I-3 - Taxation Act

Section 965.9.8 Disposition versions

2017-12-07

965.9.8. (Repealed).

1988, c. 4, s. 97; 1989, c. 5, s. 173; 1990, c. 7, s. 107; 1991, c. 8, s. 63; 1993, c. 19, s. 83; 1995, c. 1, s. 100; 2017, c. 29, s. 166.

2006-03-01

965.9.8. A security also qualifies for a stock savings plan if

(a)  it is issued by an investment fund which states, in the final prospectus or in the application for an exemption from filing a prospectus relating to the issue of the security, that the security may be included in a stock savings plan and entitles any person to the benefit provided for in respect of the security by this Title;

(a.1)  where issued by an investment fund that, in respect of its first public security issue consisting of securities that may be included in a stock savings plan, has made the election provided in section 965.6.23.1, it is a security issued as part of that first public security issue;

(b)  it is acquired for money consideration by an individual as first purchaser thereof, other than a dealer acting as an intermediary or as a firm underwriter;

(c)  before the issue of a receipt for a final prospectus or before the exemption from filing a prospectus relating to its issue, it was the subject of a favourable advance ruling from the Ministère du Revenu to the effect that it respects the objectives of this Title;

(d)  the certificate attesting to it is

i.  kept, according to the terms of an arrangement provided for in the second paragraph of section 965.2, by the investment fund that issued the security, or

ii.  given directly to the dealer referred to in the second paragraph of section 965.2 by the issuer of the certificate or by another dealer who certifies that it has been held continuously, since its issue, by a dealer acting as an intermediary or as a firm underwriter, or issued and registered in the name of the dealer or a person designated by the dealer.

1988, c. 4, s. 97; 1989, c. 5, s. 173; 1990, c. 7, s. 107; 1991, c. 8, s. 63; 1993, c. 19, s. 83; 1995, c. 1, s. 100.