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Bank Act

Version of section 734 from 2003-01-01 to 2006-11-27:


Marginal note:Shareholder list

  •  (1) A bank holding company shall prepare a list, which may be in electronic form, of its shareholders entitled to receive notice of a meeting under paragraph 727(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 726(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 bank holding company fixes a record date under subsection 726(3), a person named in the list prepared under paragraph (1)(a) is, subject to this Part, 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 bank holding 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:Effect of list

    (3) Where a bank holding company does not fix a record date under subsection 726(3), a person named in the list prepared under paragraph (1)(b) is, subject to this Part, 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 bank holding 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 bank holding company may examine the list of shareholders referred to in subsection (1)

    • (a) during usual business hours at the head office of the bank holding 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.

  • 2001, c. 9, s. 183
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