Investment Limits (Canadian Societies) Regulations — 10
Certain indirect interests 10 (1) If a society or a designated entity controlled by a society makes a loan to, or beneficially owns or guarantees the debt obligation of, a third party, the loan or debt obligation is an interest of the society in real property if it is secured by (a) real property beneficially owned by a third party in conjunction with (i) the society, (ii) the designated entity, (iii) a related real property entity of the society, (iv) a financial institution controlled by the society, (v) an entity controlled by a financial institution referred to in subparagraph (iv), or (vi) a real property entity described in subparagraph 9(1)(c)(i) or (ii); or (b) shares or ownership interests beneficially owned by a third party in (i) an entity that beneficially owns real property in conjunction with the society, a related real property entity of the society or a designated entity controlled by the society, or (ii) a related real property entity of the society. Value of those interests (2) The value of the interests of a society in real property is (a) in respect of a loan or debt obligation that is secured by real property referred to in paragraph (1)(a), the lesser of (i) the net realizable value of the third party’s interest in the real property at the time that the security interest was given, and (ii) the amount determined by the formula A - B where A is (A) if the loan was made by the society or a designated entity controlled by the society or the debt obligation is beneficially owned by the society or a designated entity controlled by the society, the book value of the loan or debt obligation, or (B) if the debt obligation is guaranteed by the society or a designated entity controlled by the society, the face value of the guarantee, and B is the total net realizable value of any other security interests that were given for the loan or debt obligation; (b) in respect of a loan or debt obligation that is secured by shares or ownership interests beneficially owned by a third party in an entity referred to in subparagraph (1)(b)(i), the lesser of (i) the net realizable value of the third party’s interest in those shares or ownership interests at the time that the security interest was given, and (ii) the amount determined by the formula A - (B - (C × D/E)) where A is (A) if the loan was made by the society or a designated entity controlled by the society or the debt obligation is beneficially owned by the society or a designated entity controlled by the society, the book value of the loan or debt obligation, or (B) if the debt obligation is guaranteed by the society or a designated entity controlled by the society, the face value of the guarantee, B is the total net realizable value of all security interests that were given for the loan or debt obligation, C is the net realizable value of the entity’s interest in the real property referred to in subparagraph (1)(b)(i), D is the value of the shares or ownership interests that are given as the security interest, and E is the total value of the outstanding shares or ownership interests in the entity; and (c) in respect of a loan or debt obligation that is secured by shares or ownership interests beneficially owned by a third party in a related real property entity referred to in subparagraph (1)(b)(ii), the lesser of (i) the net realizable value of the third party’s interest in those shares or ownership interests at the time that the security interest was given, and (ii) the amount determined by the formula A - B where A is (A) if the loan was made by the society or a designated entity controlled by the society or the debt obligation is beneficially owned by the society or a designated entity controlled by the society, the book value of the loan or debt obligation, or (B) if the debt obligation is guaranteed by the society or a designated entity controlled by the society, the face value of the guarantee, and B is the total net realizable value of any other security inter