Marginal note:Definitions
177 (1) The definitions in this subsection apply in this Part.
adverse claim
opposition
adverse claim, in respect of a security, includes a claim that a transfer was or would be wrongful or that a particular adverse person is the owner of or has an interest in the security. (opposition)
bearer
porteur
bearer means the person who is in possession of a security that is payable to bearer or endorsed in blank. (porteur)
broker
courtier
broker means a person who is engaged in whole or in part in the business of buying and selling securities and who, in the transaction concerned, acts for, or buys a security from, or sells a security to a customer. (courtier)
delivery
livraison ou remise
delivery means voluntary transfer of possession. (livraison ou remise)
fiduciary
représentant
fiduciary means a trustee, guardian, committee, curator, tutor, executor, administrator, representative of a deceased person, or any other person acting in a fiduciary capacity. (représentant)
fungible
fongibles
fungible, in relation to securities, means securities of which any unit is, by nature or usage of trade, the equivalent of any other like unit. (fongibles)
genuine
authentique
genuine means free of forgery or counterfeiting. (authentique)
good faith
bonne foi
good faith, with respect to a transaction, means honesty in fact in the conduct of the transaction. (bonne foi)
good faith purchaser
acquéreur de bonne foi
good faith purchaser, with respect to a security in bearer form or order form or a security in registered form issued to the purchaser or endorsed to the purchaser or endorsed in blank, means a purchaser for value in good faith and without notice of any adverse claim who takes delivery of the security. (acquéreur de bonne foi)
holder
détenteur
holder means a person who is in possession of a security that is issued or endorsed to the person or to bearer or in blank. (détenteur)
issuer
émetteur
issuer includes a cooperative that
(a) is required by this Act to maintain a securities register; or
(b) directly or indirectly creates fractional interests in its rights or property and issues securities as evidence of the fractional interests. (émetteur)
overissue
émission excédentaire
overissue means the issue of securities in excess of any maximum number of securities that the issuer is authorized by its articles or a trust indenture to issue. (émission excédentaire)
purchaser
acquéreur
purchaser means a person who takes an interest in a security by sale, mortgage, hypothec, pledge, issue, reissue, gift or any other voluntary transaction. (acquéreur)
security or security certificate
valeur mobilière ou certificat de valeurs mobilières
security or security certificate means a document issued by a cooperative that is
(a) in bearer, order or registered form,
(b) of a type commonly dealt in on securities exchanges or markets or commonly recognized in any area in which it is issued or dealt in as a medium for investment,
(c) one of a class or series or by its terms divisible into a class or series of documents, and
(d) evidence of an investment share, participation or other interest in or obligation of a cooperative,
but does not include
(e) a membership share or a document evidencing a membership share, or
(f) a member loan or a document evidencing a member loan. (valeur mobilière ou certificat de valeurs mobilières)
transfer
transfert
transfer includes transmission by operation of law. (transfert)
trust indenture
acte de fiducie
trust indenture means a trust indenture as defined in section 266. (acte de fiducie)
valid
valide
valid means issued in accordance with the applicable law and the articles of the issuer, or validated under section 196. (valide)
Marginal note:Negotiable instruments
(2) Except when a transfer is restricted and noted on a security in accordance with subsection 183(2), a security is a negotiable instrument.
Marginal note:Registerable form
(3) A security is in registered form if it
(a) specifies a person who is entitled to the security or to the rights it evidences, and its transfer is capable of being recorded in a securities register; or
(b) bears a statement that it is in registered form.
Marginal note:Order form
(4) A debt obligation is in order form if, by its terms, it is payable to the order of a person specified with reasonable certainty in it or to a person to whom it is assigned.
Marginal note:Bearer form
(5) A security is in bearer form if it is payable to bearer according to its terms and not by reason of an endorsement.
Marginal note:Guarantor for issuer
(6) A guarantor for an issuer is deemed to be an issuer to the extent of the guarantee, whether or not the obligation is noted on the security.
- Date modified: