Bank Act (S.C. 1991, c. 46)

Marginal note:Refusal to include proposal

• 144.2 (1) If a federal credit union refuses to include a proposal in a notice of a meeting referred to in section 138, it must, within the prescribed period after the day on which it receives the proposal or the day on which it receives the proof of eligibility under subsection 144.1(5), as the case may be, notify in writing the person submitting the proposal of its intention to omit the proposal from the notice and of the reasons for the refusal.

• Marginal note:Restraining order by court

  (2) On the application of a person submitting a proposal who claims to be aggrieved by a federal credit union’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 it thinks fit.

• Marginal note:Order to omit proposal from notice

  (3) A federal credit union or any person claiming to be aggrieved by a proposal may apply to a court for an order permitting the federal credit union to omit the proposal from a notice of meeting, and the court, if it is satisfied that subsection 144.1(7) applies, may make any order that it thinks fit.

• Marginal note:Notice to Superintendent

  (4) An applicant under subsection (2) or (3) must 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.

Marginal note:List of shareholders entitled to notice

• 145. (1) A bank 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 137(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 137(6)(a).

• Marginal note:List of members entitled to notice

  (1.1) A federal credit union must also prepare an alphabetical list of members entitled to receive notice of a meeting

  • (a) if a record date is fixed under paragraph 137(5)(c), no later than 10 days after that date; or

  • (b) if no record date is fixed, on the record date determined under paragraph 137(6)(a).

• Marginal note:Voting list

  (2) The bank 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 137(5)(d), no later than 10 days after that date; and

  • (b) if no record date is fixed under paragraph 137(5)(d), no later than 10 days after a record date is fixed under paragraph 137(5)(c) or no later than the record date determined under paragraph 137(6)(a), as the case may be.

• Marginal note:Voting list — members

  (2.1) A federal credit union must also prepare an alphabetical list of members entitled to vote as of the record date

  • (a) if a record date is fixed under paragraph 137(5)(d), no later than 10 days after that date; or

  • (b) if no record date is fixed under paragraph 137(5)(d), no later than 10 days after a record date is fixed under paragraph 137(5)(c) or no later than the record date determined under paragraph 137(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 of a bank that is not a federal credit union may examine the list of shareholders

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

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

• Marginal note:Examination of list

  (5) A person who is entitled to vote at a meeting of a federal credit union may examine a list that relates to the meeting

  • (a) during usual business hours at the head office of the federal credit union or at the place where its members register or central securities register is maintained; and

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