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ARTICLE · 15 DECEMBER 2006

Ontario’s New Laws For Pledging Securities

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New Ontario laws will apply to a pledge of securities beginning on January 1, 2007. The Securities Transfer Act, 2006 dramatically changes Ontario laws that govern the transfer of securities and the use of securities as collateral for loans, derivatives and other financings.

CanadaFinance and Banking

New Ontario laws will apply to a pledge of securities beginning on January 1, 2007. The Securities Transfer Act, 2006 dramatically changes Ontario laws that govern the transfer of securities and the use of securities as collateral for loans, derivatives and other financings. Similar laws will come into force in Alberta on the same day. The new laws are closely based on the Uniform Commercial Code in the United States, which was revised in a similar fashion in 1994, and has worked effectively since then.

One of the most significant changes in practice will arise when a secured party wants to rely on a securities account at another financial institution as collateral for a customer’s obligations. In typical cases, the secured party will need to either (i) arrange for the securities to be transferred into the secured party’s security account at CDS, at a securities dealer or at a custodian; or (ii) ask the customer’s securities dealer or custodian to sign a control agreement to protect

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