Vancouver, British Columbia · Plan · Capital · Follow-through
LEGATISExecutive Partners
Legal & compliance

How we operate within the rules that govern business transactions in British Columbia.

What Legatis does, what it does not do, and how the regulated steps in a mandate are handled - activity by activity, with the licence each one sits under.

Regulatory framework

Three regimes govern the sale, financing and transfer of a business.

Each is administered by a different regulator, and each defines activities that may only be performed by a registered or licensed party.

Securities Securities Act (British Columbia) · National Instrument 31-103 · British Columbia Securities Commission

The sale of shares of a corporation, a merger effected by share exchange, and any raise of equity or investment capital are trades in securities. A person in the business of trading in securities, including one compensated for arranging such trades, must be registered. Legatis is not registered and does not trade in securities.

Real estate Real Estate Services Act (British Columbia) · BC Financial Services Authority

Trading services in respect of real estate, including the sale or lease assignment of business premises as part of a business sale, may only be provided by a licensee. Legatis is not licensed and refers any real estate component of a transaction to one of its licensed brokerage partners.

Lending Mortgage broker legislation (British Columbia) · BC Financial Services Authority · federal criminal interest rate provisions

Arranging loans secured by real property requires mortgage broker registration. Arranging unsecured or non-real-estate commercial loans from institutional lenders does not. Legatis arranges the latter only, and does not raise loan capital from private individuals.

Who does what

Activity by activity.

ActivityPerformed byAuthorityEngagement with client
Strategic advisory, analysis, coaching, Gameplan, exit readinessLegatisUnregulated professional serviceLegatis engagement agreement and Fee Letter
Commercial loan brokering with institutional lenders (not real-estate-secured)LegatisOutside securities and mortgage broker registrationLegatis engagement agreement and Fee Letter
Asset sale or purchase of a business with no real estate componentLegatis, with client counsel and accountantsNot a trade in securities; not a real estate serviceLegatis engagement agreement and Fee Letter
Share sale, merger by share exchange, equity or investment raiseOur registered dealer partnersRegistered exempt market dealer, BCSCDealer's own engagement; referral disclosed by Legatis
Sale, purchase or lease assignment of real propertyLicensed brokerage partnersLicensed brokerage, BCFSABrokerage's own engagement; any referral fee disclosed
Loans secured by real propertyLicensed mortgage brokerRegistered under BC mortgage broker legislationBroker's own engagement
Legal drafting, opinions, tax advice, valuations, audited statementsCounsel, CPAs, CBVsRegulated professionsEach professional's own engagement
Holding client funds, deposits or securitiesNever LegatisTrust accounts of counsel, the dealer or the brokerage as applicablePer the responsible professional
Referral arrangements

How referrals to registered firms are handled.

Registered dealers are subject to specific requirements when they pay or receive referral fees. Our arrangements are designed to meet them.

Written agreementA referral agreement between Legatis and the registered firm is in place before any referral is made, setting out the terms and the fee.
Client disclosureBefore the client receives any service from the registered firm, the client receives written disclosure of the arrangement, the fee and how it is calculated, and any conflict of interest.
Scope of Legatis's roleLegatis introduces the client and remains its strategic advisor. Legatis does not solicit investors, negotiate securities terms, distribute offering materials or provide advice on the merits of a securities transaction.
The Fee LetterAny referral fee expected on a file is listed in the client's Fee Letter alongside Legatis's own fees, so the client sees total compensation in one place.
Real estate referralsLegatis does not solicit real estate clients. Where a mandate incidentally involves real property, the client is referred to one of our licensed brokerage partners, and any referral fee is disclosed.
Conflicts of interest

Legatis does not act for both parties to a transaction without the informed, written consent of each. We disclose any relationship with a counterparty, lender or partner that could reasonably be seen to affect our advice. Where a conflict cannot be managed by disclosure, we decline or withdraw from the mandate.

Confidentiality

Client information is held in confidence and used only for the purpose of the engagement. Non-disclosure agreements are signed with prospective buyers, targets and partners before confidential information is shared. Transaction data is maintained in a controlled data room with access logged.

Privacy

Legatis collects, uses and discloses personal information in accordance with British Columbia's Personal Information Protection Act. Information is collected only as required for the engagement, retained only as long as necessary and never sold, never shared for marketing purposes, and shared with a lender or partner only with the client's consent. If you create a free account for the business plan, loan pack and net worth tools, what you save is stored in Canada and used to run the tools for you and, with your agreement, to suggest how Legatis could help your business; your personal net worth statement is not viewed by Legatis. You may ask for your account and everything in it to be deleted at any time. Requests concerning personal information may be directed to admin@lepstrategy.com. Our full Privacy Policy and Terms of Use set out the details.

Complaints and concerns

Concerns about the conduct of Legatis may be raised directly with the managing partner at admin@lepstrategy.com and will be acknowledged within five business days. Concerns about a registered or licensed partner may also be raised with that firm and, where appropriate, with its regulator.

Disclaimer

Nature of our services.

Legatis Executive Partners Inc. provides business advisory, coaching and commercial loan brokering services. Legatis is not registered under the Securities Act (British Columbia) or any other Canadian securities legislation, is not licensed under the Real Estate Services Act (British Columbia) and is not registered as a mortgage broker. Legatis is not a law firm, an accounting firm or a valuation firm.

Nothing on this website constitutes legal, tax, accounting, investment or valuation advice, or an offer or solicitation of any security. Clients should obtain independent professional advice appropriate to their circumstances. Descriptions of legislation and regulatory requirements are general summaries and may not reflect the most recent amendments or interpretations.

Examples on this website are illustrative and do not guarantee any outcome. The fees for each engagement are set out in its written Fee Letter.