A-6.001, r. 10 - Regulation respecting the replacement of certificates evidencing the existence of bonds or other debt securities

Section 5 Disposition versions

2012-09-01

5. The affidavit required under paragraph 2 of section 3 must include the following particulars:

(1)  the name and address of the person making the affidavit;

(2)  his capacity;

(3)  the name and address of the owner of the lost, stolen or destroyed security;

(4)  a statement to the effect that the security reported as lost, stolen or destroyed has not been in any way sold, transferred, assigned, exchanged, alienated, seized, confiscated, hypothecated or otherwise charged;

(5)  a statement to the effect that in spite of a thorough search the security cannot be located and is not likely to ever be found;

(6)  an undertaking to the effect that if the lost, stolen or destroyed security should ever come into the possession or control of the person making the affidavit, it will immediately be returned to the Minister; and

(7)  acknowledgement by the person making the affidavit that replacement or redemption of the security is made on the strength of his statement and that without it, the Minister would not have consented to the replacement or redemption.

Where the person making the statement is not the owner of the security for which replacement or redemption is requested, he must enclose the original or a certified copy of the document evidencing his capacity.

O.C. 1261-85, s. 5.