S-29.01 - Act respecting trust companies and savings companies

Section 351 Disposition versions

2011-02-14

351. The Government, by regulation, may also prescribe

(1)  the fee exigible for the issue of a licence;

(2)  the fees exigible for any formality or measure prescribed by this Act or the regulations thereunder;

(3)  the documents and information that must be transmitted to the Minister or the Authority in addition to those required by the Act, the date or the prescribed time for their transmission, the form and content of such documents and the number of copies required;

(4)  when and how depositors must be informed of the fees relating to their deposits and the other requirements for their valid information;

(5)  when and how depositors must be informed of the rates of interest on their deposits and the mode of computing interest and the other requirements for their valid information;

(6)  the matters that may be the object of contracts between a company or its subsidiary and a restricted person, the standards governing such contracts and the conditions under which they may be entered into;

(7)  the conditions and restrictions governing the circulation of information within a company or between a company and a restricted person, in view of reducing the risk of conflicts of interest;

(8)  the terms and conditions governing declarations of interests under section 138, and the matters which must be declared;

(9)  the conditions and limits to the exercise of the activities of a company;

(10)  the standards of protection of the public and confidentiality of information where a company offers for sale the products of a financial institution;

(11)  the standards governing arrangements between a company and a financial institution for the sale of products of the latter, and the conditions under which they may be made;

(12)  the conditions respecting the custody of property by a company, including its own property and the property it holds for others, or by a third person for the company, and respecting the keeping of the pertinent records;

(13)  standards and conditions for the creation of an investment fund by a company, the composition and administration and membership of the fund and authorized investments;

(14)  other cases where, in respect of paragraph 5 of section 191, a company may give security on its property or, as the case may be, on property charged with payment of deposits;

(15)  the additional information that must be indicated in the notice to be given by a company to the Authority pursuant to section 192;

(16)  the terms, conditions, restrictions and limits respecting the subordinated loans which a company may accept and the bonds or other debt securities that it may issue and the conditions and restrictions in respect of the issue of such bonds or debt securities and in respect of the acceptance or transfer of such subordinated loans;

(17)  standards with respect to the adequacy of a company’s capital and liquid assets and to its commercial practices;

(18)  (paragraph repealed);

(19)  (paragraph repealed);

(20)  conditions, restrictions and prohibitions respecting the exercise of the loan and investment powers of a company or its related financial and administrative practices, applicable to all loans and investments or any specified category thereof or any specified kind of loan or investment of that category and, where a condition or limit is imposed by this Act, prescribe more stringent conditions or limits;

(21)  the time allowed a company whose loans and investments do not fulfil the requirements of this Act and the regulations thereunder at the coming into force of this Act to comply therewith;

(22)  (paragraph repealed);

(23)  the conditions to be met by a company and by a subsidiary contemplated in section 218 in order for the latter to be held by the company;

(24)  the conditions for the issuance of licences;

(25)  the books and registers to be kept by a Québec company, and the content of such registers;

(26)  the books and registers of which copies must be kept by an extra-provincial company in its principal place of business in Québec;

(27)  the additional information that must be indicated by the auditor in the reports contemplated in sections 274 and 295;

(28)  any matter that must be examined by the audit committee pursuant to section 282;

(29)  the cases where the Authority may or must communicate information to the auditor, the audit committee and the board of directors of a company, and the nature of such information;

(30)  the cases where the auditor, the members of the board of directors, the officers and the members of the audit committee of a company may or must communicate information to the Authority and the nature of such information;

(31)  the additional information that must appear in the annual report of a company to the shareholders;

(31.1)  a tariff of costs for the purposes of section 349.2;

(32)  the mode of calculating the gross income of a company in Québec for the purposes of section 406;

(33)  the provisions of the regulations under this section which it will be an offence to contravene;

(34)  the form and content of financial statements;

(35)  the policy that companies must adopt in compliance with section 153.1 or elements of such policy.

1987, c. 95, s. 351; 1999, c. 40, s. 304; 2002, c. 45, s. 608; 2004, c. 37, s. 90; 2006, c. 50, s. 138; 2008, c. 7, s. 133; 2009, c. 52, s. 707; 2010, c. 7, s. 262.

