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Bank Act

Version of section 328 from 2006-04-27 to 2020-09-09:


Marginal note:Report to officers

  •  (1) It is the duty of the auditor or auditors of a bank to report in writing to the chief executive officer and chief financial officer of the bank any transactions or conditions that have come to the attention of the auditor or auditors affecting the well-being of the bank that in the opinion of the auditor or auditors are not satisfactory and require rectification and, without restricting the generality of the foregoing, the auditor or auditors shall, as occasion requires, make a report to those officers in respect of

    • (a) transactions of the bank that have come to the attention of the auditor or auditors and that in the opinion of the auditor or auditors have not been within the powers of the bank, and

    • (b) loans owing to the bank by any person the aggregate amount of which exceeds one half of one per cent of the regulatory capital of the bank and in respect of which, in the opinion of the auditor or auditors, loss to the bank is likely to occur,

    but when a report required under paragraph (b) has been made in respect of loans to any person, it is not necessary to report again in respect of loans to that person unless, in the opinion of the auditor or auditors, the amount of the loss likely to occur has increased.

  • Marginal note:Transmission of report

    (2) Where the auditor or auditors of a bank make a report under subsection (1),

    • (a) the auditor or auditors shall transmit the report, in writing, to the chief executive officer and chief financial officer of the bank;

    • (b) the report shall be presented to the first meeting of the directors following its receipt;

    • (c) the report shall be incorporated in the minutes of that meeting; and

    • (d) the auditor or auditors shall, at the time of transmitting the report to the chief executive officer and chief financial officer, provide the audit committee of the bank and the Superintendent with a copy.

  • 1991, c. 46, s. 328
  • 2005, c. 54, s. 74
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