Section |
Part 1 -- Interpretation and Application |
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Division 1 -- Interpretation |
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1 |
Definitions |
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2 |
Corporate relationships |
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3 |
Share ownership |
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4 |
When a company is recognized |
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Division 2 -- Application |
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5 |
Application of Act to pre-existing companies |
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6 |
Special Act corporations |
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7 |
Dissolution |
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Division 3 -- Distribution of
Records |
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8 |
Mailing of records |
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9 |
Sending of records |
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10 |
Provision of records by registrar |
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11 |
Service of records |
Part 2 -- Incorporation |
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Division 1 -- Formation of
Companies |
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12 |
Formation of company |
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13 |
Notice of articles |
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14 |
Articles |
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15 |
Incorporation |
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16 |
Obligations of completing party |
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17 |
Articles on incorporation |
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18 |
Effect of incorporation |
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19 |
Evidence of incorporation |
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20 |
Effect of notice of articles and articles |
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21 |
Pre-incorporation contract |
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Division 2 -- Corporate
Names |
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22 |
Name of company |
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23 |
Reservation of name |
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24 |
Form of name for a company |
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25 |
Multilingual names |
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26 |
Assumed names |
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27 |
Name to be displayed |
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28 |
Registrar may order change of corporate name |
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29 |
Other changes of name |
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Division 3 -- Capacity and
Powers |
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30 |
Capacity and powers of company |
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31 |
Joint tenancy in property |
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32 |
Extraterritorial capacity |
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33 |
Restricted businesses and powers |
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Division 4 -- Company
Offices |
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34 |
Registered and records offices |
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35 |
Change of registered or records office |
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36 |
Change of agent's office |
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37 |
Completion of change of address |
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38 |
Transfer of registered office by agent |
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39 |
Elimination of registered office |
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40 |
Transfer of records office by agent |
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Division 5 -- Company
Records |
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41 |
Definition |
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42 |
Records office records |
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43 |
Form of records |
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44 |
Missing records |
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45 |
Examination of records |
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46 |
Copies |
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47 |
List of shareholders |
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48 |
Remedies on denial of access or copies |
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49 |
Company to file annual report |
Part 3 -- Finance |
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Division 1 -- Authorized Share
Structure |
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50 |
Authorized share structure |
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51 |
Description of authorized share structure |
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52 |
Change in authorized share structure |
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53 |
Subdivision, consolidation and change of shares |
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54 |
Alterations to authorized share structure, capital or shares |
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Division 2 -- Share
Attributes |
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55 |
