Windsor Star

Syndicated mortgage market ‘on notice’: watchdog

- Barbara Shecter

canadian securities regulators are proposing more stringent rules for the selling of controvers­ial syndicated mortgages, in which two or more investors are lenders in A debt obligation secured by the same mortgage. improved investor protection is the primary aim of the changes proposed by the canadian securities administra­tors, which will remove exemptions that allowed the investment­s to be sold without registerin­g with regulators or filing A detailed prospectus in several jurisdicti­ons, including ontario. “these offerings potentiall­y raise investor protection concerns, particular­ly when sold to retail investors,” the CSA said thursday, noting that the new rules would harmonize the regulation of syndicated mortgages across the country.

eealer registrati­on with regulators would be required under the new rules even if exemptions are obtained — such as A so-called offering memorandum exemption — that allow syndicated mortgages to be sold to retail investors. in addition, there would be stepped-up disclosure obligation­s to prospectiv­e purchasers, as well as A requiremen­t that property appraisals are prepared by A qualified appraiser who is independen­t from the issuer.

“what we have proposed puts the market on notice,” said huston poke, director of ontario securities commission’s corporate finance branch.

the CSA is conducting A 90day consultati­on on its proposed changes, which is expected to draw comments and potentiall­y objections from industry players. nothing is inherently wrong with syndicated mortgages, but they CAN be risky when they are used to raise seed financing for real estate developmen­ts that may be years from completion, the CSA said. they are also sometimes sold based on the projected value of the completed developmen­t, and may not be fully secured because the amount of the loan may “significan­tly ” exceed the fair value of the land, according to the umbrella group for canada’s provincial securities regulators.

in addition, A syndicated mortgage CAN be subordinat­e to future financings, such as constructi­on financing, and may be offered by issuers with no source of income, meaning payments of ongoing interest is dependent on future financing or reserves from the principal advanced.

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