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Section |
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Part 1 -- Interpretation and
Application |
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1 |
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Definitions and interpretation |
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2 |
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When status as reporting association ceases |
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3 |
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Corporate relationships |
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4 |
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Share ownership |
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5 |
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Application of Company Act to associations |
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6 |
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Application of Company Act to
extraprovincial associations |
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7 |
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Rules for Company Act interpretation |
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8 |
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Cooperative basis |
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9 |
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Patronage returns |
Part 2 -- Incorporation |
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Division 1 -- Formation of
Associations |
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10 |
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Formation of association |
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11 |
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Filing memorandum and rules |
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12 |
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Memorandum requirements |
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13 |
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Rules |
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14 |
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List of directors |
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15 |
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Registration documents |
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16 |
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Conclusiveness of certificate |
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17 |
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Incorporation from date of certificate |
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18 |
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Effect of memorandum and rules |
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19 |
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Power and capacity |
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20 |
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Restricted business and powers |
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21 |
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No constructive notice |
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Division 2 -- Name |
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22 |
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Name reservation |
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23 |
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Form of name |
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24 |
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Registrar's discretion as to name |
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25 |
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Use of "cooperative" and its
derivatives in business name restricted |
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26 |
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Publication of name |
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Division 3 -- Registered Office |
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27 |
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Registered office |
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28 |
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Service of documents |
Part 3 -- Membership and Voting |
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Division 1 -- Membership |
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29 |
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Membership |
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30 |
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Membership share requirement |
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31 |
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Members under 19 years of age |
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32 |
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Government, first nations and corporations as
members |
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33 |
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Withdrawal from membership |
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34 |
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Termination of membership in an association
other than a housing cooperative |
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35 |
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Termination of membership in a housing
cooperative |
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36 |
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Notices respecting the termination of members |
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37 |
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Appeal from termination of membership |
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38 |
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Requirement to redeem shares on membership
withdrawal or termination |
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39 |
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Special resolution for readmission |
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Division 2 -- Voting by Members |
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40 |
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Right to vote |
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41 |
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Special voting rights for classes of membership |
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42 |
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Joint members |
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43 |
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Proxy voting |
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44 |
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Voting choices for a member |
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45 |
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Corporate membership -- equitable voting |
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Division 3 -- Delegate System
of Voting |
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46 |
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Rules may provide for a delegate system |
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47 |
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Executive committee |
Part 4 -- Finance |
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Division 1 -- Share Capital
Structure |
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48 |
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Capital -- membership and investment shares |
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49 |
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Investment shares -- provisions in memorandum
and rules |
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50 |
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Consistency between memorandum and rules |
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51 |
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Consideration for membership and investment
shares |
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52 |
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Issue of membership and investment shares |
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53 |
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Payments to joint shareholders |
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54 |
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Member share dividends or interest |
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55 |
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Liability of members and investment shareholders |
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56 |
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Association's lien on membership or investment
shares |
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57 |
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Membership or investment share certificates |
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58 |
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Particulars of issue on investment share
certificates |
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Division 2 -- Voting by
Investment Shareholders |
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59 |
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Investment shareholder voting rights and
restrictions |
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60 |
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Separate resolution rights not affected |
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61 |
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One investment share, one vote |
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62 |
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Proxy voting by investment shareholders |
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63 |
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Members holding investment shares |
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Division 3 -- Joint Investment
Shares |
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64 |
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Joint investment shares |
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65 |
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Joint tenancy or tenancy in common |
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Division 4 -- Share Capital
Redemption and Reduction |
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66 |
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Redeeming shares, loans to members, paying
dividends |
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67 |
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Reduction of share capital |
Part 5 -- Association Alterations |
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Division 1 -- Amendments to
Memorandum and Rules |
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68 |
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Amendment of memorandum and rules |
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69 |
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Effective date of amendment |
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70 |
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No interference with class rights without
consent |
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Division 2 -- Substantial
Disposition of Association's Undertaking |
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71 |
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No pledge or disposition of association's
undertaking without consent |
Part 6 -- Management |