Shares of the company |
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56 |
Contents of share certificate |
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57 |
Special rights or restrictions |
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58 |
Classes of shares |
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59 |
Shares in series |
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60 |
No interference with class or series rights without consent |
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Division 3 -- Issue and
Allotment of Shares |
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61 |
Issue and allotment of shares |
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62 |
Consideration for shares |
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63 |
Payment of consideration for shares |
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64 |
Deemed receipt of payment |
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65 |
Power of pre-existing company to allot and issue shares |
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66 |
Commissions and discounts |
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67 |
Validation of creation, issue or allotment |
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68 |
Fractional shares |
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69 |
Dividends |
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70 |
Reduction of capital |
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71 |
Exception to section 70 |
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72 |
Effective date of resolution |
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Division 4 -- Conversion,
Exchange or Acquisition of Shares by Company |
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73 |
Conversion or exchange |
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74 |
Company may redeem or purchase |
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75 |
Purchase of fractional shares |
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76 |
Purchase or acquisition prohibited when insolvent |
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77 |
Redemption prohibited when insolvent |
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78 |
Shares of pre-existing company to be purchased rateably |
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79 |
Shares of pre-existing company to be redeemed rateably |
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80 |
Cancellation and retention of shares |
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81 |
Elimination of fractional shares |
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Division 5 -- Purchase of
Shares by Subsidiary |
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82 |
Definitions |
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83 |
Subsidiary may purchase shares of parent |
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84 |
Purchase prohibited when insolvent |
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Division 6 -- Liability of
Shareholders |
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85 |
Liability of shareholders |
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86 |
Liability of a pre-existing company for partly paid shares |
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87 |
Shareholder's liability may be extinguished or reduced |
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88 |
Liability of former and present shareholders |
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Division 7 -- Trust
Indentures and Debt Obligations |
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89 |
Definitions |
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90 |
Application |
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91 |
Eligibility of trustee |
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92 |
Persons holding debt obligations may request information
from trustee |
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93 |
Information for trustee |
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94 |
Evidence of compliance with trust indenture |
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95 |
Contents of evidence of compliance |
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96 |
Additional evidence of compliance |
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97 |
Notice of default |
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98 |
Trustee's duty of care |
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99 |
Reliance on statements |
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100 |
Trustee not relieved from duties |
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101 |
Validity of perpetual debenture |
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102 |
Enforcement of contract to take debentures |
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103 |
Issue of redeemed debenture |
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Division 8 -- Receivers
and Receiver Managers |
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104 |
Powers of directors and officers |
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105 |
Duties of receiver and receiver manager |
Part 4 -- Securities, Registers and Transfers |
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Division 1 -- Interpretation
and General |
|
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106 |
Definitions and application |
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Division 2 -- Securities
and Securities Registers |
