A-6.001, r. 9 - Regulation respecting savings products

Full text
SCHEDULE II
(Revoked)
O.C. 1129-2008, Sch. II; 767-2020O.C. 767-2020, s. 22.
SCHEDULE II
(s. 61)


333, Grande Allée Est Schedule II (s. 61)
Québec (Québec) G1R 5W3

1-800 463-5229
1. HYPOTHECARY CREDITOR (BLOCK LETTERS)
Name of financial institution Inst. number Transit
Number Street
City Prov. Postal code
Representative(s) of the institution:
1) -
Last name and first name (BLOCK LETTERS) Title Telephone Ext.
2) -
Last name and first name (BLOCK LETTERS) Title Telephone Ext.
2. PARTICIPANT (HYPOTHECARY DEBTOR)
The participant is : * an individual or his (her) succession
* a corporation, legal person, foundation or trust
Date of birth
Name of the participant - Last name and first name if an INDIVIDUAL (BLOCK LETTERS) DD MM YYYY Participant number (if known)
Number Street Apt.
City Prov. Postal code Social insurance number
for an INDIVIDUAL
Represented by (if applicable)*:
-
Last name and first name (BLOCK LETTERS) Title Telephone Ext.
* If more than one representative, provide the information on a separate sheet.
3. DESCRIPTION OF HYPOTHECATED SECURITIES
Product Par value Type of Maturity date
(According to the name indicated on the portfolio statement) interest*
$
DD MM YYYY
$
DD MM YYYY
$
DD MM YYYY
Attach a separate sheet if needed. Total par value: $ Amount of hypothec: $

Attention: For Québec Stock Index Bonds, and for all simple interest (IPA and IPM) savings products, only the principal can be subject to a movable hypothec.
*Type of interest: ICA = Interest compounded annually IPA = Interest paid annually IPM = Interest paid monthly
4. SIGNATURES
The signatories require registration of this notice of hypothec in the book based system:
Date
Signed at
Name of the city or municipality (BLOCK LETTERS) DD MM YYYY
X X
Signature of the participant (hypothecary debtor) or representative Signature of representative 1 of the financial institution
X X
Signature of another representative of the participant (IF REQUIRED) Signature of representative 2 of the financial institution, if necessary
ATTENTION: These documents will be returned to you if the stamp of the financial institution does not appear below.
F41 (2008-01)











Épargne
Placements

NOTICE OF HYPOTHEC

Seal, mark or stamp of the financial institution
ASSIGNMENT AND HYPOTHEC OF SECURITIES
For the purposes of section 74 of the Financial Administration Act (c. A-6.001), the Minister of Finance may make applicable the provisions of this chapter to any of the savings products by declaring, at the time they are issued, whether they are unassignable or assignable and whether or not they may be charged with a movable hypothec.
A security may be assigned, by onerous or gratuitous title, only on the following conditions:
1. the security is a savings product that has been declared assignable;
2. the assignee belongs to a class of authorized purchasers of the savings product.
An assignment of security must be effected through a transfer made in accordance with the provisions that apply for that purpose. The assignment may be set up against Épargne Placements Québec only as of such transfer.
A security may be charged with a hypothec only on the following conditions:
1. the security is a savings product that has been declared a savings product that may be hypothecated;
2. the hypothec is granted to a financial institution that is a bank, a trust company, a savings company or a savings and credit union, or to the Québec government for the purposes set out in the Regulation respecting savings products (c. A-6.001, r. 9).
In addition to the conditions mentioned in the preceding paragraph, the hypothec must be a hypothec with delivery; delivery results from an entry in the book based system of the rights of the hypothecary creditor in the hypothecated security.
The hypothec may not charge all of a participant’s securities. A hypothec on all of a participant’s property or claims may not be set up against Épargne Placements Québec in relation to the participant’s securities.
Upon receiving a notice of hypothec, Épargne Placements Québec carries out the required registrations in the book based system.
The notice must be given by completing the “Notice of Hypothec” form.
A transaction request regarding a hypothecated security must be made in writing and be accompanied by the consent of the hypothecary creditor.
Subject to the remedy of taking in payment, the hypothecary creditor may not, in advance of the maturity date of the hypothecated security, collect the interest or the principal pertaining to such security.
However, the creditor may, in the event of the participant’s default and upon written notice to Épargne Placements Québec, obtain repayment of the principal and payment of any interest failing due in respect of the hypothecated security, if the security is repayable in advance of the maturity date.
In the event the hypothecary creditor exercises the remedy of taking in payment, it is entitled, if it is an authorized purchaser of the hypothecated security and upon presentation of the written consent of the participant or an irrevocable judgment, to obtain a transfer of the ownership of the security in accordance with the provisions that apply for that purpose.
In the creditor is not an authorized purchaser of the hypothecated security, it is entitled to obtain, upon presentation of the written consent of the participant or an irrevocable judgment, the repayment of the principal and the interest payable, if any, regarding the hypothecated security if such security is repayable in advance of the maturity date.
O.C. 1129-2008, Sch. II.