Hometime

Hometime · Alberta legislation

CPA Condominium Property Act

CPA · Cooperatives Act

Part 9 — Security Certificates, Registers and Transfers Division 1 Interpretation and Application

176 Deceased owner

Current to 2023-12-07 · Official PDF

(1) Subject to any applicable law relating to the collection of
taxes, a person who is an heir or a fiduciary of an estate or
succession of a deceased security holder is entitled to become the
registered holder or to designate a registered holder if the person
deposits the following information with the cooperative or its
transfer agent, together with any reasonable assurances that the
cooperative may require:
(a) the security certificate or , in default of one, a document
proving that the deceased was the security holder;
(b) a document proving the death of the security holder;
(c) a document proving that the heir or fiduciary has the righ t
under the law of the place in which the deceased was
domiciled immediately before death to deal with the
security.

(2) A security certificate referred to in subsection (1)(a) must be
endorsed
(a) in the case of a transfer t o an heir or fiduciary, by that
person, and
(b) in any other case, in a ma nner acceptable to the cooperative.
(3) Deposit of the documents required by subsection (1) empowers
a cooperative or its transfer agent to record in a securities register
the transfer of a security from the deceased holder to the heir or
fiduciary or to any person that the heir or fiduciary may designate
and to treat the person who becomes a registered holder as the
owner of the securities.