2011-01-01

351. The Government, by regulation, may also prescribe

(1)  the fees exigible for the constitution of a company as a legal person, issuance of letters patent or supplementary letters patent and licences;

(2)  the fees exigible for any formality or measure prescribed by this Act or the regulations thereunder;

(3)  the documents and information that must be transmitted to the Minister or the Authority in addition to those required by the Act, the date or the prescribed time for their transmission, the form and content of such documents and the number of copies required;

(4)  when and how depositors must be informed of the fees relating to their deposits and the other requirements for their valid information;

(5)  when and how depositors must be informed of the rates of interest on their deposits and the mode of computing interest and the other requirements for their valid information;

(6)  the matters that may be the object of contracts between a company or its subsidiary and a restricted person, the standards governing such contracts and the conditions under which they may be entered into;

(7)  the conditions and restrictions governing the circulation of information within a company or between a company and a restricted person, in view of reducing the risk of conflicts of interest;

(8)  the terms and conditions governing declarations of interests under section 138, and the matters which must be declared;

(9)  the conditions and limits to the exercise of the activities of a company;

(10)  the standards of protection of the public and confidentiality of information where a company offers for sale the products of a financial institution;

(11)  the standards governing arrangements between a company and a financial institution for the sale of products of the latter, and the conditions under which they may be made;

(12)  the conditions respecting the custody of property by a company, including its own property and the property it holds for others, or by a third person for the company, and respecting the keeping of the pertinent records;

(13)  standards and conditions for the creation of an investment fund by a company, the composition and administration and membership of the fund and authorized investments;

(14)  other cases where, in respect of paragraph 5 of section 191, a company may give security on its property or, as the case may be, on property charged with payment of deposits;

(15)  the additional information that must be indicated in the notice to be given by a company to the Authority pursuant to section 192;

(16)  the terms, conditions, restrictions and limits respecting the subordinated loans which a company may accept and the bonds or other debt securities that it may issue and the conditions and restrictions in respect of the issue of such bonds or debt securities and in respect of the acceptance or transfer of such subordinated loans;

(17)  standards with respect to the adequacy of a company’s capital and liquid assets and to its commercial practices;

(18)  (paragraph repealed);

(19)  (paragraph repealed);

(20)  conditions, restrictions and prohibitions respecting the exercise of the loan and investment powers of a company or its related financial and administrative practices, applicable to all loans and investments or any specified category thereof or any specified kind of loan or investment of that category and, where a condition or limit is imposed by this Act, prescribe more stringent conditions or limits;

(21)  the time allowed a company whose loans and investments do not fulfil the requirements of this Act and the regulations thereunder at the coming into force of this Act to comply therewith;

(22)  (paragraph repealed);

(23)  the conditions to be met by a company and by a subsidiary contemplated in section 218 in order for the latter to be held by the company;

(24)  the conditions for the issuance of licences;

(25)  the books and registers to be kept by a Québec company, and the content of such registers;

(26)  the books and registers of which copies must be kept by an extra-provincial company in its principal place of business in Québec;

(27)  the additional information that must be indicated by the auditor in the reports contemplated in sections 274 and 295;

(28)  any matter that must be examined by the audit committee pursuant to section 282;

(29)  the cases where the Authority may or must communicate information to the auditor, the audit committee and the board of directors of a company, and the nature of such information;

(30)  the cases where the auditor, the members of the board of directors, the officers and the members of the audit committee of a company may or must communicate information to the Authority and the nature of such information;

(31)  the additional information that must appear in the annual report of a company to the shareholders;

(31.1)  a tariff of costs for the purposes of section 349.2;

(32)  the mode of calculating the gross income of a company in Québec for the purposes of section 406;

(33)  the provisions of the regulations under this section which it will be an offence to contravene;

(34)  the form and content of financial statements;

(35)  the policy that companies must adopt in compliance with section 153.1 or elements of such policy.

1987, c. 95, s. 351; 1999, c. 40, s. 304; 2002, c. 45, s. 608; 2004, c. 37, s. 90; 2006, c. 50, s. 138; 2008, c. 7, s. 133.

2008-07-01

351. The Government, by regulation, may also prescribe

(1)  the fees exigible for the constitution of a company as a legal person, issuance of letters patent or supplementary letters patent and licences;

(2)  the fees exigible for any formality or measure prescribed by this Act or the regulations thereunder;

(3)  the documents and information that must be transmitted to the Minister or the Authority in addition to those required by the Act, the date or the prescribed time for their transmission, the form and content of such documents and the number of copies required;

(4)  when and how depositors must be informed of the fees relating to their deposits and the other requirements for their valid information;

(5)  when and how depositors must be informed of the rates of interest on their deposits and the mode of computing interest and the other requirements for their valid information;

(6)  the matters that may be the object of contracts between a company or its subsidiary and a restricted person, the standards governing such contracts and the conditions under which they may be entered into;

(7)  the conditions and restrictions governing the circulation of information within a company or between a company and a restricted person, in view of reducing the risk of conflicts of interest;

