I-13.2.2, r. 1 - Regulation respecting the application of the Deposit Institutions and Deposit Protection Act

Section 6 Disposition versions

2020-04-30

6. A legal person applying for authorization from the Autorité des marchés financiers to carry on deposit institution activities in Québec must submit its application for authorization together with the following documents and information:

(1)  an insurance certificate attesting that the legal person holds fidelity insurance;

(2)  where applicable, a detailed statement of deposits of money that it holds outside Québec;

(3)  a copy of the resolution of the board of directors authorizing the legal person to apply to the Authority for an authorization to carry on deposit institution activities in Québec;

(4)  a business plan covering a minimum period of 3 years, setting out its planned deposit institution activities for Québec and detailing, in particular:

(a)  the legal person’s financial capacity, including its current financial position and its financial forecasts related to the planned activities;

(b)  its business strategy;

(c)  its management and governance practices;

(d)  its commercial practices;

(e)  the policies and procedures established to ensure compliance with the laws, regulations and guidelines applicable to it;

(5)  where applicable, its most recent annual report;

(6)  a statement signed by a person authorized to do so within the legal person regarding compliance with the laws, regulations and guidelines applicable to the legal person.

The documents and information submitted with the application for authorization must be dated within no more than 12 months prior to the date on which the legal person provides the Authority with the final information to complete the application.

M.O. 2010-12, s. 6; M.O. 2020-09, s. 7.

2012-09-01

6. An institution applying for registration must complete the form prescribed by the Authority and submit it together with the following documents:

(1)  a copy of the institution’s constituting act and by-laws, and any amendments thereto;

(2)  a certified copy of the institution’s audited financial statements for each of the past 3 years, as well as those of its subsidiaries and of the entity that controls it, and a certified copy of the unaudited financial statements for a period ended not more than 90 days prior to the date of its application for a permit where the most recent fiscal year ended more than 120 days but less than one year before the date of the application;

(3)  a copy of an insurance policy attesting that the institution is insured against fraud, misappropriation and theft;

(4)  where applicable, a detailed statement, in the form prescribed by the Authority, of deposits held by the institution outside Québec.

In the case of a newly formed institution, a budgeted statement of assets and liabilities and an operating budget for the fiscal year during which the application for a permit is filed and for the subsequent 2 years replace the financial statements required under subparagraph 2 of the first paragraph hereof.

M.O. 2010-12, s. 6.