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Division 1 -- Directors
Generally |
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72 |
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Directors |
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73 |
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First directors |
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74 |
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Election or appointment of directors |
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75 |
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Remuneration of directors |
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76 |
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Directors' responsibility to manage association |
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77 |
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Meetings of director |
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78 |
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Association to file notice as to directors |
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79 |
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Persons disqualified as directors |
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80 |
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Director ceasing to hold office |
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81 |
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Effective date of director's resignation |
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82 |
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Removal of director |
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83 |
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Notice of cessation |
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84 |
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Duties of directors |
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85 |
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Validity of acts of directors |
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Division 2 -- Disclosure and
Conflict of Interest Rules -- Directors and Officers |
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86 |
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Disclosable interest |
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87 |
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Director and officer to disclose interest |
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88 |
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Means of making disclosure |
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89 |
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Obligation to account for profits |
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90 |
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Approval |
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91 |
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Disclosure to shareholders |
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92 |
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Powers of court |
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93 |
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Court may make declaration |
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94 |
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Validity |
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95 |
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Disclosure of conflict of office or property |
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96 |
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Limitation of obligations of directors and
officers |
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Division 3 -- Indemnification
of Directors and Payment of Expenses |
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97 |
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Definitions |
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98 |
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Indemnification and payment permitted |
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99 |
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Mandatory payment of expenses |
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100 |
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Authority to advance expenses |
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101 |
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Indemnification prohibited |
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102 |
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Court ordered indemnification |
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103 |
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Insurance |
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Division 4 -- Officers |
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104 |
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Security by officers |
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105 |
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Duties of officers |
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106 |
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Validity of acts of officers |
Part 7 -- Auditors |
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Division 1 -- Appointment of
Auditor |
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107 |
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Application of the Company Act |
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108 |
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Auditors |
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109 |
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Exception |
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110 |
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Qualifications |
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111 |
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Persons not qualified as auditors |
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112 |
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Remuneration |
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113 |
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Removal of auditor |
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Division 2 -- Duties and Rights
of Auditors |
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114 |
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Annual audit |
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115 |
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Negative audit report |
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116 |
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Audited statements of subsidiaries |
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117 |
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Auditor's attendance |
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118 |
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Procedure |
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119 |
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Amendment of financial statements and report |
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120 |
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Access to records |
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121 |
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Information as to foreign subsidiaries |
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122 |
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Auditor's attendance at meetings |
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123 |
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Qualified privilege |
Part 8 -- Records |
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Division 1 -- Registers |
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124 |
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Register of members and investment shareholders |
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125 |
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Register of directors |
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Division 2 -- Records Filed
With the Registrar |
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126 |
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Annual report |
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127 |
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Financial statements of reporting associations |
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Division 3 -- General |
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128 |
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Records to be kept at registered office |
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129 |
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Records available to directors and former
directors |
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130 |
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Examination of records |
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131 |
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Reasonable restrictions |
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132 |
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Copies |
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133 |
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Lists of members, investment shareholders and
debentureholders |
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134 |
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Prohibition against improper use of list |
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135 |
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Association must give access to certain records |
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136 |
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Form of records |
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137 |
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Minutes |
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138 |
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Accounts at registered office |
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139 |
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Special resolutions to be filed |
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140 |
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Authentication |
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141 |
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Confidentiality |
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142 |
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Copies of memorandum and rules |
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Division 4 -- Meetings |
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143 |
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General meetings |
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144 |
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Provision for 2 or more general meetings for
same matters |
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145 |
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Semi-annual or other periodic meetings |
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146 |
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Notice of meetings to be given |
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147 |
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Manner of giving notice |
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148 |
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Place of meeting is British Columbia, or as
registrar approves |
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149 |
