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Alan Monk

Associate Counsel
Vancouver
About

Alan Monk has a broad-based corporate/commercial practice with a focus on securities law, corporate finance, mergers and ‎acquisitions, and related corporate and commercial transactions.  ‎

During his over 20 years of practice, Alan has been involved in numerous public and private financings, share and asset purchase and sale transactions, initial public ‎offerings and M&A transactions.  He has also advised on continuous disclosure, corporate governance, and ‎regulatory and stock exchange compliance for public companies primarily listed on the ‎TSX and the TSX Venture Exchange.‎

Alan has assisted clients ‎across multiple sectors, most notably the mining sector preparing and negotiating a variety of ‎commercial contracts (including option agreements, joint venture agreements, ‎royalty agreements, confidentiality agreements and offtake agreements), corporate and regulatory (primarily, National Instrument 43-101) compliance, and ‎transactions including the purchase and sale of mineral tenures and royalties. His expertise in mining law has been recognized by the Canadian Legal Lexpert Directory and Who’s Who Legal and he has lectured on ‎the subject since 2009 as Adjunct Professor of Mining Law at the Peter A. Allard ‎School of Law.

 
Areas of FocusMining and Mineral ResourcesEnergy and Natural ResourcesEnvironmental, Social and GovernanceCorporateFinanceMergers and AcquisitionsMedia, Sport and EntertainmentCorporate Venture CapitalEquity Capital MarketsPrivate Equity
Bar admissionsBritish Columbia, 1999

EXPERIENCE

  • Acted as lead counsel to a TSX listed company on a continuation and short-form vertical amalgamation ‎in British Columbia.  ‎
  • Acted as lead counsel to Great Bear Resources Inc., a TSX Venture listed company, in a $16.7 million ‎bought deal private placement of “flow-through” shares that closed on November 28, 2019.  ‎
  • Acted as lead counsel to a TSX listed company on the refinancing of a $150,000,000 credit facility.  ‎
  • Acted as lead counsel to Great Bear Resources Inc., a TSX Venture listed company, in a $10.9 million ‎bought deal private placement of “flow-through” shares that closed on July 3, 2019.  ‎
  • Acted as lead counsel to the sellers of a private U.S. based technology company to a Canadian public ‎‎(TSX Venture) company.   ‎
  • Acted as lead counsel to Great Bear Resources Inc., a TSX Venture listed company, in a $3.5 million ‎bought deal private placement of “flow-through” shares that closed on November 14, 2018.  ‎
  • Acted for a junior exploration company (TSX-V) acquiring optioned mineral properties in the United ‎States through the acquisition of a U.S. holding company.  
  • ‎Acted as counsel to a junior exploration company in divesting BC mining properties subject to a joint ‎venture, conducting an exempt financing, and acquiring mining properties in Ontario.  ‎
  • Acted as BC mining counsel in the preparation of a shareholders' agreement and related agreements for ‎an incorporated joint venture of a Newfoundland mining property.  ‎
  • Acted as counsel to a private mining company in connection with the preparation of a shareholders' ‎agreement, a royalty dispute, amendments to option agreements, and a proposed IPO and reverse ‎takeover.  ‎
  • Acted as lead counsel to the purchasers of a private physiotherapy clinic.   ‎
  • Acted as counsel to TSX Venture Exchange listed junior exploration company acquiring assets of a past-‎producing mine in British Columbia. ‎
  • Acted as counsel to a foreign-based metals company in negotiating and completing a corporate joint ‎venture in a past producing mine in British Columbia.  
Languages
  • English
Education
  • J.D., University of Alberta, 1997‎
  • M.B.A., University of British ‎Columbia, 1993‎
  • B.B.A.,  Simon Fraser University, ‎‎1991‎

Awards

  • Canadian Legal Lexpert® Directory (Mining Law), 2019‎; 2021; 2023 
  • Who's Who Legal - Mining, 2020-2021; 2022 (National Leader); 2023 (Global Leader)

Publications

  • ‎“SCC Paves the Way for National Securities Regulator, but What Will It Look Like?”, Banking & Finance ‎Law Review, Vol. 34, No.2, 2019‎
  • Author, “Amendments to British Columbia’s PPSA,” EKB, June 21, 2019‎
  • Co-author, “Supreme Court of Canada Decision Paves Way for More Efficient National Approach to ‎Securities Regulation,” EKB, May 31, 2019‎
  • Co-author, “Keeping Your Options Open: Illidge v. Sona Resources Corporation,” EKB, November 22, ‎‎2018‎
  • Co-author, “Canada on the Brink of National Securities Regulation,” EKB, November 22, 2018‎
  • Co-author, “Securities Authorities Say Cannabis Producers’ Disclosure Falls Short,” EKB, October 12, ‎‎2018‎
  • Co-author, “Royalty Companies’ Effect on Royalty Agreements and Other Recent Trends,” EKB, October ‎‎30, 2018‎
  • Author, “Canada Strengthens its Laws Against Bribery of Foreign Public Officials,” EKB, October 30, ‎‎2017‎
  • ‎“Understanding Streaming Agreements and Royalty Agreements: Alternatives to Traditional Financing”, ‎Rocky Mountain Mineral Law Foundation Journal, Vol. 51, No. 1, 2014‎
  • ‎“Canada Strengthens its Laws Against Bribery of Foreign Public Officials”, Rocky Mountain Mineral Law ‎Foundation Journal, Vol. 50, No. 2, 2013‎
  • Co-author of ”International Comparative Law Guide to Mining Law 2014” (Canada Chapter) published by ‎the Global Legal Group

Seminars

  • Presenter, “Streaming and Royalty Agreements”, Short Course on Mining Law, AME-BC Roundup 2015‎
  • Presenter, “Streaming and Royalty Agreements”, Mining Law Update – 2014, BC Continuing Legal ‎Education
  • Presenter’ “Streaming and Royalty Agreements”, 2nd Mining Agreements course, Federated Press, 2014‎
  • Presenter, “Building a Better MD&A Masterclass”, Infonex, 2014‎
  • Co-presented and co-authored “Royalty Companies Effect on Royalty Agreements and other Recent ‎Trends” for the Mining Law 2017 Course, Continuing Legal Education Society of British Columbia

Community Involvement and Teaching Engagements

  • Director and President, Circle Craft Co-operative (Granville Island, BC), 2005-2010‎
  • Adjunct Professor, Mining Law Peter A. Allard School of Law, University of British Columbia (since ‎‎2009)‎

Memberships And Affiliations

  • Law Society of British Columbia
  • Canadian Bar Association

My latest insights

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DLA Piper Canada advised Metalla Royalty & Streaming on US$20 million acquisition of...

7 December 2022 .1 minute read

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23 May 2022 .2 minute read

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Phone

+1 604 643 2978
(Work, Vancouver)
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