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Bank Act

Version of section 401.3 from 2012-12-19 to 2020-07-28:


Marginal note:Suspension of voting rights held by governments

  •  (1) Despite section 148, no person shall, in person or by proxy, exercise any voting rights attached to any share of a bank that is beneficially owned by

    • (a) Her Majesty in right of Canada or of a province or any agency of Her Majesty in either of those rights; or

    • (b) the government of a foreign country or any political subdivision thereof, or any agency thereof.

  • Marginal note:Suspension of voting rights held by governments

    (2) Despite subsection 79.2(2), a member of a federal credit union must not, in person or by delegate, vote as a member of the federal credit union if the member is, or is an entity controlled by,

    • (a) Her Majesty in right of Canada or of a province or any agency of Her Majesty in either of those rights; or

    • (b) the government of a foreign country or any political subdivision thereof, or any agency thereof.

  • Marginal note:Exception

    (3) Subsections (1) and (2) do not apply to a foreign bank, or to a foreign institution, that is controlled by the government of a foreign country or any political subdivision of a foreign country, or by any agent or agency of a foreign government, if the share referred to in subsection (1), or, in the case of a federal credit union, a membership share, is beneficially owned by the foreign bank or foreign institution or by an entity controlled by the foreign bank or foreign institution.

  • Marginal note:Exception — eligible agent

    (4) Subsection (1) does not apply in respect of the exercise of voting rights attached to any share referred to in subsection 401.2(3).

  • Marginal note:Consequence of suspension of approval

    (5) If an approval referred to in subsection 401.2(3) is suspended, the eligible agent shall not exercise, in person or by proxy, any voting rights attached to any share of the bank that is beneficially owned by the eligible agent.

  • 2001, c. 9, s. 98
  • 2010, c. 12, s. 2072
  • 2012, c. 5, ss. 33, 223, c. 19, ss. 334, 348, c. 31, ss. 117, 155
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