T-11.002 - Act respecting the transfer of securities and the establishment of security entitlements

Section 86 Disposition versions

2009-01-01

86. An issuer may require the following assurance that each endorsement or each instruction is neither forged nor counterfeited and is authorized:

(1)  a guarantee of the signature of the person making the endorsement or originating the instruction, given by a guarantor reasonably believed by the issuer to be a responsible person;

(2)  if the endorsement is made or the instruction is originated by a representative of the appropriate person, appropriate evidence of actual authority to act on the appropriate person’s behalf; or

(3)  if the endorsement is made or the instruction is originated by a person not referred to in subparagraph 2, assurance appropriate to the case corresponding as nearly as may be to the assurance required by that subparagraph.

An issuer may adopt standards for the purpose of determining whether a guarantor is a responsible person, so long as those standards are not manifestly unreasonable.

2008, c. 20, s. 86.