Credit Unions & Co-operatives

Credit unions and co-operatives have been an important part of the business landscape in Western Canada throughout the region’s history. The MLT Aikins credit unions and co-operatives team understands the legal landscape in the West and the co-operative principles which make credit unions and co-operatives unique in the way they do business. We combine this understanding with our knowledge of law and business practices in key industries to provide strategic legal advice to our credit union and co-operatives clients.

We have a long tradition of working with credit unions and co-operatives in a diverse range of industries, including financial services, energy, agriculture, communications and retail services. Our experience with the sector has encompassed the entire business cycle and includes advising on:

• Formation and capitalization of credit unions and co-operative associations
• Governance, membership and financial structuring
• Structuring and drafting of account, operations and lending agreements used by financial services participants
• Mergers and acquisitions and other fundamental strategic changes
• Privacy law matters
• IT procurement, outsourcing and other technology-related transactions including software acquisition and licensing, software development, re-sale and distribution and service contracts
• Regulatory compliance
• Taxation, including patronage dividend planning, tax-deferred regimes for co-operative shares and amendments to tax legislation
• Trademarks, patents, branding and product development
• Labour relations
• Risk management and litigation support

• Counsel to Federated Co-operatives Ltd. on a $138 million acquisition by plan of arrangement, including production facilities and infrastructure, of Triwest Exploration Inc., a Calgary-based oil company.
• Counsel to Concentra Financial Services Association on the structuring, negotiation and documentation of major merger and other strategic transactions.
• Counsel to Federated Co-operatives Ltd. in the negotiation and documentation of a major IT outsourcing services agreement.
• Counsel to Access Communications Cooperative on a $125 million acquisition of cable systems in Saskatchewan.
• Counsel to CUETS, CUCS and CUCA on sale of CUETS credit card acquiring business to First Data Resources and credit card issuing business to MBNA (2007).
• Counsel to Saskatchewan Wheat Pool on its conversion from a farmer-owned cooperative to a Canada Business Corporations Act corporation.
• Counsel to Credit Union Central of Alberta (Alberta Central), Celero Solutions and Credit Union Payment Services (CUPS) in connection with all manner of engagements and transactions.
• Counsel to Celero Solutions in its acquisition/licensing of key third-party technology and data for use in its Automated Risk Compliance (ARC) Solution related to regulatory monitoring and reporting obligations under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada).
• Ongoing adviser to Credit Union Electronic Account Management Services Association (CEAMS) in connection with its acquisition, licensing and implementation of electronic online account management, financial services and financial support services systems and software for use by CEAMS’s member credit unions.
• Counsel to Celero Solutions in its acquisition, licensing and implementation of key third party technology related to its core product portfolio, including its eroWORKS DNA-based banking system, its MemberDirect mobile, online and telephone banking services, and personal financial management and business intelligence services.
• Counsel to Alberta Central in acquisition and licensing of a suite of business-critical third party-owned core banking products and member forms.
• Ongoing adviser to Alberta Central regarding compliance and policy and process development with respect to customer and employee information privacy and data security.
• Ongoing adviser to Alberta Central regarding compliance with guidelines of the Office of the Superintendent of Financial Institutions and payment card industry standards, including the PCI Data Security Standard.