|
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107 |
Right to security certificate |
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108 |
Signature on security |
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109 |
Restriction or lien on security |
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110 |
Completion or alteration of a security |
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111 |
Securities registers |
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Division 3 -- Transfers to
Purchasers |
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112 |
Transfers require endorsement and delivery |
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113 |
Endorsement of securities |
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114 |
Guarantee of signature of endorser |
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115 |
Absence of endorsement |
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116 |
Delivery of a security |
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117 |
Delivery of a security if sold on exchange or through
brokers |
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118 |
Delivery of securities in negotiable form |
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119 |
Rights acquired by purchaser on transfer |
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120 |
Transfer may be effected through clearing agency |
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121 |
Transferor must provide requisites for registration of
transfer |
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122 |
Warranties in favour of purchaser |
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123 |
Other warranties |
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Division 4 -- Registration |
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124 |
Issuer must register transfer |
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125 |
Warranties on presentation |
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126 |
Assurances required by issuer |
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127 |
Effect of registration |
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Division 5 -- Defects and
Liabilities |
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128 |
Notice of terms of security |
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129 |
Unauthorized signatures on issue |
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130 |
Staleness as notice of defect |
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131 |
Constructive notice of adverse claim |
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132 |
Endorsement of security in bearer form |
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133 |
Effect of unauthorized endorsement |
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134 |
Action for wrongful transfer |
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135 |
Notice to issuer of adverse claim |
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136 |
Liability of issuer |
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137 |
If securities are lost, destroyed or wrongfully taken |
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138 |
Overissue |
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139 |
Duty of agents for issuer |
|
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140 |
Transfer by agent in good faith is not conversion |
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141 |
Obligations and defences of guarantor of security |
|
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142 |
Burden of proof |
Part 5 -- Management |
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Division 1 -- Directors |
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143 |
Number and residency of directors |
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144 |
First directors |
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145 |
Succeeding directors |
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146 |
Conditions of election or appointment of directors |
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147 |
Persons disqualified as directors |
|
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148 |
Share qualification |
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|
149 |
Register of directors |
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|
150 |
Companies to file returns as to directors |
|
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151 |
When directors cease to hold office |
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152 |
Application to remove self as director or officer |
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153 |
Vacancies among directors |
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Division 2 -- Powers and
Duties of Directors, Officers, Attorneys, Representatives and Agents |
|
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154 |
Powers and functions of directors |
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155 |
Revocation of resolutions |
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156 |
Proceedings of directors |
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157 |
Officers |
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158 |
Duties of directors and officers |
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159 |
Validity of acts of directors and officers |
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160 |
Corporations may grant power of attorney in writing |
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161 |