(8)  the terms and conditions governing declarations of interests under section 138, and the matters which must be declared;

(9)  the conditions and limits to the exercise of the activities of a company;

(10)  the standards of protection of the public and confidentiality of information where a company offers for sale the products of a financial institution;

(11)  the standards governing arrangements between a company and a financial institution for the sale of products of the latter, and the conditions under which they may be made;

(12)  the conditions respecting the custody of property by a company, including its own property and the property it holds for others, or by a third person for the company, and respecting the keeping of the pertinent records;

(13)  standards and conditions for the creation of an investment fund by a company, the composition and administration and membership of the fund and authorized investments;

(14)  other cases where, in respect of paragraph 5 of section 191, a company may give security on its property or, as the case may be, on property charged with payment of deposits;

(15)  the additional information that must be indicated in the notice to be given by a company to the Authority pursuant to section 192;

(16)  the terms, conditions, restrictions and limits respecting the subordinated loans which a company may accept and the bonds or other debt securities that it may issue and the conditions and restrictions in respect of the issue of such bonds or debt securities and in respect of the acceptance or transfer of such subordinated loans;

(17)  standards with respect to the adequacy of a company’s capital and liquid assets and to its commercial practices;

(18)  the undertakings that must be posted to the liabilities of a company for the purposes of section 198;

(19)  the conditions and restrictions as to investment of the excess amounts contemplated in section 199;

(20)  conditions, restrictions and prohibitions respecting the exercise of the loan and investment powers of a company or its related financial and administrative practices, applicable to all loans and investments or any specified category thereof or any specified kind of loan or investment of that category and, where a condition or limit is imposed by this Act, prescribe more stringent conditions or limits;

(21)  the time allowed a company whose loans and investments do not fulfil the requirements of this Act and the regulations thereunder at the coming into force of this Act to comply therewith;

(22)  the securities not taken into account in establishing the amount contemplated in section 207;

(23)  the conditions to be met by a company and by a subsidiary contemplated in section 218 in order for the latter to be held by the company;

(24)  the conditions for the issuance of licences;

(25)  the books and registers to be kept by a Québec company, and the content of such registers;

(26)  the books and registers of which copies must be kept by an extra-provincial company in its principal place of business in Québec;

(27)  the additional information that must be indicated by the auditor in the reports contemplated in sections 274 and 295;

(28)  any matter that must be examined by the audit committee pursuant to section 282;

(29)  the cases where the Authority may or must communicate information to the auditor, the audit committee and the board of directors of a company, and the nature of such information;

(30)  the cases where the auditor, the members of the board of directors, the officers and the members of the audit committee of a company may or must communicate information to the Authority and the nature of such information;

(31)  the additional information that must appear in the annual report of a company to the shareholders;

(31.1)  a tariff of costs for the purposes of section 349.2;

(32)  the mode of calculating the gross income of a company in Québec for the purposes of section 406;

(33)  the provisions of the regulations under this section which it will be an offence to contravene;

(34)  the form and content of financial statements;

(35)  the policy that companies must adopt in compliance with section 153.1 or elements of such policy.

1987, c. 95, s. 351; 1999, c. 40, s. 304; 2002, c. 45, s. 608; 2004, c. 37, s. 90; 2006, c. 50, s. 138; 2008, c. 7, s. 133.

2008-05-28

351. The Government, by regulation, may also prescribe

(1)  the fees exigible for the constitution of a company as a legal person, issuance of letters patent or supplementary letters patent, licences and licence renewals;

(2)  the fees exigible for any formality or measure prescribed by this Act or the regulations thereunder;

(3)  the documents and information that must be transmitted to the Minister or the Authority in addition to those required by the Act, the date or the prescribed time for their transmission, the form and content of such documents and the number of copies required;

(4)  when and how depositors must be informed of the fees relating to their deposits and the other requirements for their valid information;

(5)  when and how depositors must be informed of the rates of interest on their deposits and the mode of computing interest and the other requirements for their valid information;

(6)  the matters that may be the object of contracts between a company or its subsidiary and a restricted person, the standards governing such contracts and the conditions under which they may be entered into;

(7)  the conditions and restrictions governing the circulation of information within a company or between a company and a restricted person, in view of reducing the risk of conflicts of interest;

(8)  the terms and conditions governing declarations of interests under section 138, and the matters which must be declared;

(9)  the conditions and limits to the exercise of the activities of a company;

(10)  the standards of protection of the public and confidentiality of information where a company offers for sale the products of a financial institution;

(11)  the standards governing arrangements between a company and a financial institution for the sale of products of the latter, and the conditions under which they may be made;

