Bank Act (S.C. 1991, c. 46)

Act current to 2014-10-27 and last amended on 2014-06-19. Previous Versions

Marginal note:Option holders

 A person requiring a bank holding company to supply a basic list or a supplemental list of shareholders may also require the bank holding company to include in that list the name and address of any known holder of an option or right to acquire shares of the bank holding company.

  • 2001, c. 9, s. 183.
Marginal note:Use of shareholder list

 A list of shareholders obtained under section 817 shall not be used by any person except in connection with

  • (a) an effort to influence the voting of shareholders of the bank holding company;

  • (b) an offer to acquire shares of the bank holding company; or

  • (c) any other matter relating to the affairs of the bank holding company.

  • 2001, c. 9, s. 183.
Marginal note:Form of records
  •  (1) A register or other record required or authorized by this Part to be prepared and maintained by a bank holding company

    • (a) may be in a bound or loose-leaf form or in a photographic film form; or

    • (b) may be entered or recorded by any system of mechanical or electronic data processing or any other information storage device that is capable of reproducing any required information in intelligible written form within a reasonable time.

  • Marginal note:Conversion of records

    (2) Registers and records maintained in one form may be converted to any other form.

  • Marginal note:Destruction of converted records

    (3) Notwithstanding section 823, a bank holding company may destroy any register or other record referred to in subsection (1) at any time after the register or other record has been converted to another form.

  • 2001, c. 9, s. 183.
Marginal note:Protection of records

 A bank holding company and its agents shall take reasonable precautions to

  • (a) prevent loss or destruction of,

  • (b) prevent falsification of entries in,

  • (c) facilitate detection and correction of inaccuracies in, and

  • (d) ensure that unauthorized persons do not have access to or use of information in

the registers and records required or authorized by this Part to be prepared and maintained.

  • 2001, c. 9, s. 183.
Marginal note:Requirement to maintain copies and process information in Canada
  •  (1) If the Superintendent is of the opinion that it is incompatible with the fulfilment of the Superintendent’s responsibilities under this Act for a bank holding company to maintain, in another country, copies of records referred to in section 815 or of its central securities register or for a bank holding company to process, in another country, information or data relating to the preparation and maintenance of those records or of its central securities register — or if the Superintendent is advised by the Minister that, in the opinion of the Minister, it is not in the national interest for a bank holding company to do any of those activities in another country — the Superintendent shall direct the bank holding company to not maintain those copies, or to not process the information or data, as the case may be, in that other country or to maintain those copies or to process the information or data only in Canada.

  • Marginal note:Bank holding company to comply

    (2) A bank holding company shall without delay comply with any direction issued under subsection (1).

  • 2001, c. 9, s. 183;
  • 2005, c. 54, s. 122;
  • 2007, c. 6, s. 117.