Bank Act (S.C. 1991, c. 46)
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Act current to 2013-05-26 and last amended on 2013-05-25. Previous Versions
Marginal note:Exemption of foreign banks
14.2 The Governor in Council may make regulations exempting any class of foreign banks from the application of any provision of this Act.
- 2001, c. 9, s. 43.1.
PART II
STATUS AND POWERS
Marginal note:Corporate powers
15. (1) A bank has the capacity of a natural person and, subject to this Act, the rights, powers and privileges of a natural person.
Marginal note:Powers restricted
(2) A bank shall not carry on any business or exercise any power that it is restricted by this Act from carrying on or exercising, or exercise any of its powers in a manner contrary to this Act.
Marginal note:Business in Canada
(3) A bank may carry on business throughout Canada.
Marginal note:Powers outside Canada
(4) Subject to this Act, a bank has the capacity to carry on its business, conduct its affairs and exercise its powers in any jurisdiction outside Canada to the extent and in the manner that the laws of that jurisdiction permit.
Marginal note:No invalidity
16. No act of a bank or authorized foreign bank, including any transfer of property to or by a bank or authorized foreign bank, is invalid by reason only that the act or transfer is contrary to
(a) in the case of a bank, the bank’s incorporating instrument or this Act; or
(b) in the case of an authorized foreign bank, this Act.
- 1991, c. 46, s. 16;
- 1999, c. 28, s. 6.
Marginal note:By-law not necessary
17. It is not necessary for a bank to pass a by-law in order to confer any particular power on the bank or its directors.
Marginal note:No personal liability
18. (1) The shareholders of a bank are not, as shareholders, liable for any liability, act or default of the bank except as otherwise provided by this Act.
Marginal note:No personal liability — federal credit unions
(2) The members of a federal credit union are not, as members, liable for any liability, act or default of the federal credit union except as otherwise provided by this Act.
- 1991, c. 46, s. 18;
- 2010, c. 12, s. 1903.
Marginal note:No constructive notice
19. No person is affected by or is deemed to have notice or knowledge of the contents of a document concerning a bank or authorized foreign bank by reason only that the document has been filed with the Superintendent or the Minister or is available for inspection at a branch of the bank or authorized foreign bank.
- 1991, c. 46, s. 19;
- 1993, c. 34, s. 6(F);
- 1999, c. 28, s. 7.
- Date modified: