Part IMiscellaneous NoticeVolume 159, Number 1Published: January 4, 2025
BNY Trust capital reduction up to $26.5M
Canada Gazette, Part I, Volume 159, Number 1: MISCELLANEOUS NOTICES
BNY TRUST COMPANY OF CANADA
Key facts
- Published
- January 4, 2025
- Comment deadline
- Unclear
- Effective date
- Unclear
Summary#
BNY Trust Company of Canada says it intends to apply to the Superintendent of Financial Institutions (Canada) under the Trust and Loan Companies Act (Canada) to reduce the stated capital of its common shares. Its sole shareholder passed a special resolution on September 12, 2024 to allow a reduction of up to $26.5 million; the exact amount would be set by the company’s CFO if approval is granted.
What it does#
- Asks for regulatory approval to cut the company’s stated capital for common shares by up to $26.5 million.
- The amount reduced would be paid out to the company’s sole shareholder.
- The company’s Chief Financial Officer would decide the final amount, within that $26.5 million limit.
- Company directors and officers are authorized to take the steps needed to seek approval and carry out the reduction.
- The notice warns that publishing it does not mean approval will be granted.
Who's affected#
- BNY Trust Company of Canada (the company proposing the change).
- The company’s sole shareholder, who would receive the distribution.
- Superintendent of Financial Institutions (Canada), who will decide whether to approve the request.
- The notice does not say whether customers, creditors, or other third parties will be affected, so that is unclear from this item.
Why it matters#
- If approved, up to $26.5 million would move from the company’s stated capital to its sole shareholder as a distribution.
- That changes the company’s capital structure, which can affect how much capital the company has available to absorb losses or meet regulatory requirements. The notice does not say whether regulators consider the company’s capital after the change to be adequate.
- Because approval is required, this is a proposal at this stage — not a completed transaction.
Key topics
Trust and Loan Companies Act (Canada)BNY Trust Company of CanadaSuperintendent of Financial Institutions (Canada)stated capitalcapital reductionshareholder distributionChief Financial Officertrust companiesfinancial institutions regulationcorporate governance
Source: Canada Gazette