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Marginal note:Form

• [...]

• Meaning of Director

  (2) For the purpose of subsection (1), in subsection 32(1) of the English version of the Canada Business Corporations Regulations, a reference to “Director” shall be read as a reference to “Superintendent”.

• (3) For the purpose of subsection (1), in the provisions referred to in that subsection,

  • (a) except in respect of subparagraph 35(ee)(i) and paragraph 35(gg) of the Canada Business Corporations Regulations, a reference to a “corporation” shall be read as a reference to a “bank” or a “bank holding company”, as the case may be;

  • (b)  beneficial ownership and security have the same meaning as in section 2 of the Act;

  • (c)  control , holding body corporate , subsidiary and affiliate have the same meaning as in sections 3, 4, 5 and 6, respectively, of the Act; and

  • (d)  insider has the same meaning as in

    • [...]

    • (ii) section 265 of the Act, as adapted by section 834 of the Act, in the case of a bank holding company.

• Meaning of Corporation

  (4) For the purpose of subsection (1), in subparagraph 35(ee)(i) and paragraph 35(gg) of the Canada Business Corporations Regulations, a reference to a “corporation” shall be read as a reference to a “bank, bank holding company or corporation”.

• Marginal note:Correspondence of references

  (5) For the purpose of subsection (1), in the provision of the Canada Business Corporations Regulations set out in column 1 of the table to this subsection, a reference to the provision of the Canada Business Corporations Act set out in column 2 shall be read as a reference to the provision of the Act set out in column 3 or 4, as applicable.

  Item	Column 1	Column 2	Column 3	Column 4
  Canada Business Corporations Regulations provision	Canada Business Corporations Act provision	Provision of the Act, in respect of a bank	Provision of the Act, in respect of a bank holding company
  1	32(1)	150(2)	156.05(2)	156.05(2), as adapted by section 746
  3	35(a)	148(4)	156.02(6)	156.02(6), as adapted by section 746
  6	35(dd)	173 or 174	217	217, as adapted by section 802

Marginal note:Financial statements

• 5 (1) If financial statements form part of a management proxy circular, the circular shall state that the statements have been prepared in accordance with the accounting principles and specifications of the Superintendent referred to in subsection 308(4) or 840(4), as the case may be, of the Act.

• Marginal note:Financial statements not reported

  (2) Financial statements referred to in subsection (1) that are not reported on by the auditor of the bank or of the bank holding company, shall be accompanied by a report of the chief financial officer of the bank or a report of the directors of the bank holding company stating that the financial statements have not been audited but have been prepared in accordance with the accounting principles and specifications of the Superintendent referred to in subsection 308(4) or 840(4), as the case may be, of the Act.

Marginal note:Coming into force

Footnote ^*7 These Regulations come into force on the day on which section 746 of the Bank Act, as enacted by section 183 of the Financial Consumer Agency of Canada Act, being chapter 9 of the Statutes of Canada, 2001, comes into force.

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