PrefLetter : Subscription Restrictions

I have just had the disclaimer of PrefLetter (Coming Soon!) prepared. Everybody will be familiar with these things – I needed to ensure that the work was clearly labelled as generic and that there were prohibitions against redistribution or other abuse.

Very disappointing. Not only did counsel cross out EVERY SINGLE MENTION of “thumbscrews” in the prohibition, but I am advised that “evisceration” is no longer considered a legal remedy. Hell.

And I’ve learnt about the subscription restrictions. As I am licensed in Ontario, I am able to sell subscriptions to any Ontario resident; there are also exemptions in place such that I can sell subscriptions to Quebec residents who are registered in Quebec. But nobody else, not unless I get registered in other provinces. I will, however, maintain a list of the business I’m losing due to these restrictions and will apply for registration anywhere I think I can at least break even.

The various levels of restriction seem a little strange to me:

  • I can accept investments in Malachite Aggressive Preferred Fund across Canada, provided the investor either meets the accreditation rules, or invests $150,000+.
  • I can offer segregated account management to Ontario residents only.
  • I can licence my software to anybody in Ontario, or to locally registered entities anywhere else in Canada.
  • I can sell subscriptions to PrefLetter to anybody in Ontario and registered entities in Quebec (there are a few other exemptions in Quebec, but listing them takes up a LOT of space).

I find it most peculiar, really. Especially the part about being able to offer a registered financial advisor in, say, Saskatchewan, a license for my software but not a subscription to my newsletter.

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