Substantial Investments - Appendix B.5
Information
Table of contents
Appendix B.5 – Trust and Loan Companies
Investments for a Limited Period of Time
This document has been prepared for convenience of reference only and has no official sanction. For all purposes of interpreting and applying the law, users should consult the ICA.
Notes:
In this Appendix,
- Company refers to a trust or loan company, as the case may be;
- other abbreviations and capitalized terms have the meaning ascribed to them on pages 1 and 2 of the Advisory; and
- references to provisions are to those of the TLCA.
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Temporary investment [451(3)(a) and 456] |
A Company may acquire control of, or acquire or increase a substantial investment in, any entity as a temporary investment [456(1)]. Holding period:
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Loan workout [451(3)(b) and 457] |
Where an entity is in default with respect to a loan that a Company or its subsidiary has made to the entity, the Company or the subsidiary may acquire all or any of the shares of, or ownership interests in, (i) the entity, (ii) any affiliates of the entity, or (iii) an entity that is primarily engaged in holding shares of, ownership interests in, or assets acquired from, the entity to which the loan was made or any affiliates of the entity to which the loan was made [457(1)]. Holding period:
Despite the above, where a foreign government, or an entity controlled by a foreign government, is in default with respect to a loan from, or debt obligations held by, a Company, the Company may acquire all or any of the shares of, or ownership interests in, the entity or any other entity designated by the foreign government, if the acquisition is part of a debt restructuring program [457(5)]. The Company may hold those shares or ownership interests for a period specified by the Superintendent, including for an indeterminate period [457(6)]. |
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Realization of a security interest [451(3)(c) and 458] |
A Company may, through the realization of a security interest held by the Company or its subsidiary, acquire control of, or acquire or increase a substantial investment in, any entity [458(1)]. Holding period:
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