Banks & Banking Law
The law of Banking applies to financial institutions and consumers of debt financing.
Clients are typically:
- domestic and foreign banks,
- bank holding companies,
- leasing companies,
- finance companies,
- other financial institutions,
- individual and financial,
- trustees in bankruptcy,
- borrowers when dealing with lenders or credit granters.
- incorporation of banks;
- all manner of corporate and private lending,
- financing and refinancing;
- cross-border and international banking transactions;
- financial leasing;
- electronic banking,
- regulatory and corporate governance,
- commercial and real estate lending,
- consumer lending,
- agricultural lending,
- construction financing,
- inventory financing by suppliers,
- securitization transactions,
- lending to aboriginal groups,
- security documentation and registrations,
- mortgage foreclosure,
- debt and loan restructuring and work outs,
- loan recovery and enforcement.,
- loan security,
In Canada, the federal government has the exclusive constitutional power to legislate with respect to banks.
Personal Property Security Acts (PPSA) are registries set up in certain provinces (Ontario, New Brunswick, Nova Scotia, Saskatchewan, British Columbia, Newfoundland, Northwest Territories, Manitoba and Yukon), at which secured creditors register the security interest the have in assets of the company or person they lent money to.
Registration serves as a public notice that the interest exists against the collateral.
PPSA’s do not provide for registration of all secured assets. For example, the BC registry does not accept builders or warehousemen liens, judgments, real property mortgages, or motor vehicle ownership.
The Ombudsman for Banking Services and Investments (OBSI) is an independent organization that investigates customer complaints against financial services providers, including banks and other deposit-taking organizations, investment dealers, mutual fund dealers and mutual fund companies.