(12)  the conditions respecting the custody of property by a company, including its own property and the property it holds for others, or by a third person for the company, and respecting the keeping of the pertinent records;

(13)  standards and conditions for the creation of an investment fund by a company, the composition and administration and membership of the fund and authorized investments;

(14)  other cases where, in respect of paragraph 5 of section 191, a company may give security on its property or, as the case may be, on property charged with payment of deposits;

(15)  the additional information that must be indicated in the notice to be given by a company to the Authority pursuant to section 192;

(16)  the terms, conditions, restrictions and limits respecting the subordinated loans which a company may accept and the bonds or other debt securities that it may issue and the conditions and restrictions in respect of the issue of such bonds or debt securities and in respect of the acceptance or transfer of such subordinated loans;

(17)  standards with respect to the adequacy of a company’s capital and liquid assets and to its commercial practices;

(18)  the undertakings that must be posted to the liabilities of a company for the purposes of section 198;

(19)  the conditions and restrictions as to investment of the excess amounts contemplated in section 199;

(20)  conditions, restrictions and prohibitions respecting the exercise of the loan and investment powers of a company or its related financial and administrative practices, applicable to all loans and investments or any specified category thereof or any specified kind of loan or investment of that category and, where a condition or limit is imposed by this Act, prescribe more stringent conditions or limits;

(21)  the time allowed a company whose loans and investments do not fulfil the requirements of this Act and the regulations thereunder at the coming into force of this Act to comply therewith;

(22)  the securities not taken into account in establishing the amount contemplated in section 207;

(23)  the conditions to be met by a company and by a subsidiary contemplated in section 218 in order for the latter to be held by the company;

(24)  the conditions for the issuance and renewal of licences;

(25)  the books and registers to be kept by a Québec company, and the content of such registers;

(26)  the books and registers of which copies must be kept by an extra-provincial company in its principal place of business in Québec;

(27)  the additional information that must be indicated by the auditor in the reports contemplated in sections 274 and 295;

(28)  any matter that must be examined by the audit committee pursuant to section 282;

(29)  the cases where the Authority may or must communicate information to the auditor, the audit committee and the board of directors of a company, and the nature of such information;

(30)  the cases where the auditor, the members of the board of directors, the officers and the members of the audit committee of a company may or must communicate information to the Authority and the nature of such information;

(31)  the additional information that must appear in the annual report of a company to the shareholders;

(31.1)  a tariff of costs for the purposes of section 349.2;

(32)  the mode of calculating the gross income of a company in Québec for the purposes of section 406;

(33)  the provisions of the regulations under this section which it will be an offence to contravene;

(34)  the form and content of financial statements;

(35)  the policy that companies must adopt in compliance with section 153.1 or elements of such policy.

1987, c. 95, s. 351; 1999, c. 40, s. 304; 2002, c. 45, s. 608; 2004, c. 37, s. 90; 2006, c. 50, s. 138; 2008, c. 7, s. 133.

2006-12-14

351. The Government, by regulation, may also prescribe

(1)  the fees exigible for the constitution of a company as a legal person, issuance of letters patent or supplementary letters patent, licences and licence renewals;

(2)  the fees exigible for any formality or measure prescribed by this Act or the regulations thereunder;

(3)  the documents and information that must be transmitted to the Minister or the Authority in addition to those required by the Act, the date or the prescribed time for their transmission, the form and content of such documents and the number of copies required;

(4)  when and how depositors must be informed of the fees relating to their deposits and the other requirements for their valid information;

(5)  when and how depositors must be informed of the rates of interest on their deposits and the mode of computing interest and the other requirements for their valid information;

(6)  the matters that may be the object of contracts between a company or its subsidiary and a restricted person, the standards governing such contracts and the conditions under which they may be entered into;

(7)  the conditions and restrictions governing the circulation of information within a company or between a company and a restricted person, in view of reducing the risk of conflicts of interest;

(8)  the terms and conditions governing declarations of interests under section 138, and the matters which must be declared;

(9)  the conditions and limits to the exercise of the activities of a company;

(10)  the standards of protection of the public and confidentiality of information where a company offers for sale the products of a financial institution;

(11)  the standards governing arrangements between a company and a financial institution for the sale of products of the latter, and the conditions under which they may be made;

(12)  the conditions respecting the custody of property by a company, including its own property and the property it holds for others, or by a third person for the company, and respecting the keeping of the pertinent records;

(13)  standards and conditions for the creation of an investment fund by a company, the composition and administration and membership of the fund and authorized investments;

(14)  other cases where, in respect of paragraph 5 of section 191, a company may give security on its property or, as the case may be, on property charged with payment of deposits;

