investment management
funds. She works extensively for managers of mutual funds, exchange-traded funds,
closed-end investment funds and pooled funds, particularly in the area of new product
development. Carol also has an extensive derivatives practice, primarily for investment
funds and pension funds. She acts for investment funds and other entities that use derivatives, including negotiating the ISDA, futures and other standard documentation,
advising on derivatives regulatory compliance matters and developing new derivativesbased products.
REPRESENTATIVE WORK

Advises investment fund managers on novel and structured products for
mutual funds, exchange-traded funds, closed-end funds, pooled funds and
other types of investment products. For example:

advised Mackenzie Financial Corporation when it introduced the first multiseries mutual funds into the Canadian marketplace;

worked with fund managers to create the first guaranteed investment products
and target date funds; and

advised Invesco Canada when it introduced the first mutual fund-on-US
exchange-traded fund structure.
Director, Women's College Hospital

Member, Governance Committee,
Women's College Hospital
Acts for investment funds and other investment vehicles that use derivatives as
part of their investment strategies. For example:

worked with Mackenzie Financial Corporation to create the first RSP clone
fund structure that used derivatives to provide investors with exposure to
foreign property through a Canadian investment for tax purposes;

works with numerous fund managers to create tax effective funds that use
derivatives to convert income into capital gains; and
Member, Canada Legal and Canada
Regulatory Committees, International
Swaps and Derivatives Association
Member, Derivatives Subcommittee,
Investment Funds Institute of Canada
Member, Canadian Bar Association
Activités communautaires
Organizer, BLG's United Way
Campaign, 2009-11
Founding Member, The Toronto New
School
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© 2016 Borden Ladner Gervais S.E.N.C.R.L., S.R.L. («BLG»). Tous droits réservés
Former Director and Chair, Canadian
Children's Opera Chorus

assists pooled funds to create tax effective structures through the use of
derivatives, both onshore and offshore.

Acts for manufacturers of exchange-traded funds in connection with the
creation and ongoing operations of these funds.

Advises investment funds regarding the use of securities lending, repurchase
and reverse repurchase transactions.
PUBLICATIONS & PRESENTATIONS

Co-Author, "Canada Further Harmonizes Derivatives Trade Reporting Rules,"
BLG Derivatives Bulletin, March 2016

Co-Author, "Is It Clear Yet? - Final Countdown to Clearing of Derivatives in
Canada," BLG Derivatives Bulletin, March 2016.

Co-Author, "Other Canadian Provinces Implement Derivatives Scope and
Trade Reporting Rules," BLG Derivatives Bulletin, February 2016.

Author, "What Data Related to Your Reportable Derivative Transactions Will
Be Disseminated Publicly in July 2016?", BLG Derivatives Bulletin, November
2015.

Author, "Harmonized Derivatives Rules Proposed Across Many Canadian
Provinces," BLG Derivatives Client Bulletin, August 2015.

Author, "Compliance Review of Derivatives Dealers in Ontario to Start Soon,"
BLG Derivatives Alert, July 2015.

Author, "Marrying the Rules for ETFs and Mutual Funds?," BLG Investment
Management Bulletin, June 2015.

Author, "Don't be Late to the Party: The CSA Releases Proposed Rules
Relating to Mandatory Central Counterparty Clearing,"BLG Derivatives Bulletin,
February 2015.

Author, "Further Delays to Derivatives Data Reporting in Ontario and Some
Good News for Firms Subject to EU Derivatives Trade Reporting Rules," BLG
Derivatives Bulletin, February 2015.

Author, "Recovery Framework for Central Counterparties Proposed by
ISDA,"BLG Derivatives Bulletin, February 2015.

Author, "Discover what you need to know about the Canadian OTC Derivatives
Trading Facilities Consultation Paper,"BLG Derivatives Alert, February, 2015.

Author, "Proposed Derivatives Product Determination and Trade Reporting
Rules Announced By Five Additional Provinces," BLG Derivatives Alert,
January, 2015.

Author, "TSX Proposes New listing Requirements for Investment Funds and
Structured Products,"BLG Investment Management Bulletin, January, 2015.

Author, "Derivatives Sound Practices – Draft Guideline Released For
Federally- Regulated Financial Institutions In Canada", BLG Derivatives Client
Bulletin, October 2014.

Author, "Harmonized Securities Regulation for Canadian Public Investment
Funds Finalized With Twists (But There's More to Come),"BLG Investment
Management Bulletin, August 2014.
Avocats | Agents de brevets et de marques de commerce
© 2016 Borden Ladner Gervais S.E.N.C.R.L., S.R.L. («BLG»). Tous droits réservés

Author, "Harmonized Securities Regulation for Canadian Public Investment
Funds Finalized With Twists (But There's More to Come),"BLG Investment
Management Bulletin, July 2014.

Author, "Canadian Derivative Trade Reporting Rules Further Amended", BLG
Derivatives Client Bulletin, June 2014.