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Voting, in person at meeting or other form of
communication |
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150 |
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Holding of special general meetings |
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151 |
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Member requisitioned special general meetings |
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152 |
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Directors' decision whether to call
requisitioned meeting |
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153 |
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Information for annual general meeting |
Part 9 -- Court Proceedings and Investigations |
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154 |
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Interpretation |
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155 |
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Application of the Company Act |
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Division 1 -- Court Proceedings |
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156 |
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Court proceedings on member's or investment
shareholder's application |
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157 |
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Court's power to restrain breach or require
compliance |
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Division 2 -- Investigations |
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158 |
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Court may order investigation |
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159 |
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Association may require investigation |
Part 10 -- Dissent |
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160 |
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Definitions |
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161 |
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Right to dissent |
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162 |
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Loss of right to dissent |
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163 |
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Notice of resolution |
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164 |
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Notice of dissent |
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165 |
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Association's response to dissent |
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166 |
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Application to court |
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167 |
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Prohibition against payment |
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168 |
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Dissenter entitled to return of shares and
rights |
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169 |
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Disposition of shares |
Part 11 -- Special Purpose Associations |
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Division 1 -- Housing
Cooperatives |
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170 |
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Application |
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171 |
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Right to possession terminated |
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172 |
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Court order of possession |
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173 |
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Special provisions on dissolution or winding up
of a housing cooperative |
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Division 2 -- Certain Producer
Associations (Cooperative Marketing) |
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174 |
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Definitions |
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175 |
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Breach of contract |
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176 |
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Exception for fishing industry |
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177 |
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Termination of marketing contract after notice |
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178 |
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Requirement to respect cooperative marketing
contract |
Part 12 -- Extraprovincial Associations |
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179 |
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Application of Part |
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180 |
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Registration under this Act of extraprovincial
corporations organized on a cooperative basis |
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181 |
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Registration as an extraprovincial corporation |
Part 13 -- Continuation, Amalgamation |
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Division 1 -- Continuation of
Cooperative Associations into or out of British Columbia |
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182 |
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Definitions |
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183 |
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Continuation into British Columbia |
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184 |
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Instrument of continuation |
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185 |
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Certificate of continuation into British
Columbia |
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186 |
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Consequences of continuation into British
Columbia |
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187 |
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Continuation from British Columbia |
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188 |
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Abandonment of continuation application |
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189 |
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Filing requirements and registrar's certificate |
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190 |
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When Act ceases to apply to association
continued out of British Columbia |
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Division 2 -- Amalgamation of
Associations |
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191 |
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Amalgamation |
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192 |
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Consequences of amalgamation |
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193 |
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Exceptions to amalgamation |
Part 14 -- Dissolution, Winding Up, Restoration |
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194 |
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Application of the Company Act |
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195 |
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Cancellation of incorporation |
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196 |
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Dissolution and winding up |
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197 |
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Application for voluntary dissolution |
Part 15 -- Offences and Penalties |
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198 |
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Offence Act |
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199 |
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Offences |
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200 |
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Misleading statements an offence |
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201 |
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Penalties |
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202 |
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Remedies preserved |
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203 |
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Limitation period |
Part 16 -- Administration |
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Division 1 -- Registrar |
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204 |
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Registrar may refuse to accept filing |
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205 |
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Document imaging |
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206 |
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Inspection of records at registrar's office |
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Division 2 -- Appeal to
Commercial Appeals Commission |
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207 |
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Appeal from registrar's decisions |
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Division 3 -- General |
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208 |
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Arbitration of disputes |
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209 |
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Employment as inducement to invest |
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210 |
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Fees |
Part 17 -- Regulations |
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211 |
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Power to make regulations |
Part 18 -- Transitional Provisions |
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212 |
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Definitions |
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213 |
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Membership shares of pre-existing associations
with one class of share |
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214 |
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Membership shares of pre-existing associations
with 2 or more classes of shares |
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215 |
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Application of section 216 to certain
pre-existing associations |
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216 |
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Notice of rights and restrictions |
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217 |
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Former Act associations |
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218 |
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Powers of associations incorporated before June
30, 1988 |
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219 |
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Repeal |
220-228 |
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Consequential Amendments |
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229 |
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Commencement |