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Bank Act

Version of section 405 from 2012-12-19 to 2022-07-25:


Marginal note:Arrangements to effect compliance

  •  (1) The directors of a bank may make such arrangements as they deem necessary to carry out the intent of this Part and, in particular, but without limiting the generality of the foregoing, may

    • (a) require any person in whose name a share or membership share of the bank is held to submit a declaration setting out

      • (i) the beneficial ownership of the share or membership share, and

      • (ii) any other information that the directors consider relevant for the purposes of this Part;

    • (b) require any person who wishes to have a transfer of a share or membership share registered in the name of, or to have a share or membership share issued to, that person to submit a declaration referred to in paragraph (a) as though the person were the holder of that share or membership share; and

    • (c) determine the circumstances in which a declaration referred to in paragraph (a) is to be required, the form of the declaration and the times at which it is to be submitted.

  • Marginal note:Order of Superintendent

    (2) The Superintendent may, by order, direct a bank to obtain from any person in whose name a share or membership share of the bank is held a declaration setting out the name of every entity controlled by that person and containing information concerning

    • (a) the ownership or beneficial ownership of the share or membership share; and

    • (b) such other related matters as are specified by the Superintendent.

  • Marginal note:Compliance required

    (3) As soon as possible after receipt by a bank of a direction under subsection (2),

    • (a) the bank shall comply with the direction; and

    • (b) every person who is requested by the bank to provide a declaration containing information referred to in subsection (1) or (2) shall comply with the request.

  • Marginal note:Outstanding declaration: effect

    (4) If, under this section, a declaration is required to be submitted by a shareholder, member or other person in respect of the issue or transfer of any share or membership share, a bank may refuse to issue the share or membership share or register the transfer unless the required declaration is submitted.

  • 1991, c. 46, s. 405
  • 2010, c. 12, s. 2076
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