Canada Deposit Insurance Corporation Co-owned and Trust Deposit Disclosure By-law — 11
Attestation 11 (1) An initial attestation referred to in paragraph 8(1)(b) of the schedule to the Act must (a) set out the member institution’s name and the nominee broker’s legal name and mailing address; (b) include, if the nominee broker states that they are capable of fulfilling the obligations set out in paragraph 7(1)(b) of the schedule to the Act, a description of the nominee broker’s policies and procedures for ensuring that they are capable of fulfilling those obligations; (c) include, if the nominee broker states that they are not capable of fulfilling the obligations set out in paragraph 7(1)(b) of the schedule to the Act, an explanation of why they are not capable and their proposed actions and time frame for remedying the situation; (d) be signed by the nominee broker or a senior officer of the nominee broker; (e) set out the mailing address, email address and telephone number of the person who signed the attestation and, if the nominee broker is not an individual, of another senior officer of the nominee broker; and (f) be sent electronically not later than the 30th day after the day on which the nominee broker becomes a party to the agreement or arrangement that requires the making of the attestation. Multiple agreements or arrangements (2) For greater certainty, if an initial attestation is required under more than one agreement or arrangement entered into by a nominee broker within a 30-day period, the nominee broker may make and send to the Corporation, not later than the 30th day after the day on which the first agreement or arrangement is entered into, a single attestation containing the names of all of the member institutions with which the agreements or arrangements are entered into. Update (3) An updated attestation referred to in paragraph 8(1)(b) of the schedule to the Act must (a) set out the nominee broker’s legal name and mailing address; (b) set out the name of each member institution with which the nominee broker has entered into an agreement or arrangement, highlighting any changes since the most recent updated attestation; (c) include, if the nominee broker states that they are capable of fulfilling the obligations set out in paragraph 7(1)(b) of the schedule to the Act, a description of the nominee broker’s policies and procedures for ensuring that they are capable of fulfilling those obligations, unless they are unchanged since the nominee broker’s last updated attestation; (d) include, if the nominee broker states that they are not capable of fulfilling the obligations set out in paragraph 7(1)(b) of the schedule to the Act, an explanation of why they are not capable and their proposed actions and time frame for remedying the situation; (e) be signed by the nominee broker or a senior officer of the nominee broker; (f) set out the mailing address, email address and telephone number of the person who signed the attestation and, if the nominee broker is not an individual, of another senior officer of the nominee broker; and (g) be sent electronically no later than May 31 of each year, starting in 2022, and within 10 days after any change to the nominee broker’s legal name or to their capability to fulfill the obligations set out in paragraph 7(1)(b) of the schedule to the Act.