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Bank Act

Version of section 238 from 2003-01-01 to 2012-12-18:


Marginal note:Bank records

  •  (1) A bank shall prepare and maintain records containing

    • (a) its incorporating instrument and the by-laws of the bank and all amendments thereto;

    • (b) minutes of meetings and resolutions of shareholders;

    • (c) the information referred to in paragraphs 632(1)(a), (c) and (e) to (h) contained in all returns provided to the Superintendent pursuant to section 632;

    • (d) particulars of any authorizations, conditions and limitations established by the Superintendent pursuant to section 53 or subsection 54(1) that are from time to time applicable to the bank;

    • (e) particulars of exceptions granted under section 39, 55 or 231 that are from time to time applicable to the bank; and

    • (f) particulars from Schedule I or II that are applicable to the bank as they are from time to time amended and published in the Canada Gazette.

  • Marginal note:Additional records

    (2) In addition to the records described in subsection (1), a bank shall prepare and maintain adequate

    • (a) corporate accounting records;

    • (b) records containing minutes of meetings and resolutions of the directors and any committee thereof; and

    • (c) records showing, for each customer of the bank, on a daily basis, particulars of the transactions between the bank and that customer and the balance owing to or by the bank in respect of that customer.

  • Marginal note:Continued banks

    (3) For the purposes of paragraph (1)(b) and subsection (2),

    • (a) in the case of a body corporate continued as a bank under this Act, records includes similar records required by law to be maintained by the body corporate before it was so continued; and

    • (b) in the case of a body corporate amalgamated and continued as a bank under this Act, records includes similar records required by law to be maintained by the body corporate before it was so amalgamated.

  • 1991, c. 46, s. 238
  • 1997, c. 15, s. 29(E)
  • 1999, c. 28, s. 16

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