Carol Derk

Partner

Toronto
CDerk@blg.com
416.367.6181

Carol practises in the area of securities law, specializing in investment funds.

She works extensively for managers of mutual funds, exchange-traded funds and other investment funds, particularly in the area of new product development.

 

Carol has an extensive derivatives practice. She acts for investment funds and other entities that use derivatives, including:

  • negotiating the ISDA, futures and other standard documentation
  • advising on derivatives regulatory compliance matters
  • developing new derivatives-based products

Carol also practises in the blockchain and digital currency and asset space, advising investment funds and others that focus on, or are involved with, cryptocurrencies and blockchain technology.

Within BLG, Carol is the National Leader of our Derivatives Group and the National Co-Leader of our Cryptocurrency and Blockchain Group.

Experience

  • Fidelity Clearing Canada ULC and Fidelity Digital Asset Services regarding acting as a custodian of cryptocurrencies for clients in Canada.
  • Fidelity Investments Canada ULC and Mackenzie Financial Corporation in connection with their launch of exchange-traded funds in Canada.
  • Accelerate Financial Technologies regarding the launch of exchange-traded alternative mutual funds.
  • First Block Capital Inc. in connection with its launch of an exchange-traded fund focused on blockchain investments and its launch of a bitcoin fund sold on a private placement basis in Canada and abroad.
  • Vanguard Investments Canada Inc. in connection with its launch of exchange-traded funds, pooled funds and mutual funds in Canada.
  • Public and private investment funds on all issues relating to digital assets and derivatives on digital assets.
  • Investment fund managers on novel and structured products for all types of investment funds, particularly products that involve the extensive use of derivatives.
  • Investment funds regarding the use of securities lending, repurchase and reverse repurchase transactions.

Beyond Our Walls

Professional Involvement

  • Former Member, Fintech Advisory Committee, Ontario Securities Commission
  • Former Member, Securities Advisory Committee, Ontario Securities Commission
  • Member, Policy Committee, Canadian ETF Association
  • Member, Canada Legal and Canada Regulatory Committees, International Swaps and Derivatives Association
  • Member, Derivatives Subcommittee, Investment Funds Institute of Canada
  • Member, Canadian Bar Association

Community Involvement

  • Former Director, Women’s College Hospital
  • Founding Member, The Toronto New School
  • Former Director and Chair, Canadian Children's Opera Chorus

Awards & Recognitions

  • Recognized in the 2020 and 2018 editions (and since 2012) of The Canadian Legal Lexpert® Directory (Investment Funds and Asset Management) and in the 2020 edition (and since 2017) (Derivative Instruments).
  • Recognized in the 2021 edition (and since 2006) of The Best Lawyers in Canada® (Mutual Funds Law) and in 2021 for Securities Law.
  • Recipient of the Women's Executive Network (WXN) 2017 Canada's Most Powerful Women: Top 100 Award.
  • Recognized as a leader in her field by Derivatives Week — an online publication that reports on the global derivatives markets.

Bar Admission & Education

  • Ontario, 1986
  • LLB, University of Toronto, 1984
  • MA, University of Toronto, 1981
  • BA (Hons., major in Music History), University of Alberta, 1980