Request to Financial Institution Regarding Fund Holding

Understanding the "Request to a Financial Institution Regarding the Holding of Funds" Form

The "Request to a financial institution regarding the holding of funds" is an official form issued by the Curateur public du Québec. It is designed for legal guardians or tutors who manage the financial assets of minors or incapacitated individuals. This form helps ensure that the financial institution holding the funds respects the restrictions imposed by the tutor or guardian, especially when it comes to safeguarding investments or other securities.

When Should You Use This Form?

This form is typically used in situations where a tutor or legal guardian wishes to prevent a financial institution from disposing of or transferring certain funds or securities on behalf of the individual they represent. For example, if you are managing investments for a minor or an incapacitated adult, and you want to ensure that these assets are preserved according to legal or court directives, you should submit this request.

It is important to note that this form applies specifically to securities such as investments, and it is used to restrict the disposition of both capital and interest, depending on the instructions provided. The form remains valid until the guardian or the legal authority authorizes its termination, which can be done under certain conditions outlined below.

Key Information Required on the Form

Identification of the Financial Institution

• Name of the financial institution
• Address
• Postal code
• Telephone number

Identification of the Represented Person

• Last name
• First name
• File number with the Curateur public du Québec

Details of the Request from the Tutor

The tutor must specify the individual for whom they are managing assets, their own identity, and the securities affected. This includes:

• Nature of security
• Security number
• Value of security
• Interest rate
• Maturity date (yyyy-mm-dd)

Specific Instructions and Conditions

The form allows the tutor to specify that the restriction applies solely to the capital or both capital and interest, depending on their needs. It is important to note that the restriction remains in effect regardless of the security’s maturity date, unless explicitly terminated.

Termination of the restriction requires written authorization from the tutorship council. This can occur under certain conditions, such as:

• The minor reaching majority or obtaining a court judgment ending incapacity (notice of release of protective supervision)
• The heirs of the estate of the minor or incapacitated adult, if applicable

Important Points to Consider

• Market Fluctuations: The institution does not guarantee the capital amount, which can fluctuate due to market variations.
• Duration of Restriction: The restriction remains in force until explicitly lifted by authorized parties.
• Signature and Date: The form must be signed by the tutor and dated accordingly.

How to Submit the Form

The completed form should be sent directly to the financial institution holding the securities. It is recommended to keep a copy for your records. Since this is an official legal document, ensure all information is accurate and complete to avoid delays or issues with the restrictions.

Final Advice

Always consult with a legal professional or the Curateur public du Québec if you are unsure about the process or the implications of restricting funds. Proper legal guidance ensures that the restrictions are valid, enforceable, and aligned with the best interests of the represented individual.