Financial Institution Services
Before joining RZCD as associates in January 2009, Geoff Cauchi and Penny Rintoul practiced law in partnership with David J. Guiney, working as Guiney, Rintoul, Cauchi LLP - a part of Tanner & Guiney Associates. David Guiney retired from law in July 2008 and took the position of Chief Operating Officer of Tarion Home Warranty Corporation. Geoff and Penny acquired David's interest in the partnership, and moved their practices to RZCD to form our Banking and Financial Institutes Services Group. They continue to act as general legal counsel to Credit Union Central of Canada and over 120 Ontario Credit Unions as well as a small bank. Geoff and Penny strive to be as responsive to their institutional clients as if they occupied an office in their own building: they’re our external legal counsel with in-house attitude!
Geoff and Penny provide credit union-specific advice and representation in the following areas:
- Amalgamations between credit unions. Working with the Financial Services Commission of Ontario (FSCO), Geoff and Penny pioneered and helped refine the current regulatory approval process.
- Asset transfers between credit unions.
- Offering statements for the issuance of non-membership shares. Working with FSCO they pioneered and helped refine the current regulatory approval process.
- Applications to FSCO for various orders and approvals. Working with FSCO they pioneered and helped refine the current regulatory approval process.
- Mortgage securitization transactions and other asset securitizations.
- Member complaints involving FSCO and/or the Deposit Insurance Corporation of Ontario (DICO).
- New board member orientation re directors' duties and liabilities.
- Credit Union corporate governance, including assistance with the development and amendment of board policies.
- Regulatory compliance, including compliance with privacy legislation, anti-money laundering legislation, and Canadian Payment Association Rules.
- Credit Union by-laws and amendments.
- Interpretation of the Credit Unions and Caisses Populaires Act, 1994 and its associated regulations.
- Director relations
- Employment matters, including hiring, progressive discipline, and termination.
- Pre-litigation resolution of disputes.
- Lending and secured transactions, Personal Property Security Act compliance, development of transactional forms.
- Mortgage and loan enforcement, including power of sale transactions.
- Deposit broker arrangements.
- Outsourced services agreements and other networking and/or referral arrangements.
- Information technology agreements, including the purchase of banking systems.
- Independent representation on mortgage transactions.
- Real estate, including purchases and sales of properties and leasing.
- General corporate commercial law.
If you have any concerns or queries regarding any aspects of laws relating to Banking and Financial Institutes please don’t hesitate to contact the team at RZCD.