Marginal note:Authority of directors and officers
669 A bank holding company or a guarantor of an obligation of a bank holding company may not assert against a person dealing with the bank holding company or with any person who has acquired rights from the bank holding company that
(a) the bank holding company’s incorporating instrument or any by-laws of the bank holding company have not been complied with,
(b) the persons named as directors of the bank holding company in the most recent return sent to the Superintendent under section 951 are not the directors of the bank holding company,
(c) the place named in the incorporating instrument or the by-laws of the bank holding company is not the head office of the bank holding company,
(d) a person held out by the bank holding company as a director, an officer or a representative of the bank holding company has not been duly appointed or has no authority to exercise the powers and perform the duties that are customary in the business of the bank holding company or usual for such director, officer or representative, or
(e) a document issued by any director, officer or representative of the bank holding company with actual or usual authority to issue the document is not valid or not genuine,
except where the person has or ought to have by virtue of the person’s position with or relationship to the bank holding company knowledge to that effect.
- 1999, c. 28, s. 65
- 2001, c. 9, s. 183
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