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Bank Act

Version of section 798 from 2006-04-27 to 2024-03-06:


Marginal note:Defence — due diligence

  •  (1) A director, officer or employee of a bank holding company is not liable under section 794 or 797 and has fulfilled their duty under subsection 748(2) if they exercised the care, diligence and skill that a reasonably prudent person would have exercised in comparable circumstances, including reliance in good faith on

    • (a) financial statements of the bank holding company that were represented to them by an officer of the bank holding company or in a written report of the auditor of the bank holding company fairly to reflect the financial condition of the bank holding company; or

    • (b) a report of a person whose profession lends credibility to a statement made by them.

  • Marginal note:Defence — good faith

    (2) A director or officer of a bank holding company has fulfilled their duty under subsection 748(1) if they relied in good faith on

    • (a) financial statements of the bank holding company that were represented to them by an officer of the bank holding company or in a written report of the auditor of the bank holding company fairly to reflect the financial condition of the bank holding company; or

    • (b) a report of a person whose profession lends credibility to a statement made by them.

  • 2001, c. 9, s. 183
  • 2005, c. 54, s. 115

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