Trust and Loan Companies Act

Marginal note:Shareholder list

• 148 (1) A company shall prepare a list, which may be in electronic form, of its shareholders entitled to receive notice of a meeting under paragraph 141(1)(a), arranged in alphabetical order and showing the number of shares held by each shareholder, which list must be prepared

  • (a) if a record date is fixed under subsection 140(3), not later than ten days after that date; or

  • (b) if no record date is fixed,

    • (i) at the close of business on the day immediately preceding the day on which the notice is given, or

    • (ii) where no notice is given, on the day on which the meeting is held.

• Marginal note:Effect of list

  (2) Where a company fixes a record date under subsection 140(3), a person named in the list prepared under paragraph (1)(a) is, subject to this Act, entitled to vote the shares shown opposite that person’s name at the meeting to which the list relates, except to the extent that

  • (a) the person has transferred the ownership of any of those shares after the record date, and

  • (b) the transferee of those shares

    • (i) produces properly endorsed share certificates, or

    • (ii) otherwise establishes that the transferee owns the shares,

    and demands, not later than ten days before the meeting or such shorter period before the meeting as the by-laws of the company provide, that the transferee’s name be included in the list before the meeting,

  in which case the transferee may vote those transferred shares at the meeting.

• Marginal note:Idem

  (3) Where a company does not fix a record date under subsection 140(3), a person named in the list prepared under paragraph (1)(b) is, subject to this Act, entitled to vote the shares shown opposite that person’s name at the meeting to which the list relates, except to the extent that

  • (a) the person has transferred the ownership of any of those shares after the date on which a list was prepared under subparagraph (1)(b)(i), and

  • (b) the transferee of those shares

    • (i) produces properly endorsed share certificates, or

    • (ii) otherwise establishes that the transferee owns the shares,

    and demands, not later than ten days before the meeting or such shorter period before the meeting as the by-laws of the company provide, that the transferee’s name be included in the list before the meeting,

  in which case the transferee may vote those transferred shares at the meeting.

• Marginal note:Examination of list

  (4) A shareholder of a company may examine the list of shareholders referred to in subsection (1)

  • (a) during usual business hours at the head office of the company or at the place where its central securities register is maintained; and

  • (b) at the meeting of shareholders for which the list was prepared.