69. A plan may acquire and hold fully paid common shares of a corporation or of a cooperative agricultural association or fully paid shares of a cooperative association or of a savings and credit union if one or the other, as the case may be, has during a period of 5 years that ended less than one year before the date of acquisition and during at least 4 of those 5 years, including the last year:
(a) obtained on its common shares or shares a net yield of at least 4% of the average value at which they were entered in its capital account during the year in which it has made earnings available for payment of dividends or interests; or
(b) paid on its common shares or shares a dividend or interest of at least 4% of the average value at which they were entered in its capital account during the year in which it has paid a dividend or interest.
No plan shall hold more than 30% of the common shares or of a class of common shares of one corporation or cooperative agricultural association or of the shares or of a class of shares of one cooperative association or savings and credit union.
For the purposes of this section, where a corporation, a cooperative agricultural association, a cooperative association or a savings and credit union holds more than 50% of the common shares or shares of another corporation, association or union, and where it accounts are presented to its shareholders or members in consolidated form, the yield must be computed on the basis of these accounts. Similarly, in the case of a corporation, association or union continuing or formed as a result of an amalgamation, the yield is determined, for any relevant period prior to the date of amalgamation, as though the consolidated accounts of the amalgamated corporations, associations or unions had been established.
R.R.Q., 1981, c. R-17, r. 1, s. 69.