Corporate representatives |
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|
162 |
Person may rely on authority of companies and their
directors and officers |
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Division 3 -- Conflicts of
Interest |
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163 |
Disclosable interest |
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164 |
Directors and senior officers to disclose interests |
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165 |
Means of making disclosure |
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166 |
Obligation to account for profits |
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167 |
Approval of contracts and transactions |
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168 |
Disclosure to shareholders |
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169 |
Powers of court |
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170 |
Court may make declaration |
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171 |
Validity of contracts and transactions |
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172 |
Disclosure of conflict of office or property |
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173 |
Limitation of obligations of directors and senior officers |
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Division 4 -- Liability of
Directors |
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174 |
Directors' liability |
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175 |
Dissent procedure by companies |
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176 |
Legal proceedings on liability |
|
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177 |
Exculpation |
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|
178 |
Liability if company's name not displayed |
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Division 5 --
Indemnification of Directors and Payment of Expenses |
|
|
179 |
Definitions and application |
|
|
180 |
Indemnification and payment permitted |
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181 |
Mandatory payment of expenses |
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182 |
Authority to advance expenses |
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183 |
Indemnification prohibited |
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184 |
Court ordered indemnification |
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185 |
Insurance |
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Division 6 -- Meetings of
Shareholders |
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186 |
Location of and participation in general meetings |
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187 |
Requisitions for general meetings |
|
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188 |
Notice of meetings |
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189 |
Waiver of notice |
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|
190 |
Setting record dates |
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191 |
Quorum for shareholders' meetings |
|
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192 |
If only one shareholder at a meeting |
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193 |
Voting |
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194 |
Agreements about exercising voting rights |
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195 |
Date of resolution |
|
|
196 |
Subsidiary not to vote |
|
|
197 |
Election of chair |
|
|
198 |
Minutes |
|
|
199 |
Class meetings and series meetings |
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|
200 |
Annual general meetings |
|
|
201 |
Reporting company meetings |
|
|
202 |
Information for auditors and shareholders |
|
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203 |
Powers of court |
|
Division 7 --
Shareholders' Proposals |
|
|
204 |
Definitions and application |
|
|
205 |
Requirements for valid proposals |
|
|
206 |
Rights and obligations arising from proposal |
|
|
207 |
No liability |
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|
208 |
When companies need not process a proposal |
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Division 8 -- Insiders |
|
|
209 |
Liability of related persons |
|
Division 9 -- General |
|
|
210 |
Form and effect of contracts |
|
|
211 |
Authentication or certification of records |
|
|
212 |
Financial assistance |
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|
213 |
Court may waive disclosure |
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|
214 |
Disposal of unclaimed assets |
Part 6 -- Financial Records |
|
Division 1 -- Accounting
Records |
|
|
215 |
Accounting records required |
|
Division 2 -- Financial
Statements |
|
|
216 |
Exemption |
|
|
217 |
Financial statements |
|
|
218 |
Approval for publication |
|
|
219 |
Waiver of financial statements |
|
|
220 |
Financial statements for qualifying debentureholders |
Part 7 -- Audits |
|
Division 1 -- Definition and
Application |
|
|
221 |
Definition |
|
|
222 |
Application of this Part |
|
Division 2 -- Appointment
and Removal of Auditors |
|
|
223 |
Appointment of auditors |
|
|
224 |
Qualifications of auditors |
|
|
225 |
Independence of auditors |
|
|
226 |
Remuneration of auditors |
|
|
227 |
Disqualification of auditors |
|
|
228 |
Removal of auditors |
|
|
229 |
Notice of proposed change |
|
Division 3 -- Duties and
Rights of Auditors |
|
|
230 |
Auditor's duty to examine and report |
|
|
231 |
Qualifications on auditor's opinion |
|
|
232 |
Auditor's attendance at general meetings |
|
|
233 |
