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Law to better protect
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Administer the investments based on their yield, diversifying them if possible. You may also continue with the investments held at the time you were appointed.
In managing the property of the person for whom you are responsible, you have to limit yourself to presumed sound investments, in accordance with the provisions of the Civil Code of Québec.
Like any other transaction, investments have to be Registered in your name in your official capacity as curator or tutor (ès qualités), or in the name of the person represented, specifying that the investments have been made by you in your official capacity as tutor or curator.
Accounts at a financial institution (bank, caisse populaire, etc.) |
The money must be available on demand or within no more than 30 days, unless the deposit is guaranteed by the Autorité des marchés financiers (maximum $100,000 per account and per financial institution). Unless these conditions are met, you need court authorization before making a deposit. |
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Bonds |
Must be issued or guaranteed by the Government of Québec or another province, or the Government of Canada, the United States or one of its states, a municipality, a school board, or certain Canadian public utilities, etc. |
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Common shares |
Must be:
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Preferred shares |
Must be fully paid and issued by a corporation whose Canadian shares are presumed sound investments. |
Shares in an investment fund Shares in mutual funds or in a private trust |
60% of the portfolio must consist of presumed sound investments. |
Real estate |
Included in presumed sound investments. |
First loan on real estate in Québec |
Must be guaranteed or insured by Québec or another Canadian province. OR Must not exceed 80% of the real estate’s value. |
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The above list is not exhaustive.
If you make presumed sound investments, you are deemed to have acted prudently. When you make investments other than those specified by the Civil Code of Québec, you are automatically liable for any losses.
