Canada Business Corporations Act

Version of section 72 from 2003-01-01 to 2011-11-28:

Marginal note:Right to reclaim possession
  •  (1) A person against whom the transfer of a security is wrongful for any reason, including incapacity, may against anyone except a bona fide purchaser reclaim possession of the security or obtain possession of any new security evidencing all or part of the same rights or claim damages.

  • Marginal note:Recovery if unauthorized endorsement

    (2) If the transfer of a security is wrongful by reason of an unauthorized endorsement, the owner may reclaim possession of the security or a new security even from a bona fide purchaser if the ineffectiveness of the purported endorsement may be asserted against such purchaser under section 68.

  • Marginal note:Remedies

    (3) The right to reclaim possession of a security may be specifically enforced, its transfer may be restrained and the security may be impounded pending litigation.

  • R.S., 1985, c. C-44, s. 72;
  • 2001, c. 14, s. 135(E).
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