Establishing a liquidating trust
The applicant should be able to demonstrate that on the basis of an international comparison, it is well capitalized, meets as a minimum the Bank for International Settlements (BIS) standards, as applied in both its home jurisdiction and Canada, and has satisfactory financial capability, strength and sound performance.
Its performance record may be demonstrated through such indicators as return on assets, return on capital and level of non-performing assets.
Worse yet is that in defending against the objection it may become clear to the objectors and the court that the author never bothered to consider the importance of the provisions contained in (or omitted from) the agreement.
The Minister's decision to issue an order pursuant to sub-section 524(1) of the Where the applicant currently operates a deposit-taking subsidiary in Canada, the application and assessment process may be streamlined, where possible.
A crucial part of the assessment process will be the deposit-taking institution's regulatory history with OSFI and other regulators.
The Indenture Trustee is the beneficiary of the Liquidating Trust and Aviation Capital Group LLC will act as liquidating trustee.
The Liquidating Trust is expected to terminate, subject to the terms of the Liquidating Trust Agreement, on or about April 17, 2018.Do the beneficiaries have rights to control the trustee’s actions?