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Canada – What You Don’t Know May Cost You: Common Mistakes that US Lawyers Make in Canadian Cross-Border Transactions

Date: 05/02/2011
Professional: Jonathan Fleisher
Conference: 2011 Legal Forum
Organizer: Equipment Leasing and Finance Association
City: Scottsdale, Arizona

On May 2, 2011, Jonathan Fleisher will be a discussion leader for a Roundtable Discussion Group entitled, "Canada – What You Don’t Know May Cost You: Common Mistakes that US Lawyers Make in Canadian Cross-Border Transactions," at the Equipment Leasing and Finance Association (ELFA) 2011 Legal Forum.

The volume of cross-border transactions involving Canadian debtors/lessees and US finance and leasing companies is increasing at an ever-growing pace. There are significant business opportunities for US finance and leasing companies. However, the US institutions that have had the most success in penetrating the Canadian market are those that appreciate the subtle (and sometimes not so subtle) differences involved in doing business in Canada. This interactive roundtable will focus on those areas where US and Canadian law and practices most differ and where mistakes are often made. In particular, there will be direct discussions of true leases versus finance leases; Canadian withholding taxes; PPSA concerns and registration issues; impact of Canadian bankruptcy laws; cross border securitization opportunities and challenges; and documentation and domestic syndication differences.


Jonathan is a partner in the Financial Services and Business Law Groups. His financial services practice focuses on the commercial finance industry with a particular emphasis on innovative cross-border transactions and equipment finance. He has particular expertise assisting US commercial finance companies, with establishing operations in Canada providing both legal and practical business advice. He is the only Canadian lawyer to sit on a sub-committee of the Equipment Leasing and Finance Association.