(15)  the additional information that must be indicated in the notice to be given by a company to the Authority pursuant to section 192;

(16)  the terms, conditions, restrictions and limits respecting the subordinated loans which a company may accept and the bonds or other debt securities that it may issue and the conditions and restrictions in respect of the issue of such bonds or debt securities and in respect of the acceptance or transfer of such subordinated loans;

(17)  standards of adequacy of the capital base and liquidity of a company;

(18)  the undertakings that must be posted to the liabilities of a company for the purposes of section 198;

(19)  the conditions and restrictions as to investment of the excess amounts contemplated in section 199;

(20)  conditions, restrictions and prohibitions respecting the exercise of the loan and investment powers of a company or its related financial and administrative practices, applicable to all loans and investments or any specified category thereof or any specified kind of loan or investment of that category and, where a condition or limit is imposed by this Act, prescribe more stringent conditions or limits;

(21)  the time allowed a company whose loans and investments do not fulfil the requirements of this Act and the regulations thereunder at the coming into force of this Act to comply therewith;

(22)  the securities not taken into account in establishing the amount contemplated in section 207;

(23)  the conditions to be met by a company and by a subsidiary contemplated in section 218 in order for the latter to be held by the company;

(24)  the conditions for the issuance and renewal of licences;

(25)  the books and registers to be kept by a Québec company, and the content of such registers;

(26)  the books and registers of which copies must be kept by an extra-provincial company in its principal place of business in Québec;

(27)  the additional information that must be indicated by the auditor in the reports contemplated in sections 274 and 295;

(28)  any matter that must be examined by the audit committee pursuant to section 282;

(29)  the cases where the Authority may or must communicate information to the auditor, the audit committee and the board of directors of a company, and the nature of such information;

(30)  the cases where the auditor, the members of the board of directors, the officers and the members of the audit committee of a company may or must communicate information to the Authority and the nature of such information;

(31)  the additional information that must appear in the annual report of a company to the shareholders;

(32)  the mode of calculating the gross income of a company in Québec for the purposes of section 406;

(33)  the provisions of the regulations under this section which it will be an offence to contravene;

(34)  the form and content of financial statements;

(35)  the policy that companies must adopt in compliance with section 153.1 or elements of such policy.

1987, c. 95, s. 351; 1999, c. 40, s. 304; 2002, c. 45, s. 608; 2004, c. 37, s. 90; 2006, c. 50, s. 138.

2004-12-17

351. The Government, by regulation, may also prescribe

(1)  the fees exigible for the constitution of a company as a legal person, issuance of letters patent or supplementary letters patent, licences and licence renewals;

(2)  the fees exigible for any formality or measure prescribed by this Act or the regulations thereunder;

(3)  the documents and information that must be transmitted to the Minister or the Authority in addition to those required by the Act, the date or the prescribed time for their transmission, the form and content of such documents and the number of copies required;

(4)  when and how depositors must be informed of the fees relating to their deposits and the other requirements for their valid information;

(5)  when and how depositors must be informed of the rates of interest on their deposits and the mode of computing interest and the other requirements for their valid information;

(6)  the matters that may be the object of contracts between a company or its subsidiary and a restricted person, the standards governing such contracts and the conditions under which they may be entered into;

(7)  the conditions and restrictions governing the circulation of information within a company or between a company and a restricted person, in view of reducing the risk of conflicts of interest;

(8)  the terms and conditions governing declarations of interests under section 138, and the matters which must be declared;

(9)  the conditions and limits to the exercise of the activities of a company;

(10)  the standards of protection of the public and confidentiality of information where a company offers for sale the products of a financial institution;

(11)  the standards governing arrangements between a company and a financial institution for the sale of products of the latter, and the conditions under which they may be made;

(12)  the conditions respecting the custody of property by a company, including its own property and the property it holds for others, or by a third person for the company, and respecting the keeping of the pertinent records;

(13)  standards and conditions for the creation of a mutual investment fund by a company, the composition and administration and membership of the fund and authorized investments;

(14)  other cases where, in respect of paragraph 5 of section 191, a company may give security on its property or, as the case may be, on property charged with payment of deposits;

(15)  the additional information that must be indicated in the notice to be given by a company to the Authority pursuant to section 192;

(16)  the terms, conditions, restrictions and limits respecting the subordinated loans which a company may accept and the bonds or other debt securities that it may issue and the conditions and restrictions in respect of the issue of such bonds or debt securities and in respect of the acceptance or transfer of such subordinated loans;

(17)  standards of adequacy of the capital base and liquidity of a company;