Author, "The Ontario Securities Commission Releases Amendments To OSC
Rule 91-507 Trade Repositories And Derivatives Data Reporting To Delay
Effective Date Of Trade Reporting Obligations", BLG Derivatives Client
Bulletin, April 2014.

Author, "Canadian OTC Derivatives Trade Reporting Obligations: What Steps
Should You Take?,"BLG Derivatives Client Bulletin, March 2014.

Author, "Proposed Rule on Customer Clearing and Protection of Customer
Collateral and Positions,"BLG Derivatives Client Bulletin, January 2014.

Author, "Clearing of Derivatives Comes to Canada,"BLG Derivatives Client
Bulletin, January 2014.

Author, "Proposed Rule on Customer Clearing and Protection of Customer
Collateral and Positions,"BLG Derivatives Client Bulletin, January 2014.

Author, "Derivatives Product Determination and Trade Reporting Rules –
Canadian Securities Regulators Issue Final Rules,"BLG Derivatives Client
Bulletin, November 2013.

Author, "Cross-Border Representations to Address CFTC Swap
Regulation,"BLG Derivatives Client Bulletin, October 2013.

Author, "Margin Requirements for Non-Centrally-Cleared Derivatives: BCBS
And IOSCO Release Final Policy Framework,"BLG Derivatives Client Bulletin,
September 2013.

Author, "Derivatives: Registration,"BLG Derivatives Client Bulletin, April 2013.

Author, "Margin Requirements for Non-Centrally-Cleared Derivatives: Updated
Proposals for International Standards – The Discussion Continues,"BLG
Derivatives Client Bulletin, April 2013.

Author, "Model Provincial Rules - Derivatives Product Determination and
Trade Repositories and Derivatives Data Reporting,"BLG Derivatives Client
Alert, January 2013.

Author, "U.S. Derivatives Trading by Canadian Fund Managers: Continued
Dodd-Frank Fallout,"BLG Investment Management Bulletin, November 2012.

Author, "International Standards For Derivatives Market Intermediary
Regulation,"BLG Derivatives Client Alert, July 2012.

Author, "Proposals for International Standards on Margin Requirements for
Non-Centrally-Cleared Derivatives,"BLG Derivatives Client Alert, July 2012.

Author, "Derivatives: OTC Central Counterparty Clearing,"BLG Derivatives
Client Alert, July 2012.

Speaker, "Regulatory Update," Exchanged Traded Forum 2012, April 2012.

Author, "Canadian Securities Administrators Release Consultation Paper 91405,"BLG Derivatives Client Alert, April 2012.

Author, "IOSCO Releases Consultation Paper - Principles for the Regulation
of Exchange Traded Funds,"BLG Investment Management Bulletin, March
Avocats | Agents de brevets et de marques de commerce
© 2016 Borden Ladner Gervais S.E.N.C.R.L., S.R.L. («BLG»). Tous droits réservés
2012.

Author, "Canadian Securities Administrators Release Consultation Paper 91404,"BLG Derivatives Client Alert, February 2012.

Speaker, "New Regulatory Frameworks for the Canadian and U.S. Derivatives
Market," Securities Regulation and Compliance conference, April 6-7, 2011.

Speaker, "The Use of Derivatives by Regulated and Unregulated Investment
Funds," Advanced Forum on Derivatives, January 2011.

Author, "Over-The-Counter (OTC) Derivatives Market in Canada: On the Road
to Reform and Regulation,"BLG Financial Services Client Update, November
2010.
RANKINGS & RECOGNITIONS

Selected by peers for inclusion in the 2016 edition (and since 2006) of The
Best Lawyers in Canada® (Mutual Funds Law).

Recognized in the 2015, 2014 and 2013 editions of The Canadian Legal
Lexpert® Directory (Investment Funds & Asset Management).

Martindale-Hubbell® BV® Distinguished™ 4.4 out of 5 Peer Review Rated.

Recognized as a leader in her field by Derivatives Week - an online publication
that reports on the global derivatives markets.
À PROPOS DE BORDEN LADNER GERVAIS S.E.N.C.R.L., S.R.L
Borden Ladner Gervais S.E.N.C.R.L., S.R.L. (BLG) est un grand cabinet juridique canadien
qui offre à ses clients une gamme complète de services, principalement en droit des affaires, litige commercial et arbitrage ainsi que propriété intellectuelle. BLG est l’un des
premiers cabinets juridiques en importance au pays; il compte plus de 725 avocats,
agents de propriété intellectuelle et autres professionnels dans 5 grandes villes du Canada. BLG répond aux besoins de ses clients, que ce soit en matière de litige, de financement ou d’enregistrement de brevets et de marques de commerce.
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© 2016 Borden Ladner Gervais S.E.N.C.R.L., S.R.L. («BLG»). Tous droits réservés