Marc Lemieux practices corporate and commercial law and financial services litigation in the Banking and Finance group of Dentons Canada LLP’s Montreal Office.
Marc represents and advises providers and users of banking and financial services in a wide variety of markets. He negotiates credit, security and other agreements on behalf of banks and other lenders and SMEs and large corporate borrowers in connection with single lender, club deal and syndicated corporate, acquisition and project financings. He works with trade finance bankers, importers, exporters and insurers in commercial and litigious matters arising out of letters of credit or guarantee and other international trade finance operations. He assists vendors and purchasers of commercial and other claims in commercial and litigious matters arising out of factoring arrangements.
Marc also advises banks and other providers of financial services in connection with their special regulatory and legal compliance requirements, including anti-money laundering and terrorist financing legislation, Bank Act regulatory and compliance matters and privacy and consumer protection legislation. He negotiates commercial agreements and represents banks, payment networks and service providers and merchants in commercial and litigious matters arising out of the negotiation, clearing and settlement of payment instruments and the operations in bank and other payment accounts.
Marc lectures in banking and payment law at the Faculty of Law of McGill University and regularly speaks on topics related to his practice in industry events.
- Bank: Counsel to the administrative agent to a lending syndicate in the completion of a multi-jurisdictional US$150 million senior secured facility used by Optimal Payments Plc to finance the acquisition of all of the partnership interests of California-based payment processing entity TK Global Partners LP (doing business as 'Meritus Payment Solutions') as well as the assets of Global Merchant Advisors, Inc., a California-based online payments company. Optimal Payments is a global provider of online and mobile payment processing services in over 200 countries and territories with over 100 types of payment and multi-currency options.
- Agent: Representing a US Agent for Lenders in a syndicated facility in connection with the taking of security on assets located in Quebec (2013).
- Merchant: Advising in connection with a card acceptance agreement (2013).
- Bank: Preparing a course on the legal aspects of commercial lending for account managers (2013).
- Bank: Representing in connection with a $100 million yearly purchase of tax credits arrangement (2011 to present).
- Bank: Advising in connection with master participation agreements with foreign banks in trade finance operations (2013).
- Bank: Representing in connection with a CA$30 million mid-market corporate refinancing in the construction industry (2013).
- Bank: Advising in connection with the compliance issues arising out of the operations of a payment processor client serving the online lending and gambling industries (2013).
- Bank: Advising a Canadian bank in connection with a loan to a Canadian borrower financing the acquisition of an equipment by a Costa Rican joint-venture (2013).
- Bank: Advising in connection with a CA$40 million mid-market corporate refinancing in the mining industry (2013).
- Merchant: Advising in connection with the compliance of a prepaid card program to Quebec’s Money Services legislation (2013).
- Bank: Representing in a litigation arising out of the operations in a bank account of a deceased client (2013).
- Issuing bank: Representing in an injunction proceeding to prevent an allegedly fraudulent payment (2012).
- Bank: Advising in connection with the purchase of an account receivable (and related insurance) that the foreign debtor has failed to pay (2012).
- Bank: Advising in connection with the deposit of fraudulent cheques and representing in the proceedings taken by the client (2012).
- Bank: Advising to ensure that changes made to its line of credit contracts comply with Quebec and federal consumer protection legislation (2012).
- Foreign bank subsidiary: Advising in relation to the legal issues raised in Canada by FATCA (2012).
- Bank: Preparing a compliance matrix for a branch of a foreign bank (2012).
- Lender: Acting in connection with the extension of a CA$40 million acquisition financing (2011).
- Lender: Acting in connection with the extension of a CA$20 million acquisition financing (2011).
- Lender: Acting in connection with the subordination of an investment by way of preferred shares in the share capital of the borrower (2011).
- Bank: Reviewing and updating forms in connection with guarantees and standby letters of credit issued (2011).
- Martindale-Hubbell Distinguished BV Peer Review Rating
In the Media
- Quoted in, "One Way to Trade (and Get Paid) Faster", Profit Guide, March 12 2014
- Quoted in, "Courts Sees Credit Lawsuit", Blacklock’s Reporter, February 14, 2014
- Published “Permis, mais non offert”, La Presse, July 26, 2013
- Quoted in, "The End of Cash", Lexpert Magazine, January 2013
Activities and Affiliations
- Member, the Québec Bar
- Member, The Law Society of Upper Canada
- “Paper and electronic payment solutions for merchants in the food industry”, October 2013
- ''Aspects légaux et commerciaux des lettres de crédit et des lettres de garantie'', March 2013
- La banque, le marchand, le client et le cybercriminal”, February 2013
- “Aspects légaux du STPGV”, February 2013
- "An Introduction to Letters of Credit for Banking Lawyers", November 2012
- "Preparing the Legal Framework for Mobile and Other Emerging Payments", November 2012
- ''Legal Implication of FATCA for Canadian banks'', November 2012
- "La fraude et les cartes de crédit, les cartes de débit et les cartes prépayées", October 2012
- "Questions d’intérêt et développements récents en matière de paiements", October 2012
- "Moving B2B Payments Into The Digital Age", the Food Industry Credit Bureau, October 2012
- ''Quelle gouvernance pour l'industrie des paiements?'', September 2012
- "Quebec Court of Appeal Decision in Credit Card Currency Conversion Fee Class Action", August 2012
- “Developments in the Governance and Regulation of Payment Systems in Canada, the U.S. and Europe”, June 2012
- Banking Law in 2011: Latest News and Trends (available in French only), January 2012
- "The Regulatory Framework for Payments in Canada", October 2011 and December 2011
- The Supreme Court of Canada Finds a Limit to the Scope of the Requirement to Pay under Section 224 ITA, July 2011
- "Fundamental Legal Aspects of Credit and Credit Agreements", Canadian Institute Conference, June 2011
- "Proposed Federal Regulations Reinforce the Protection of Consumers of Financial Services", March 2011
- "The Regulation of Payment Cards in Canada: Recent Developments", September 2011