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Bank Act

Version of section 385 from 2012-12-19 to 2024-04-01:


Marginal note:Public holding requirement

  •  (1) Every bank with equity of two billion dollars or more but less than twelve billion dollars shall, from and after the day determined under this section in respect of that bank, have, and continue to have, voting shares that carry at least 35 per cent of the voting rights attached to all of the outstanding voting shares of the bank and that are

    • (a) shares of one or more classes of shares that are listed and posted for trading on a recognized stock exchange in Canada; and

    • (b) shares none of which is beneficially owned by a person who is a major shareholder of the bank in respect of the voting shares of the bank or by any entity that is controlled by a person who is a major shareholder of the bank in respect of such shares.

  • Marginal note:Exception — federal credit union

    (1.1) Subsection (1) does not apply in respect of a federal credit union.

  • Marginal note:Determination of day

    (2) The day referred to in subsection (1) is

    • (a) if the bank had equity of two billion dollars or more but less than twelve billion dollars on the day the bank came into existence, the day that is three years after that day; and

    • (b) in any other case, the day that is three years after the day of the first annual meeting of the shareholders of the bank held after the equity of the bank first reaches two billion dollars.

  • Marginal note:Extension

    (3) If general market conditions so warrant and the Minister is satisfied that a bank has used its best efforts to be in compliance with this section on the day determined under subsection (2), the Minister may specify a later day as the day from and after which the bank must comply with subsection (1).

  • 1991, c. 46, s. 385
  • 2001, c. 9, s. 98
  • 2007, c. 6, ss. 132, 133
  • 2010, c. 12, s. 2067
  • 2012, c. 5, s. 25

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