Directive No. 29 (Pre-1992)

Non-Resident Office

Issued: July 1, 1989

Reissued: January 10, 1991

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Printable Version: Non-Resident Office (PDF Format, 307 KB)

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Issue

1. The purpose of this Directive is to outline the position of the Superintendent regarding the use and operation of a non-resident office by trustees.

   Definitions

2. For the purpose of this Directive,
   1. Non-resident office is an office which is in operation and where there is no individual trustee on the premises on a full-time basis.
   2. Resident office means the principal place of business from which an individual trustee normally practises.

   Policy

3. Where a trustee wishes to operate out of a location other than his resident office, he must apply for the registration of the non-resident office.
4. This application is made, in writing, to the Bankruptcy Administrator responsible for the area in which the non-resident office will be located.
5. Such application shall meet the requirements at the Licensing Policy relating to Individuals or Corporations.
6. The responsibility for authorizing the registration of a non-resident office rests with the Bankruptcy Administrator.
7. To authorize the operation of a non-resident office where the trustee does not maintain any staff but provides personal services on a regular basis, the Bankruptcy Administrator must be satisfied that:
   1. there is an acceptable location for holding interviews and meetings of creditors; and
   2. all files are kept in the trustee's resident office.
8. To authorize the operation of a non-resident office where the trustee maintains his own staff, the Bankryptcy Administrator must be satisfied that:
   1. there is adequate facilities for holding interviews and meetings of creditors;
   2. there is proper internal controls over the operation of the non-resident office;
   3. where there are more than one licensed trustee in the resident office, one specific trustee is identified as the responsible trustee for the non-resident office;
   4. there is proper supervision of appointments by the trustee in charge of the non-resident office;
   5. a trustee will personally attend the non-resident office on a periodic basis;
   6. the maintenance of the files in the non-resident office will not adversely affect the administration of appointments; and
   7. the administration of appointments from the non-resident office does not cause additional costs for an estate.
9. A trustee may advertise the existence of the non-resident locations but such advertisement must be in accordance with the Superintendent's Directive on Advertising.
10. Before registering a non-resident office pursuant to paragraphs 7 or 8, the Bankruptcy Administrator will consider the overall performance of a trustee in the administration of his appointments.
11. Where the Bankruptcy Administrator is not satisfied of the trustee's overall performance in the administration of his appointments, he may:
    1. refuse the registration of a new non-resident office;
    2. cancel the registration of an existing non-resident office;
    3. refuse new appointments under the Bankruptcy Act;
    4. make a report to the Court either at the time of taxation or of the trustee's discharge;or
    5. make a report to the Surintendent.
12. Where the Bankruptcy Administrator takes any measure under paragraph 11, a trustee affected by such measure may make representations to the Superintendent.

The Superintendent of Bankruptcy
W. Clare

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