Acts and Regulations

S-5.5 - Securities Act

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Appointment of receiver
188(1)On application by the Commission, the Court of King’s Bench may make an order appointing a receiver, receiver and manager, trustee or liquidator of all or any part of the property of any person.
188(2)No order shall be made under subsection (1) unless the Court of King’s Bench is satisfied that
(a) the appointment of a receiver, receiver and manager, trustee or liquidator of all or any part of the property of the person is in the best interests of the creditors of the person or of persons any of whose property is in the possession or under the control of the person or is in the best interests of the security holders of or subscribers to the person, or
(b) it is in the public interest to make the order.
188(3)An order under subsection (1) may be made ex parte if the Court of King’s Bench considers it proper in the circumstances, but the period of appointment shall not exceed 15 days.
188(4)If an order under subsection (1) is made ex parte, the Commission may apply to the Court of King’s Bench within 15 days after the date of the order to continue the order or for the issuance of such other order as the Court of King’s Bench considers appropriate.
188(5)A receiver, receiver and manager, trustee or liquidator of the property of a person appointed under this section shall be the receiver, receiver and manager, trustee or liquidator of all or any part of the property belonging to the person or held by the person on behalf of or in trust for any other person, and, if so directed by the Court of King’s Bench, the receiver, receiver and manager, trustee or liquidator has the authority to wind up or manage the business and affairs of the person and has all powers necessary or incidental to that authority.
188(6)The fees charged and expenses incurred by a receiver, receiver and manager, trustee or liquidator appointed under this section in relation to the exercise of powers pursuant to the appointment shall be in the discretion of the Court of King’s Bench.
188(7)An order made under this section may be varied or discharged by the Court of King’s Bench on application to it.
2023, c.17, s.253
Appointment of receiver
188(1)On application by the Commission, the Court of Queen’s Bench may make an order appointing a receiver, receiver and manager, trustee or liquidator of all or any part of the property of any person.
188(2)No order shall be made under subsection (1) unless the Court of Queen’s Bench is satisfied that
(a) the appointment of a receiver, receiver and manager, trustee or liquidator of all or any part of the property of the person is in the best interests of the creditors of the person or of persons any of whose property is in the possession or under the control of the person or is in the best interests of the security holders of or subscribers to the person, or
(b) it is in the public interest to make the order.
188(3)An order under subsection (1) may be made ex parte if the Court of Queen’s Bench considers it proper in the circumstances, but the period of appointment shall not exceed 15 days.
188(4)If an order under subsection (1) is made ex parte, the Commission may apply to the Court of Queen’s Bench within 15 days after the date of the order to continue the order or for the issuance of such other order as the Court of Queen’s Bench considers appropriate.
188(5)A receiver, receiver and manager, trustee or liquidator of the property of a person appointed under this section shall be the receiver, receiver and manager, trustee or liquidator of all or any part of the property belonging to the person or held by the person on behalf of or in trust for any other person, and, if so directed by the Court of Queen’s Bench, the receiver, receiver and manager, trustee or liquidator has the authority to wind up or manage the business and affairs of the person and has all powers necessary or incidental to that authority.
188(6)The fees charged and expenses incurred by a receiver, receiver and manager, trustee or liquidator appointed under this section in relation to the exercise of powers pursuant to the appointment shall be in the discretion of the Court of Queen’s Bench.
188(7)An order made under this section may be varied or discharged by the Court of Queen’s Bench on application to it.