Trust and Loan Companies Act — T-19.8 2
tion de fermeture ) guarantee includes a letter of credit; ( garantie ) guaranteed trust money means money that is received in trust for investment by a company that is a trust company pursuant to subsection 57(2) and that is subject to a guarantee by the company in respect of the payment of interest or repayment of the principal or both; ( fonds en fiducie garantie ) head office means the office required to be maintained by a company pursuant to section 242; ( siège ) holder means (a) in respect of a security certificate, the person in possession of the certificate issued or endorsed to that person or to bearer or in blank, and (b) in respect of the ownership of a share, the shareholder of the share within the meaning of section 7; ( détenteur ) holding body corporate means a holding body corporate within the meaning of section 4; ( société mère ) incorporated , when used with reference to a body corporate that is incorporated by or under an Act of Parliament or of the legislature of a province, also refers to a body corporate that is continued by or under any such Act; ( constitué en personne morale ) incorporating instrument means the special Act, letters patent, instrument of continuance or other constating instrument by which a body corporate was incorporated or continued and includes any amendment to or restatement of the constating instrument; ( acte constitutif ) incorporator , in relation to a company, means a person who applied for letters patent to incorporate the company; ( fondateur ) insurance holding company means a body corporate that is incorporated or formed under Part XVII of the Insurance Companies Act ; ( société de portefeuille d’assurances ) issuer , in respect of a security, means the entity that issues or issued the security; ( émetteur ) letters patent , in respect of an instrument authorized to be issued under this Act, means letters patent in a form approved by the Superintendent; ( lettres patentes ) Minister means the Minister of Finance; ( ministre ) minor has the same meaning as in the applicable provincial law and in the absence of any such law has the same meaning as the word “child” in the United Nations Convention on the Rights of the Child adopted in the United Nations General Assembly on November 20, 1989; ( mineur ) non-WTO Member foreign institution means a foreign institution that is not controlled by a WTO Member resident; ( institution étrangère d’un non-membre de l’OMC ) officer means (a) in relation to a body corporate, a chief executive officer, president, vice-president, secretary, controller, treasurer and any other natural person designated as an officer of the body corporate by by-law or by resolution of the directors of the body corporate, and (b) in relation to any other entity, any natural person designated as an officer of the entity by by-law, by resolution of the members thereof or otherwise; ( dirigeant ) order form , in respect of a security, means a security in order form as determined in accordance with subsection 86(3); ( titre à ordre ) ordinary resolution means a resolution passed by a majority of the votes cast by or on behalf of the shareholders who voted in respect of that resolution; ( résolution ordinaire ) person means a natural person, an entity or a personal representative; ( personne ) personal representative means a person who stands in place of and represents another person and, without limiting the generality of the foregoing, includes, as the circumstances require, a trustee, an executor, an administrator, a committee, a guardian, a tutor, a curator, an assignee, a receiver, an agent or an attorney of any person; ( représentant personnel ) prescribed means prescribed by regulation; ( Version anglaise seulement ) property , in respect of a company that is a trust company pursuant to subsection 57(2), includes property held by the company in respect of guaranteed trust money; ( biens ) proxy means a completed and executed form of proxy by means of which