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Martin Fingerhut
Partner, Toronto Office
Telephone
416-863-2638
Facsimile
416-863-2653
email
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Profile
Martin Fingerhut is a Partner in the Firm's Financial Services Group and Chair of its Structured Finance Group. Martin was the founding chair of the American Bar Association's (ABA) Securitization and Derivatives Subcommittee, chair of the ABA's Business Financing Committee and vice-chair of the International Bar Association's Securitization Subcommittee. He was a member of the Expert Advisory Group to UNCITRAL with respect to the Convention on the Assignment of Receivables in International Trade. Martin is currently vice-chair of the ABA's recently formed Securitization and Structured Finance Committee.
Martin represents issuers, sellers, investment bankers, asset-backed commercial paper conduits, credit enhancers, financial guarantee insurers, liquidity providers, trustees, lenders, borrowers and rating agencies in domestic and cross-border lending, securitization, covered bond, factoring and other commercial finance transactions involving corporate and consumer loans, residential and commercial mortgages, trade receivables, credit card receivables, conditional sale contracts, floor plan loans, motor vehicle and equipment loans and leases, and natural resources.
Martin's commercial finance and securitization practice has been recognized by The Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada; Chambers Global: The World's Leading Lawyers for Business (banking and finance); The Canadian Legal Lexpert Directory in securitization and in asset/equipment finance and leasing; Legal Media Group's Guide to the World's Leading Banking Lawyers, Guide to the World's Leading Structured Finance and Securitization Lawyers and Guide to the World's Leading Capital Markets Lawyers; Law Business Research's The International Who's Who of Business Lawyers (for banking and for capital markets); The Best Lawyers in Canada (for banking law, equipment finance law and structured finance law); and IFLR1000: The Guide to the World's Leading Financial Law Firms. Chambers Global has written that "Martin Fingerhut enjoys a reputation as one of the truly great names in securitization."
Martin was elected as a fellow of the American College of Commercial Finance Lawyers in 1997 and is currently its president. He is an executive director of the Association of Commercial Finance Attorneys and the treasurer, a member of the Executive Committee and a director of Special Olympics Canada.
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Areas of Law
Structured Finance
Financial Services
Business
Information Technology
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Education
LL.M., Osgoode Hall Law School - 1980
Admitted to the Ontario Bar - 1971
LL.B., Osgoode Hall Law School - 1969
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Media Appearances
Quoted -
"Covered Bond Legislation Included in Canadian Govt. Budget",
Covered Bond Investor, June 25, 2010.
Quoted -
Debate Slows TALF's Canadian Twin",
Asset-Backed Alert, April 3, 2009.
Quoted -
"Tax Treaty May Open up U.S. ABS to Northern Neighbors",
Total Securitization, November 14, 2008.
Quoted -
"Royal Bank Pitches Canadian Paper to Fidelity as Demand Tumbles",
Bloomberg.com, July 3, 2008.
Quoted -
"Elimination of Withholding Tax",
Asset-Backed Alert, September 21, 2007.
Quoted -
"Canada Close to Cutting Interest Tax",
Article by Karen Sibayan, Asset Securitization Report, March 26, 2007.
Quoted -
"An End to Canadian Withholding Tax?",
Asset-Backed Alert, March 23, 2007.
Quoted -
"Federal Budget Delivers the Goods for Bond Buyers and Sellers",
Article by Harry Koza, The Globe and Mail, P. B10, March 23, 2007.
Quoted -
"Canadian Buyers Eager for Foreign Paper",
Asset-Backed Alert, November 3, 2006.
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Recent Publications
Co-author - "Canadian Federal Budget Announces Structured Finance Developments",
Blakes Bulletin on Securitization, March 2010.
Co-author - "Canadian Government Launches Consultation Process to Support Vehicle and Equipment Term ABS",
Blakes Bulletin on Securitization, February 2009.
Author - "Canadian Government to Support Vehicle and Equipment ABS",
Blakes Bulletin on Securitization, February 2009.
Author -
"Create New Opportunities to Securitize Canadian Receivables
",
Global ABS Daily Gazette, June 3, 2008.
Co-author - "New Opportunities to Securitize Canadian Interest-Bearing Receivables",
Blakes Bulletin on Securitization, November 2007; also published in The International Law Office newsletter, November 20, 2007.
Co-author -
"Implications of the Impending Elimination of Canadian Withholding Tax on Interest Payments",
ACC Docket, September 2007.
Author -
"Potential Changes in the Canadian Market",
Credit Suisse Asset-Backed Commercial Paper Newsletter, Week Ending March 30, 2007.
Author -
"Implications of the Impending Elimination of Withholding Tax on Interest Payments between the U.S. and Canada",
Asset Securitization Report (Daily), January 29, 2007.
Author - "Maple ABS – New Investors for U.S. and European Asset-Backed Securities",
Blakes Bulletin on Financial Services, November 2006.
Author -
"Investors Take Up Maple Asset-Backed Securities",
International Law Office Securitization Newsletter, November 28, 2006.
Author -
"Elimination of the Canadian Capital Tax - Implications for Cross-Border Securitization",
Consumer Finance Law Quarterly Report, Vol. 60, No. 3, P. 423, Fall 2006.
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Recent Professional Activities
Moderator -
"State of the Canadian and International Securitization Market: Where do we go from here?",
Canadian Structured Finance Forum, Niagara-on-the-Lake, Ontario, June 7, 2010.
Speaker -
"Securitization: Regulatory Developments",
Association of Commercial Finance Attorneys Annual Continuing Legal Education Workshop; Hamburg, NJ, May 23, 2010.
Chair and Moderator -
"DIP Securitization and Financings: What are They and How Do They Work?",
American Bar Association Annual Meeting, Chicago, Illinois, August 3, 2009.
Moderator and Speaker -
"State of the Canadian and International Securitization Market",
12th Annual Canadian Structured Finance Forum, Banff, Alberta, June 1, 2009.
Speaker -
"Introduction to Canadian Banking for U.S. Banking Lawyers",
American Bar Association Spring Meeting, Vancouver, British Columbia, April 18, 2009.
Speaker -
"Re-Regulation of Consumer Financial Services - Are we Condemned to Repeat Mistakes of the Past",
American Bar Association Spring Meeting, Vancouver, British Columbia, April 17, 2009.
Moderator and Speaker -
"Anatomy of a Canadian/U.S. Cross-Border Securitization Transaction",
American Bar Association Spring Meeting, Vancouver, British Columbia, April 16, 2009.
Speaker -
"Exploring Cross-Border Lending: Is it Alive and Well?",
Canadian Institute - Commercial Loan Finance & Security Conference, Toronto, Ontario, March 4-5, 2009.
Moderator/Speaker -
"Legal Framework for Covered Bonds",
Second Annual Covered Bonds Forum, Toronto, Ontario, February 25, 2009.
Speaker -
"Canadian Securitization Market Overview",
2009 American Securitization Forum Conference, Las Vegas, Nevada, February 8-11, 2009.
Participant -
"Canada Tackles the Credit Freeze",
American Securitization Journal Roundtable, Las Vegas, Nevada, February 2009.
Moderator and Panellist -
"Wheel of Misfortune",
Annual Continuing Legal Education Workshop of the Association of Commercial Finance Attorneys, Cambridge, MD, May 18, 2008.
Moderator -
"Cross-Border Securitization Panel
",
American Securitization Forum Winter Industry Conference, Las Vegas, NV, February 3-6, 2008.
Co-chair and Speaker -
"Legal Framework for Covered Bonds",
Covered Bonds Conference, Toronto, Ontario, January 23, 2008.
Editor -
"Doing Business in Canada",
PLC/Lex Mundi Handbook, 2008.
Editor -
"Doing Business in Canada: Ontario
",
PLC/Lex Mundi Handbook, 2008.
Speaker -
"Cross-Border Securitization Introduction to Securitization Conference
",
Institute for International Research, San Francisco, California, October 23, 2007.
Speaker -
"ABCs of Securitization",
American Bar Association, Washington, DC, June 21, 2007.
Speaker -
"Implications of Withholding Tax Repeal",
Insight 10th Annual Asset Securitization Forum, Whistler, BC, June 6, 2007.
Moderator -
"Three Key Issues - Planning for the Future",
Insight 10th Annual Asset Securitization Forum, Whistler, BC, June 6, 2007.
Speaker -
"Introduction to Securitization Conference",
Institute for International Research, New York, NY, April 24, 2007.
Speaker -
"Canada-U.S. and Provincial-Federal Issues in Cross-Border Financing",
Committee on Foreign & Comparative Law, New York City Bar Association, April 10, 2007.
Moderator/Speaker -
"Current Developments in Securitization and the UN Convention on the Assignments of Receivables in International Trade",
Spring Meeting of Business Section of American Bar Association, Washington, D.C., March 17, 2007.
Speaker -
"Update on Canadian Secured Transactions/Securitization Developments",
Spring Meeting of Business Section of American Bar Association, Washington, DC, March 16, 2007.
Moderator -
"Developments in Canadian PPP Financing",
Spring Meeting of Business Section of American Bar Association, Washington, DC, March 15, 2007.
Moderator & Speaker -
"Canadian Securitization Market Review",
American Securitization Forum, Las Vegas, Nevada, January 31, 2007.
Moderator & Speaker -
"Cross-Border Securitization",
ABS East Conference, Orlando, Florida, November 7, 2006.
Speaker -
"Securitization Think Tank: What's Coming Down the Pipe",
Insight Fixed Income Conference, Toronto, Ontario, October 24, 2006.
Speaker -
"Impact on Securitization of the UN Convention on the Assignment of Receivables in International Trade",
New York, NY, October 16, 2006.
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