Auditor's information to be provided at general meetings |
|
|
234 |
Amendment of financial statements and report |
|
|
235 |
Access to records |
|
|
236 |
Information as to foreign subsidiaries |
|
|
237 |
Right and obligation of auditors to attend meetings |
|
|
238 |
Qualified privilege |
|
Division 4 -- Auditor
Certification Board |
|
|
239 |
Auditor Certification Board |
|
|
240 |
Board function and liability |
|
Division 5 -- Audit
Committee |
|
|
241 |
Application |
|
|
242 |
Appointment and procedures of audit committee |
|
|
243 |
Duties of audit committee |
|
|
244 |
Submission of financial statements to audit committee |
Part 8 -- Proceedings |
|
Division 1 -- Court
Proceedings |
|
|
245 |
Complaints by shareholder |
|
|
246 |
Compliance or restraining orders |
|
|
247 |
Remedy of corporate mistakes |
|
|
248 |
Applications to court to rectify records |
|
|
249 |
Enforcement of duty to file records |
|
|
250 |
Derivative actions |
|
|
251 |
Powers of court in relation to derivative actions |
|
|
252 |
Relief in legal proceedings |
|
|
253 |
Applications to court under this Act |
|
|
254 |
Court may order security for costs |
|
|
255 |
Registrar's certificates not revocable |
|
Division 2 -- Dissent
Proceedings |
|
|
256 |
Definitions and application |
|
|
257 |
Right to dissent |
|
|
258 |
Loss of right to dissent |
|
|
259 |
Notice of resolution |
|
|
260 |
Notice of consent resolutions in certain circumstances |
|
|
261 |
Notice of court orders |
|
|
262 |
Notice of dissent |
|
|
263 |
Company's response to dissent |
|
|
264 |
Application to court |
|
|
265 |
Prohibition against payment by companies |
|
|
266 |
Shareholders entitled to return of shares and rights |
|
Division 3 --
Investigations |
|
|
267 |
Appointment of inspector |
|
|
268 |
Conditions of appointments of inspectors |
|
|
269 |
Appointment of inspectors by companies |
|
|
270 |
Powers of inspectors |
|
|
271 |
Immunities of inspectors during investigations |
|
|
272 |
Report of inspector |
|
|
273 |
Exemption from disclosure to inspectors |
|
|
274 |
Inspectors' reports as evidence in legal proceedings |
Part 9 -- Company Alterations |
|
Division 1 -- Memorandum,
Notice of Articles and Articles |
|
|
275 |
Memorandum and articles not to be altered |
|
|
276 |
Alteration to notice of articles |
|
|
277 |
Alteration to articles |
|
|
278 |
Shareholders may dissent |
|
|
279 |
Alteration to Table A articles |
|
|
280 |
Copies of articles and notice of articles to include
alterations |
|
|
281 |
Change of company name |
|
|
282 |
Requirements for unanimous and exceptional resolutions |
|
Division 2 -- Conversion |
|
|
283 |
Conversion of special Act corporations |
|
|
284 |
Articles on conversion |
|
|
285 |
Effects of conversion |
|
Division 3 -- Amalgamation |
|
|
286 |
Amalgamation permitted |
|
|
287 |
Amalgamation agreements |
|
|
288 |
Attachments to amalgamation agreements |
|
|
289 |
Shareholder approval of amalgamation agreements |
|
|
290 |
Shareholders' right to dissent |
|
|
291 |
Vertical short form amalgamations |
|
|
292 |
Horizontal short form amalgamations |
|
|
293 |
Withdrawal from vertical or horizontal amalgamations |
|
|
294 |
Formalities to amalgamation |
|
|
295 |
Amalgamations subject to court approval |
|
|
296 |
Amalgamations without court approval |
|
|
297 |
Certificates of amalgamation |
|
|
298 |
Effect of amalgamation |
|
Division 4 -- Amalgamation
into a Foreign Jurisdiction |
|
|
299 |
Definitions |
|
|
300 |
Amalgamations into foreign jurisdictions |
|
|
301 |
Dissent |
|
Division 5 -- Arrangements |
|
|
302 |
Arrangement may be proposed |
|
|
303 |
Adoption of arrangement |
|
|
304 |
Information as to arrangement |
|
|
305 |
Role of court in arrangements |
|
|
306 |
Effect of court orders |
|
|
307 |
Effect of court order if memorandum altered |
|
|
308 |
Effect of court order if notice of articles altered |
|
|
309 |
Effect of court order if articles altered |
|
|
310 |
Effect of court order if amalgamation results |
|
|
311 |
Binding effect of arrangements |
|
|
312 |
Withdrawing from arrangements |
|
Division 6 -- Compulsory
Acquisitions |
|
|
313 |
Acquisition procedures |
|
Division 7 -- Sale of
Undertaking |
|
|
314 |
Power to sell undertaking |
|
Division 8 -- Transfer of
Incorporation |
|
|
315 |
Transfer of incorporation to British Columbia |
|
|
316 |
Continuation |
|
|
317 |
Effect of continuation |
|
|
318 |
Rights preserved |
|
|
319 |
Articles for a continued company |
|
|
320 |
Transfer of incorporation from British Columbia |
|
|
321 |
When continuation out of British Columbia prohibited |
|
|
322 |
Record of continuation |
Part 10 -- Liquidation, Dissolution and Restoration |
|
Division 1 -- Definitions and
Application |
|
|
323 |
Definitions |
|
|
324 |
Application of this Part |
|
Division 2 -- Voluntary
Dissolution |
|
|
325 |
Authorization for voluntary dissolution |
|
|
326 |
Provision for unpaid debts and undelivered assets |
|
|
327 |
Application for voluntary dissolution |
|
|
328 |
Date of dissolution |
|
Division 3 -- Voluntary
Liquidation |
|
|
329 |
Authorization for liquidation |
|
|
330 |
Statement of intent to liquidate |
|
|
331 |
Resignation and removal of liquidators in voluntary
liquidations |
|
|
332 |
Revocation of statement of intent to liquidate |
|
Division 4 -- Powers and
Duties of the Court |
|
|
333 |
Powers of the court in respect of liquidations |
|
|
334 |
Court to appoint liquidator |
|
|
335 |
Remuneration of liquidator appointed by court |
|
Division 5 -- Liquidators |
|
|
336 |
Qualification of liquidators |
|
|
337 |
Validity of acts of liquidators |
|
|
338 |
Filing of notices |
|
|
339 |
Duties of liquidators |
|
|
340 |
Notice to creditors |
|
|
341 |
Liquidation records office |
|
|
342 |
Powers of liquidator |
|
|
343 |
Disclosure to liquidators |
|
|
344 |
Right to distribution in money |
|
|
345 |
Obligation to account |
|
Division 6 -- Corporate
Assets and Status Before Dissolution |
|
|
346 |
Capacity of companies in liquidation |
|
|
347 |
Duration of powers of liquidator to manage company |
|
|
348 |
Provision for unpaid debts and undelivered assets |
|
Division 7 -- Proceedings
for Dissolution |
|
|
349 |
Completion of liquidation |
|
|
350 |
Court confirmation of dissolution in court ordered
liquidations |
|
|
351 |
Application for certificate of dissolution |
|
Division 8 -- Effect of
Dissolution |
|
|
352 |
Effect of dissolution |
|
|
353 |
Certificates of dissolution |
|
|
354 |
Dissolved companies deemed to continue for litigation
purposes |
|
|
355 |
Liability of shareholders of dissolved companies |
|
|
356 |
Effect of dissolution on assets |
|
|
357 |
Execution of judgments |
|
|
358 |
Custody of records |
|
|
359 |
Liabilities of dissolved companies survive |
|
|
360 |
Discharge by court order |
|
Division 9 -- Records of
Dissolved Companies |
|
|
361 |
Entitlement to examine records of dissolved companies |
|
|
362 |
Remedies on denial of access to or copies of records of
dissolved companies |
|
Division 10 --
Restoration |
|
|
363 |
Interpretation of "related person" |
|
|
364 |
Applications to the registrar for restoration |
|
|
365 |
Applications to the court for restoration |
|
|
366 |
Effect of restoration of company |
|
|
367 |
Restored pre-existing companies must alter charter |
|
|
368 |
Effect of restoration of extraprovincial companies |
|
|
369 |
Restrictions on restoration |
|
|
370 |
Name on restoration |
|
|
371 |
Registrar's duties after restoration |
|
|
372 |
Corporate assets to be returned to restored company |
Part 11 -- Extraprovincial Companies |
|
Division 1 -- Registration |
|
|
373 |
Definition |
|
|
374 |
Foreign corporations required to be registered |
|
|
375 |
Application for registration |
|
|
376 |
Registration as an extraprovincial company |
|
|
377 |
Effect of registration |
|
|
378 |
Amalgamation of extraprovincial company |
|
|
379 |
Extraprovincial companies to file annual report |
|
|
380 |
Extraprovincial companies to notify registrar of changes |
|
|
381 |
Change of name of extraprovincial companies |
|
Division 2 -- Attorneys
for Extraprovincial Companies |
|
|
382 |
Attorneys to be appointed |
|
|
383 |
First attorneys |
|
|
384 |
Existing attorneys |
|
|
385 |
Authorization of attorneys |
|
|
386 |
Appointment of attorneys |
|
|
387 |
Change of address for attorney |
|
|
388 |
Revocation of appointments of attorneys |
|
|
389 |
Resignations of attorneys |
|
|
390 |
Obligation to maintain head office or attorney |
|
Division 3 -- Liquidation
of Extraprovincial Companies |
|
|
391 |
Notice of appointment and change of address |
|
|
392 |
Final returns of liquidators |
|
Division 4 --
Cancellation of Registration of Extraprovincial Companies |
|
|
393 |
Cancellation of registration of defunct extraprovincial
companies |
|
|
394 |
Suspension or cancellation of registration |
|
|
395 |
Registrar's duties on cancellation of registration |
Part 12 -- Administration |
|
Division 1 -- Office of
Registrar |
|
|
396 |
Appointment of registrar and staff |
|
|
397 |
Seal of office |
|
|
398 |
Registrar may suspend services and functions |
|
|
399 |
Service on registrar |
|
|
400 |
Examination of registrar |
|
|
401 |
Immunities |
|
|
402 |
Appeal to Appeals Commission |
|
Division 2 -- Records
Filed With or Issued By the Registrar |
|
|
403 |
Means of filing |
|
|
404 |
Registrar may refuse to accept records for filing |
|
|
405 |
Filing of records |
|
|
406 |
Companies and extraprovincial companies in default of
filing |
|
|
407 |
Reproduction of records filed with the registrar |
|
|
408 |
Correction of corporate register |
|
|
409 |
Validity of corporate register |
|
|
410 |
Examination and copies of records |
|
|
411 |
Lost or destroyed records |
|
|
412 |
Registrar may issue records |
|
|
413 |
Effect of records issued by registrar |
|
|
414 |
Correction of certificates |
|
|
415 |
No constructive notice |
|
Division 3 -- Offences
and Penalties |
|
|
416 |
Dissolutions and cancellations of registration |
|
|
417 |
Offence Act |
|
|
418 |
Offences |
|
|
419 |
Misleading statements an offence |
|
|
420 |
Penalties |
|
|
421 |
Remedies preserved |
|
|
422 |
Limitation period |
|
Division 4 -- Forms, Fees
and Regulations |
|
|
423 |
Forms |
|
|
424 |
Fees |
|
|
425 |
Power to make regulations |
Part 13 -- Reporting Companies |
|
Division 1 -- Application of
this Part |
|
|
426 |
Definition |
|
|
427 |
Articles of reporting companies to be altered |
|
Division 2 -- Meetings |
|
|
428 |
Shares in name of registrant |
|
|
429 |
Form and use of proxies |
|
|
430 |
Mandatory solicitation of proxies |
|
|
431 |
Information circulars |
|
|
432 |
Information to be included in information circular |
|
|
433 |
Form of proxy and information circular |
|
Division 3 -- Financial
Statements |
|
|
434 |
Comparative financial statements |
|
|
435 |
Interim financial statement |
|
|
436 |
Comparative interim financial statement |
|
Division 4 -- General |
|
|
437 |
Directors |
|
|
438 |
Audit committee |
|
|
439 |
Application to the registrar |
|
|
440 |
Part repealed |
Part 14 -- Transitional, Repeals and Commencement |
|
|
441 |
Definition |
|
|
442 |
Transition -- pre-existing companies |
|
|
443 |
Name of specially limited company |
|
|
444 |
Transition -- extraprovincial companies |
|
|
445 |
Repeal |
|
|
446 |
Commencement |
Schedule |