Part 6 — Special Seizure Mechanisms
65 Effect of transfer
by section 146 of the Business Corporations Act or Part 4, Division
10 of the Cooperatives Act to be a party, a transferee of a security
from the agency is deemed to be a party to any shareholders'
agreement regarding
(a) the management of the aff airs of the Alberta private
company, or
(b) the exercise of voting rights attached to the seized shares,
to which the enforcement debtor was a party at the time of the
seizure and of which the transferee had knowledge at the time of
the transfer if the shareholders' agreement contains provisions
intended to have the effect of precluding the enforcement debtor
from transferring the security except to a person who agrees to be a
party to that shareholders' agreement.
(2) Notwithstanding subsection (1) of this section, Part 4, Division
10 of the Cooperatives Act and section 146 of the Business
Corporations Act, the Court may grant a declaration that the
transferee is not bound by a term or provision of any agreement,
RSA 2000
bylaw or article that discriminates against the transferee by reason
of the transferee acquiring the securities through writ proceedings.
RSA 2000 cC-15 s65;2001 cC-28.1 s448;2006 cS-4.5 s107
66 Repealed 2006 cS-4.5 s107.