Groupe Dupuis Paquin

Securities and other financial products and services

The activities of the securities and other financial products and services industry are complex. However, they are not intricate enough to avoid the risk of criminal and penal prosecution altogether.

This industry is so notorious for its abuses that it is today carefully monitored by law enforcement agencies, such as the AMF (Autorité des Marchés Financiers and Integrated Market Enforcement Team (IMET).

Moreover, the community outrage was such that the provincial and federal legislators were forced to "arm" these organizations with an impressive arsenal of provisions severely punishing behaviors which are harmful to investors and our financial system's integrity.

One of the peculiarities of the prosecutions in this industry is that public authorities can often combine, for the same events, penal prosecution under certain laws and criminal prosecution under other laws. This is one example of the zero tolerance policy that this sector's players are facing.

Whether your company is active in this sector or is a client, we can guide you through the difficult decisions you will have to make.

In this practice area, our team meets your needs in several ways, including:

  • Regulatory Risk Analysis in securities and other financial products and services;
  • Development of internal procedures to prevent violations of laws on securities and other financial products and services;
  • Negotiation of amicable agreements with the victims of violations of the laws on securities and other financial products and services;
  • Negotiation of settlement agreements with the AMF or the Integrated Market Enforcement Teams;
  • Negotiation of settlement agreements with provincial or federal Crown attorneys;
  • Representation in court in case of penal or criminal prosecution for violating the Securities Act, the Act Respecting the Distribution of Financial Products and Services or the Criminal Code;
  • Private prosecutions for violations of laws on securities and other financial products and services.