(18)  the undertakings that must be posted to the liabilities of a company for the purposes of section 198;

(19)  the conditions and restrictions as to investment of the excess amounts contemplated in section 199;

(20)  conditions, restrictions and prohibitions respecting the exercise of the loan and investment powers of a company or its related financial and administrative practices, applicable to all loans and investments or any specified category thereof or any specified kind of loan or investment of that category and, where a condition or limit is imposed by this Act, prescribe more stringent conditions or limits;

(21)  the time allowed a company whose loans and investments do not fulfil the requirements of this Act and the regulations thereunder at the coming into force of this Act to comply therewith;

(22)  the securities not taken into account in establishing the amount contemplated in section 207;

(23)  the conditions to be met by a company and by a subsidiary contemplated in section 218 in order for the latter to be held by the company;

(24)  the conditions for the issuance and renewal of licences;

(25)  the books and registers to be kept by a Québec company, and the content of such registers;

(26)  the books and registers of which copies must be kept by an extra-provincial company in its principal place of business in Québec;

(27)  the additional information that must be indicated by the auditor in the reports contemplated in sections 274 and 295;

(28)  any matter that must be examined by the audit committee pursuant to section 282;

(29)  the cases where the Authority may or must communicate information to the auditor, the audit committee and the board of directors of a company, and the nature of such information;

(30)  the cases where the auditor, the members of the board of directors, the officers and the members of the audit committee of a company may or must communicate information to the Authority and the nature of such information;

(31)  the additional information that must appear in the annual report of a company to the shareholders;

(32)  the mode of calculating the gross income of a company in Québec for the purposes of section 406;

(33)  the provisions of the regulations under this section which it will be an offence to contravene;

(34)  the form and content of financial statements;

(35)  the policy that companies must adopt in compliance with section 153.1 or elements of such policy.

1987, c. 95, s. 351; 1999, c. 40, s. 304; 2002, c. 45, s. 608; 2004, c. 37, s. 90.

2002-12-11

351. The Government, by regulation, may also prescribe

(1)  the fees exigible for the constitution of a company as a legal person, issuance of letters patent or supplementary letters patent, licences and licence renewals;

(2)  the fees exigible for any formality or measure prescribed by this Act or the regulations thereunder;

(3)  the documents and information that must be transmitted to the Minister or the Agency in addition to those required by the Act, the date or the prescribed time for their transmission, the form and content of such documents and the number of copies required;

(4)  when and how depositors must be informed of the fees relating to their deposits and the other requirements for their valid information;

(5)  when and how depositors must be informed of the rates of interest on their deposits and the mode of computing interest and the other requirements for their valid information;

(6)  the matters that may be the object of contracts between a company or its subsidiary and a restricted person, the standards governing such contracts and the conditions under which they may be entered into;

(7)  the conditions and restrictions governing the circulation of information within a company or between a company and a restricted person, in view of reducing the risk of conflicts of interest;

(8)  the terms and conditions governing declarations of interests under section 138, and the matters which must be declared;

(9)  the conditions and limits to the exercise of the activities of a company;

(10)  the standards of protection of the public and confidentiality of information where a company offers for sale the products of a financial institution;

(11)  the standards governing arrangements between a company and a financial institution for the sale of products of the latter, and the conditions under which they may be made;

(12)  the conditions respecting the custody of property by a company, including its own property and the property it holds for others, or by a third person for the company, and respecting the keeping of the pertinent records;

(13)  standards and conditions for the creation of a mutual investment fund by a company, the composition and administration and membership of the fund and authorized investments;

(14)  other cases where, in respect of paragraph 5 of section 191, a company may give security on its property or, as the case may be, on property charged with payment of deposits;

(15)  the additional information that must be indicated in the notice to be given by a company to the Agency pursuant to section 192;

(16)  the terms, conditions, restrictions and limits respecting the subordinated loans which a company may accept and the bonds or other debt securities that it may issue and the conditions and restrictions in respect of the issue of such bonds or debt securities and in respect of the acceptance or transfer of such subordinated loans;

(17)  standards of adequacy of the capital base and liquidity of a company;

(18)  the undertakings that must be posted to the liabilities of a company for the purposes of section 198;

(19)  the conditions and restrictions as to investment of the excess amounts contemplated in section 199;

(20)  conditions, restrictions and prohibitions respecting the exercise of the loan and investment powers of a company or its related financial and administrative practices, applicable to all loans and investments or any specified category thereof or any specified kind of loan or investment of that category and, where a condition or limit is imposed by this Act, prescribe more stringent conditions or limits;

(21)  the time allowed a company whose loans and investments do not fulfil the requirements of this Act and the regulations thereunder at the coming into force of this Act to comply therewith;

(22)  the securities not taken into account in establishing the amount contemplated in section 207;

(23)  the conditions to be met by a company and by a subsidiary contemplated in section 218 in order for the latter to be held by the company;

(24)  the conditions for the issuance and renewal of licences;

(25)  the books and registers to be kept by a Québec company, and the content of such registers;

(26)  the books and registers of which copies must be kept by an extra-provincial company in its principal place of business in Québec;

(27)  the additional information that must be indicated by the auditor in the reports contemplated in sections 274 and 295;

(28)  any matter that must be examined by the audit committee pursuant to section 282;

(29)  the cases where the Agency may or must communicate information to the auditor, the audit committee and the board of directors of a company, and the nature of such information;

(30)  the cases where the auditor, the members of the board of directors, the officers and the members of the audit committee of a company may or must communicate information to the Agency and the nature of such information;

(31)  the additional information that must appear in the annual report of a company to the shareholders;

(32)  the mode of calculating the gross income of a company in Québec for the purposes of section 406;

(33)  the provisions of the regulations under this section which it will be an offence to contravene;

(34)  the form and content of financial statements;

(35)  the policy that companies must adopt in compliance with section 153.1 or elements of such policy.

1987, c. 95, s. 351; 1999, c. 40, s. 304; 2002, c. 45, s. 608.

1999-10-22

351. The Government, by regulation, may also prescribe

(1)  the fees exigible for the constitution of a company as a legal person, issuance of letters patent or supplementary letters patent, licences and licence renewals;

(2)  the fees exigible for any formality or measure prescribed by this Act or the regulations thereunder;

(3)  the documents and information that must be transmitted to the Minister or the Inspector General in addition to those required by the Act, the date or the prescribed time for their transmission, the form and content of such documents and the number of copies required;

(4)  when and how depositors must be informed of the fees relating to their deposits and the other requirements for their valid information;

(5)  when and how depositors must be informed of the rates of interest on their deposits and the mode of computing interest and the other requirements for their valid information;

(6)  the matters that may be the object of contracts between a company or its subsidiary and a restricted person, the standards governing such contracts and the conditions under which they may be entered into;

(7)  the conditions and restrictions governing the circulation of information within a company or between a company and a restricted person, in view of reducing the risk of conflicts of interest;

(8)  the terms and conditions governing declarations of interests under section 138, and the matters which must be declared;

(9)  the conditions and limits to the exercise of the activities of a company;

(10)  the standards of protection of the public and confidentiality of information where a company offers for sale the products of a financial institution;

(11)  the standards governing arrangements between a company and a financial institution for the sale of products of the latter, and the conditions under which they may be made;

(12)  the conditions respecting the custody of property by a company, including its own property and the property it holds for others, or by a third person for the company, and respecting the keeping of the pertinent records;

(13)  standards and conditions for the creation of a mutual investment fund by a company, the composition and administration and membership of the fund and authorized investments;

(14)  other cases where, in respect of paragraph 5 of section 191, a company may give security on its property or, as the case may be, on property charged with payment of deposits;

(15)  the additional information that must be indicated in the notice to be given by a company to the Inspector General pursuant to section 192;

(16)  the terms, conditions, restrictions and limits respecting the subordinated loans which a company may accept and the bonds or other debt securities that it may issue and the conditions and restrictions in respect of the issue of such bonds or debt securities and in respect of the acceptance or transfer of such subordinated loans;

(17)  standards of adequacy of the capital base and liquidity of a company;

(18)  the undertakings that must be posted to the liabilities of a company for the purposes of section 198;

(19)  the conditions and restrictions as to investment of the excess amounts contemplated in section 199;

(20)  conditions, restrictions and prohibitions respecting the exercise of the loan and investment powers of a company or its related financial and administrative practices, applicable to all loans and investments or any specified category thereof or any specified kind of loan or investment of that category and, where a condition or limit is imposed by this Act, prescribe more stringent conditions or limits;

(21)  the time allowed a company whose loans and investments do not fulfil the requirements of this Act and the regulations thereunder at the coming into force of this Act to comply therewith;

(22)  the securities not taken into account in establishing the amount contemplated in section 207;

(23)  the conditions to be met by a company and by a subsidiary contemplated in section 218 in order for the latter to be held by the company;

(24)  the conditions for the issuance and renewal of licences;

(25)  the books and registers to be kept by a Québec company, and the content of such registers;

(26)  the books and registers of which copies must be kept by an extra-provincial company in its principal place of business in Québec;

(27)  the additional information that must be indicated by the auditor in the reports contemplated in sections 274 and 295;

(28)  any matter that must be examined by the audit committee pursuant to section 282;

(29)  the cases where the Inspector General may or must communicate information to the auditor, the audit committee and the board of directors of a company, and the nature of such information;

(30)  the cases where the auditor, the members of the board of directors, the officers and the members of the audit committee of a company may or must communicate information to the Inspector General and the nature of such information;

(31)  the additional information that must appear in the annual report of a company to the shareholders;

(32)  the mode of calculating the gross income of a company in Québec for the purposes of section 406;

(33)  the provisions of the regulations under this section which it will be an offence to contravene;

(34)  the form and content of financial statements.

1987, c. 95, s. 351; 1999, c. 40, s. 304.

1988-06-09

351. The Government, by regulation, may also prescribe

(1)  the fees exigible for incorporation, issuance of letters patent or supplementary letters patent, licences and licence renewals;

(2)  the fees exigible for any formality or measure prescribed by this Act or the regulations thereunder;

(3)  the documents and information that must be transmitted to the Minister or the Inspector General in addition to those required by the Act, the date or the prescribed time for their transmission, the form and content of such documents and the number of copies required;

(4)  when and how depositors must be informed of the fees relating to their deposits and the other requirements for their valid information;

(5)  when and how depositors must be informed of the rates of interest on their deposits and the mode of computing interest and the other requirements for their valid information;

(6)  the matters that may be the object of contracts between a company or its subsidiary and a restricted person, the standards governing such contracts and the conditions under which they may be entered into;

(7)  the conditions and restrictions governing the circulation of information within a company or between a company and a restricted person, in view of reducing the risk of conflicts of interest;

(8)  the terms and conditions governing declarations of interests under section 138, and the matters which must be declared;

(9)  the conditions and limits to the exercise of the activities of a company;

(10)  the standards of protection of the public and confidentiality of information where a company offers for sale the products of a financial institution;

(11)  the standards governing arrangements between a company and a financial institution for the sale of products of the latter, and the conditions under which they may be made;

(12)  the conditions respecting the custody of property by a company, including its own property and the property it holds for others, or by a third person for the company, and respecting the keeping of the pertinent records;

(13)  standards and conditions for the creation of a mutual investment fund by a company, the composition and administration and membership of the fund and authorized investments;

(14)  other cases where, in respect of paragraph 5 of section 191, a company may give security on its property or, as the case may be, on property charged with payment of deposits;

(15)  the additional information that must be indicated in the notice to be given by a company to the Inspector General pursuant to section 192;

(16)  the terms, conditions, restrictions and limits respecting the subordinated loans which a company may accept and the bonds or other debt securities that it may issue and the conditions and restrictions in respect of the issue of such bonds or debt securities and in respect of the acceptance or transfer of such subordinated loans;

(17)  standards of adequacy of the capital base and liquidity of a company;

(18)  the undertakings that must be posted to the liabilities of a company for the purposes of section 198;

(19)  the conditions and restrictions as to investment of the excess amounts contemplated in section 199;

(20)  conditions, restrictions and prohibitions respecting the exercise of the loan and investment powers of a company or its related financial and administrative practices, applicable to all loans and investments or any specified category thereof or any specified kind of loan or investment of that category and, where a condition or limit is imposed by this Act, prescribe more stringent conditions or limits;

(21)  the time allowed a company whose loans and investments do not fulfil the requirements of this Act and the regulations thereunder at the coming into force of this Act to comply therewith;

(22)  the securities not taken into account in establishing the amount contemplated in section 207;

(23)  the conditions to be met by a company and by a subsidiary contemplated in section 218 in order for the latter to be held by the company;

(24)  the conditions for the issuance and renewal of licences;

(25)  the books and registers to be kept by a Québec company, and the content of such registers;

(26)  the books and registers of which copies must be kept by an extra-provincial company in its principal place of business in Québec;

(27)  the additional information that must be indicated by the auditor in the reports contemplated in sections 274 and 295;

(28)  any matter that must be examined by the audit committee pursuant to section 282;

(29)  the cases where the Inspector General may or must communicate information to the auditor, the audit committee and the board of directors of a company, and the nature of such information;

(30)  the cases where the auditor, the members of the board of directors, the officers and the members of the audit committee of a company may or must communicate information to the Inspector General and the nature of such information;

(31)  the additional information that must appear in the annual report of a company to the shareholders;

(32)  the mode of calculating the gross income of a company in Québec for the purposes of section 406;

(33)  the provisions of the regulations under this section which it will be an offence to contravene;

(34)  the form and content of financial statements.

1987, c. 95, s. 351.