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The Bill proposes to permit FRFIs to enter into arrangements with “any person” in respect of carrying on certain activities or providing certain services. It would also allow FRFIs to refer people to “another person” without limitation. These changes will allow FRFIs and fintechs (and others) to work together and mutually refer customers, which may help foster greater collaboration in the financial technology space, resulting in greater innovation. Under the existing legislation, FRFIs are permitted to make a substantial investment in other financial institutions or entities whose business is limited to certain listed activities or combinations of listed activities. If the entity in which a FRFI wishes to invest carries on any other activities, the investment may be prohibited or restricted by the specialized financing or temporary investment rules. In the past this has restricted the ability of FRFIs to invest in fintechs and other entities outside of the financial services industry. The Bill proposes to allow FRFIs to invest in an entity if a majority of the entity’s business consists of financial services activities of the type that the investor FRFI may engage in (not including the additional powers discussed above). What is considered a “majority” will be prescribed by regulation, implying that the analysis will be more complex than an estimation of 50 per cent of the target entity’s activities and may require ongoing monitoring. Although perhaps not as open as some FRFIs may have wished, the proposed amendments would greatly expand the investment options of FRFIs, particularly in the financial technology space where many entities develop technology that is of potential value to FRFIs — as well as technology that is unrelated to financial services — which previously disqualified such entities from investment by FRFIs. The potential targets of investment by FRFIs would also likely welcome the proposed changes, which would broaden the pool of potential investors. Insurance Company Investments in Infrastructure Entities In addition to the expanded investment powers discussed above, the Bill introduces infrastructure entities as a permitted investment for federally regulated life insurers, subject to various conditions that are to be prescribed by regulation. A “permitted infrastructure entity” is an entity that only makes investments in “infrastructure assets”, which are physical assets, including long-lived physical assets that support the delivery of public services.
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