BANK ACTSubsidiaries that Hold Bank Holding Company Shares RegulationsP.C.2001-1804200110
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Her Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to section 978a of the Bank Actb, hereby makes the annexed Subsidiaries that Hold Bank Holding Company Shares Regulations.S.C. 2001, c. 9, s. 183S.C. 1991, c. 46InterpretationDefinitionsThe following definitions apply in these Regulations.Act means the Bank Act. (Loi )distribution meansa trade by or on behalf of a bank holding company in securities of the bank holding company that have not previously been issued; ora trade in previously issued securities of a bank holding company from the holdings of any person or group of persons who act in concert and who hold in excess of 10% of the shares of any class of voting shares of the bank holding company. (mise en circulation)regulated securities entity means a financial institution whose primary business is dealing in securities and that is regulated in its securities dealings by an Act of Parliament or of the legislature of a province or by the laws of a foreign country. (entité de valeurs mobilières réglementée)Holding of Bank Holding Company’s Shares by SubsidiaryWhere subsidiary may hold sharesFor the purpose of paragraph 714(c) of the Act, a bank holding company may, subject to section 3, permit a subsidiary of the bank holding company that is a regulated securities entity to hold shares of the bank holding company if the aggregate value of shares of the bank holding company held by all subsidiaries of the bank holding company that are regulated securities entities, other than shares referred to in section 716 of the Act, does not exceed 1% of the regulatory capital of the bank holding company.Exception for securities underwriterIf a subsidiary of a bank holding company is a regulated securities entity and is acting as a securities underwriter in connection with a distribution of shares of the bank holding company, the bank holding company may permit the subsidiary to hold shares of the bank holding company in excess of the limit set out in section 2 until the distribution is ended.Coming into ForceComing into forceThese Regulations come into force on the day on which section 714 of the Bank Act, as enacted by section 183 of the Financial Consumer Agency of Canada Act, chapter 9 of the Statutes of Canada, 2001, comes into force.[Note: Regulations in force October 24, 2001, see SI/2001-102.]