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

Section 90 Disposition versions

2009-01-01

90. If, after a demand that the issuer not register a transfer of a security, a certificated security is presented to an issuer with a request to register a transfer or an instruction is presented to an issuer with a request to register an uncertificated security, the issuer promptly gives a notice to each interested person who initiated the demand, presented the request or originated the instruction.

The notice must state expressly

(1)  that a request to register the transfer of the security has been presented to or an instruction for the registration of transfer of the security has been received by the issuer;

(2)  that a demand that the issuer not register the transfer had previously been received; and

(3)  that the issuer will withhold registration of transfer for a period of time stated in the notice in order to provide the person entitled to the security an opportunity to either obtain a judgment enjoining the issuer from registering the transfer or furnish security sufficient in the issuer’s judgment to protect the issuer or a transfer registrar, transfer agent or other representative of the issuer from any loss that those persons may suffer by refusing to register the transfer.

The period of time stated in the notice may not exceed 30 days from the date on which the notice is given. The notice may specify a shorter period so long as it is not manifestly unreasonable.

2008, c. 20, s. 90.