Bank Act (S.C. 1991, c. 46)

Act current to 2015-08-04 and last amended on 2015-06-23. Previous Versions

Marginal note:Notice of refusal
  •  (1) If a bank holding company refuses to include a proposal in a management proxy circular, it shall in writing notify the person submitting the proposal of its intention to omit the proposal from the management proxy circular and of the reasons for the refusal. It shall notify the person within the prescribed period after either the day on which it receives the proposal or, if it has requested proof under subsection 732(1.4), the day on which it receives the proof.

  • Marginal note:Application to court

    (2) On the application of a person submitting a proposal who claims to be aggrieved by a bank holding company’s refusal under subsection (1), a court may restrain the holding of the meeting at which the proposal is sought to be presented and make any further order that it thinks fit.

  • Marginal note:Appeal to court

    (3) A bank holding company or any person claiming to be aggrieved by a proposal may apply to a court for an order permitting the bank holding company to not attach the proposal to the notice of a meeting, and the court, if it is satisfied that subsection 732(5) applies, may make such order as it thinks fit.

  • Marginal note:Notice to Superintendent

    (4) An applicant under subsection (2) or (3) shall give the Superintendent written notice of the application and the Superintendent may appear and be heard at the hearing of the application in person or by counsel.

  • 2001, c. 9, s. 183;
  • 2005, c. 54, s. 96.
Marginal note:List of shareholders entitled to notice
  •  (1) A bank holding company shall prepare an alphabetical list of shareholders entitled to receive notice of a meeting showing the number of shares held by each shareholder

    • (a) if a record date is fixed under paragraph 726(5)(c), no later than 10 days after that date; and

    • (b) if no record date is fixed, on the record date determined under paragraph 726(6)(a).

  • Marginal note:Voting list

    (2) The bank holding company shall prepare an alphabetical list of shareholders entitled to vote as of the record date showing the number of shares held by each shareholder

    • (a) if a record date is fixed under paragraph 726(5)(d), no later than 10 days after that date; and

    • (b) if no record date is fixed under paragraph 726(5)(d), no later than 10 days after a record date is fixed under paragraph 726(5)(c) or no later than the record date determined under paragraph 726(6)(a), as the case may be.

  • Marginal note:Entitlement to vote

    (3) Subject to section 156.09, a shareholder whose name appears on a list prepared under subsection (2) is entitled to vote the shares shown opposite their name.

  • Marginal note:Examination of list

    (4) A shareholder may examine the list of shareholders

    • (a) during usual business hours at the head office of the bank holding company or at the place where its central securities register is maintained; and

    • (b) at the meeting of shareholders for which the list was prepared.

  • 2001, c. 9, s. 183;
  • 2005, c. 54, s. 97.