353. (1) In the case of the insolvency of an association,
(a) the payment of any amount due to Her Majesty in right of Canada, in trust or otherwise, except indebtedness evidenced by subordinated indebtedness, shall be a first charge on the assets of the association;
(b) the payment of any amount due to Her Majesty in right of a province, in trust or otherwise, except indebtedness evidenced by subordinated indebtedness, shall be a second charge on the assets of the association;
(c) the payment of the deposit liabilities of the association and all other liabilities of the association, except the liabilities referred to in paragraphs (d) and (e), shall be a third charge on the assets of the association;
(d) subordinated indebtedness of the association and all other liabilities that by their terms rank equally with or subordinate to such subordinated indebtedness shall be a fourth charge on the assets of the association; and
(e) the payment of any fines and penalties for which the association is liable shall be a last charge on the assets of the association.
Marginal note:Priority not affected
(2) Nothing in subsection (1) prejudices or affects the priority of any holder of any security interest in any property of an association.
(3) Priorities within each of paragraphs (1)(a) to (e) shall be determined in accordance with the laws governing priorities and, where applicable, by the terms of the indebtedness and liabilities referred to therein.
- 1991, c. 48, s. 353;
- 2001, c. 9, s. 296.
Constraints on Ownership
Marginal note:Constraining acquisition
354. (1) No person, or entity controlled by a person, shall, without the approval of the Minister, purchase or otherwise acquire any share of an association or purchase or otherwise acquire control of any entity that holds any share of an association if
(a) the acquisition would cause the person to have a significant interest in any class of shares of the association; or
(b) where the person has a significant interest in a class of shares of the association, the acquisition would increase the significant interest of the person in that class of shares.
Marginal note:Amalgamation, etc., constitutes acquisition
(2) If the entity that would result from an amalgamation, a merger or a reorganization would have a significant interest in a class of shares of an association, the entity is deemed to be acquiring a significant interest in that class of shares of the association through an acquisition for which the approval of the Minister is required under subsection (1).
(3) On application by an association, the Superintendent may exempt from the application of this section and section 355 any class of shares of the association that do not amount to more than 30% of the equity of the association.
Definition of “equity”
(4) For the purposes of this section, “equity”, in respect of an association, means its equity as determined in accordance with the regulations.
- 1991, c. 48, s. 354;
- 1993, c. 34, s. 54;
- 2001, c. 9, s. 297;
- 2007, c. 6, s. 158.
- Date modified: