Limitation
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(5) The Minister may not grant to an
authorized foreign bank any permission
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Prohibited
names
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530. (1) An order made under subsection
524(1) or 528(1) may not provide for the use
of a name that is
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Name
otherwise
prohibited
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(2) An order made under subsection 524(1)
or 528(1) may provide for the use of a name
referred to in section 47 of the Trust and Loan
Companies Act.
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Publication of
name
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531. An authorized foreign bank shall set
out its name and, where applicable, any other
permitted name, as set out in the order made
under subsection 524(1) or 528(1), in legible
characters in all contracts, invoices,
negotiable instruments and other documents
evidencing rights and obligations with respect
to other parties that are issued or made by or
on behalf of the authorized foreign bank.
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Directing
change of
name
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532. (1) If through inadvertence or
otherwise an order made under subsection
524(1) or 528(1) provides for the use of a name
that is prohibited by section 530, the
Superintendent may, by order, direct the
authorized foreign bank to change the name
without delay and the authorized foreign bank
shall comply with that direction.
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Revoking
name
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(2) Where an authorized foreign bank does
not comply with a direction under subsection
(1) within sixty days after the service of the
direction, the Superintendent may revoke the
name and assign another name and, until
changed in accordance with section 528, that
other name is the name of the authorized
foreign bank.
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Other name
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533. (1) Subject to section 531 and
subsection (2), an authorized foreign bank
may carry on business in Canada under a name
other than the name set out in the order made
under subsection 524(1) or 528(1).
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Directions
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(2) Where an authorized foreign bank
carries on business in Canada under a name
other than the name set out in the order, the
Superintendent may, by order, direct the
authorized foreign bank not to use that other
name if the Superintendent is of the opinion
that the other name is a name referred to in any
of paragraphs 530(1)(a) to (e).
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Commencement and Carrying on of Business in Canada |
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Order
approving
commen- cement and carrying on of business in Canada
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534. (1) On application by an authorized
foreign bank, the Superintendent may make
an order approving the commencement and
carrying on of business in Canada by the
authorized foreign bank.
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Prohibition
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(2) An authorized foreign bank may not
commence to carry on business in Canada
until it is authorized to do so by an order made
under subsection (1).
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Conditions for
order
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(3) The Superintendent may make the order
only if the Superintendent is satisfied that the
authorized foreign bank has
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Deposit
agreement
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(4) The assets referred to in paragraph
(3)(a) shall be kept with a Canadian financial
institution approved by the Superintendent
pursuant to a deposit agreement entered into
with the prior approval of the Superintendent.
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Conditions of
order
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(5) The order under subsection (1) may
contain any conditions or limitations that the
Superintendent considers appropriate that are
consistent with this Act and that relate to the
carrying on of the business in Canada of the
authorized foreign bank.
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Variations
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(6) In respect of an order made under
subsection (1), the Superintendent may at any
time, by further order,
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but before making a further order the
Superintendent shall provide the authorized
foreign bank with an opportunity to make
representations regarding that further order.
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Public notice
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(7) On the making of an order under
subsection (1), the authorized foreign bank
shall publish a notice of the making of the
order in a newspaper in general circulation at
or near the place where its principal office is
to be situated.
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Notice in
Canada
Gazette
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(8) The Superintendent shall cause to be
published in the Canada Gazette a notice of
the making of an order under subsection (1).
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Time limit
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(9) The Superintendent shall not make an
order under subsection (1) in respect of an
authorized foreign bank more than one year
after the day on which the order under
subsection 524(1) in respect of the authorized
foreign bank becomes effective.
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Cessation of
existence
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(10) If an order under subsection (1) is not
obtained within one year after the day on
which the order under subsection 524(1) in
respect of the authorized foreign bank
becomes effective, the order made under
subsection 524(1) is revoked.
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Principal Office and Principal Officer |
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Principal
office
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535. (1) An authorized foreign bank shall at
all times have a principal office in the place in
Canada set out in the order under subsection
524(1) or 528(1) made with respect to it.
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Change of
principal
office
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(2) An authorized foreign bank may change
the address of its principal office within the
place specified in the order under subsection
524(1) or 528(1) made with respect to it.
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Notice of
change of
address
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(3) An authorized foreign bank shall send to
the Superintendent, within fifteen days after
any change of address of its principal office,
a notice of the change of address.
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Principal
officer
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536. (1) An authorized foreign bank shall
appoint an employee who is ordinarily
resident in Canada to be its principal officer
for the purposes of this Part.
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Power of
attorney
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(2) The authorized foreign bank shall
provide the principal officer with a power of
attorney expressly authorizing the principal
officer to receive all notices under the laws of
Canada from the Minister or Superintendent
and shall without delay submit a copy of the
power of attorney to the Superintendent.
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Vacancy
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(3) Where a vacancy occurs in the position
of principal officer, the authorized foreign
bank shall, without delay, fill the vacancy and
submit a copy of the new power of attorney to
the Superintendent.
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Transfer of Liabilities |
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Transfer of
liabilities not
permitted
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537. (1) Subject to subsection (2), an
authorized foreign bank shall not transfer all
or substantially all of the liabilities in respect
of its business in Canada.
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Exception
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(2) An authorized foreign bank may, with
the approval of the Minister, transfer all or
substantially all of the liabilities in respect of
its business in Canada to another authorized
foreign bank in respect of its business in
Canada, to a bank or to a body corporate to
which the Trust and Loan Companies Act
applies.
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Application
for approval
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(3) An approval may be given under
subsection (2) only if
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Business and Powers |
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Main business
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538. (1) Subject to this Act, an authorized
foreign bank shall not carry on any business in
Canada other than the business of banking and
any business generally that appertains to the
business of banking.
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Included
activities
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(2) For greater certainty, the business of
banking includes
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Additional
powers
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539. (1) In addition to exercising the powers
that an authorized foreign bank may exercise
under section 538, an authorized foreign bank
may, in Canada,
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Restriction
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(2) Except as authorized by or under this
Act, an authorized foreign bank shall not deal
in Canada in goods, wares or merchandise or
engage in any trade or other business.
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Regulations
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(3) The Governor in Council may make
regulations
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Restrictions
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540. (1) Where subsection 524(2) applies,
the authorized foreign bank shall not, in
respect of its business in Canada,
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Require- ments
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(2) Where subsection 524(2) applies, the
authorized foreign bank shall, in accordance
with any regulations that may be made,
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Regulations
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(3) The Governor in Council may make
regulations respecting notices and
advertisements for the purpose of subsection
(2).
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Authorized
borrowing
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(4) For the purposes of paragraph (1)(a), an
authorized foreign bank may accept deposit
liabilities or otherwise borrow money, by
means of financial instruments that cannot be
subsequently sold or traded, from
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Non- application of paragraph (1)(c)
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(5) Paragraph (1)(c) does not apply in
respect of securities or bills of exchange that
are sold to or traded with any entity referred to
in paragraph (4)(a) or (b) and that cannot
subsequently be sold or traded.
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Application of
certain
provisions
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541. (1) The provisions of this Act that
apply in respect of an authorized foreign bank
apply in respect of an authorized foreign bank
that is subject to the restrictions and
requirements referred to in subsection 524(2),
with any modifications that may be required to
take into account those restrictions and
requirements.
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Non- application of certain provisions
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(2) The following provisions do not apply in
respect of an authorized foreign bank that is
subject to the restrictions and requirements
referred to in subsection 524(2):
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