Aggregate Financial Exposure (Trust and Loan Companies) Regulations

SOR/2001-365

TRUST AND LOAN COMPANIES ACT

Registration 2001-10-04

Aggregate Financial Exposure (Trust and Loan Companies) Regulations

P.C. 2001-1736  2001-10-04

Her Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to section 531Footnote a of the Trust and Loan Companies ActFootnote b, hereby makes the annexed Aggregate Financial Exposure (Trust and Loan Companies) Regulations.

INTERPRETATION

Definition of “Act”

 In these Regulations, “Act” means the Trust and Loan Companies Act.

AGGREGATE FINANCIAL EXPOSURE

Marginal note:Aggregate financial exposure

 For the purpose of subsection 483.2(1) of the Act, the aggregate financial exposure of a company is the amount determined by the formula

A + B + C - D

where

A 
is the book value of all investments by the company and its subsidiaries in securities of the related party;
B 
is the total of the principal amounts of all outstanding loans to the related party that are held by the company and its subsidiaries, other than
  • (a) loans referred to in paragraph 479(a) of the Act, and

  • (b) deposits made for clearing purposes with a financial institution that is a direct clearer or a member of a clearing group under the by-laws of the Canadian Payments Association;

C 
is the total of all outstanding amounts in respect of endorsements, acceptances or guarantees by the company and its subsidiaries on behalf of the related party, other than guarantees referred to in paragraph 479(a) of the Act; and
D  
is the total of all amounts included in the value of A, B and C in respect of transactions referred to in section 478 of the Act.

COMING INTO FORCE

Marginal note:Coming into force

Footnote * These Regulations come into force on the day on which section 483.2 of the Trust and Loan Companies Act, as enacted by section 552 of the Financial Consumer Agency of Canada Act, chapter 9 of the Statutes of Canada, 2001, comes into force.