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Bank Act

Version of section 88 from 2006-11-28 to 2019-07-01:


Marginal note:Restrictions and charges

  •  (1) No charge in favour of a bank and no restriction on transfer other than a constraint under Part VII is effective against a transferee of a security issued by the bank if the transferee has no actual knowledge of the charge or restriction unless it or a reference to it is noted conspicuously on the security certificate.

  • Marginal note:No restriction

    (2) If any of the issued shares of a distributing bank remain outstanding and are held by more than one person, the bank may not restrict the transfer or ownership of its shares except by way of a constraint under Part VII.

  • Marginal note:Continuance

    (3) If a body corporate that is continued as a bank under this Act has outstanding security certificates and the words “private company” or “private corporation” appear on the certificates, those words are deemed to be a notice of a charge or restriction for the purposes of subsection (1).

  • 1991, c. 46, s. 88
  • 2005, c. 54, s. 13
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