Section 41 preliminary report by official liquidator. The companies amendment act, 1982, is hereby amended by the substitution of the following sections for section 12 as amended by the companies act, 1990. Body corporate and community management act 1997 current as at 3 july 2017. Definition of charter 268 1 in this section, charter includes a an act of incorporation and any amendments thereto. Power to apply act to certain financial institutions in existence at commencement of act. An act to make provision in relation to corporations and financial products and services, and for other purposes. Changes that have been made appear in the content and are referenced with annotations. It includes any commenced amendment affecting the legislation to that date. Section 3 recodification 1 the provisions of the civil code on associations shall only apply to business corporations if so provided by this act.
Section 1 of the companies act defines a distribution to include both a cash distribution and the incurrence of a debt or other obligation by a company for the benefit of one or more holders of any of the shares of that company or of any company within the same. Corporations act 2001 sect 46 what is a subsidiary. Amendments to close corporations act definitions 2. Domestic partnerships and s corporations filing under. This act shall not be construed to amend or repeal the act entitled an act. Division 3carrying over the old corporations regulations. Amendment of charter special act 2 in connection with a continuance under this act, the shareholders of a body corporate incorporated or continued by or. Table of contents chapter 3 purposes and powers chapter 4. By electing or appointing, according to its usages or customs, at any meeting held for that purpose, two or more of its members as trustees, wardens and vestrymen, or.
Certificate of shares effective from 1st april, 20141 a certificate, issued under the common seal, if any, of the company or signed by two directors or by a director and the company secretary, wherever the company has appointed a company secretary, specifying the shares held by any person, shall be prima facie evidence of the title of the person to such shares. Same 4 subject to the regulations made under this act, the corporations information act applies to the corporation. Fees on filing articles of incorporation and other. B10 chapter b10 an act respecting business corporations short title short title 1 this act may be cited as the business corporations act. Version incorporating amendments as at 14 may 2014. Canada business corporations regulations, 2001 sor2001512 minister designation order canada business corporations act c. Northwest territories that by section 16 of the saskatchewan act canada is subject. Close corporations, see model statutory close corporation supplement.
An eligible recipient shall be eligible for forgiveness of indebtedness on a covered loan in an amount equal to the sum of the following costs. Section 46 in the state financial corporations act, 1951. Does section 46 of the insurance contracts act obtain its objective. Please see the treasury laws amendment 2017 measures no. Determining that telesat canada need not apply for a certificate of continuance under the act repealed sor80957 determining that the canada development. Corporations act 2001 sect 46 what is a subsidiary a body corporate in this section called the first body is a subsidiary of another body corporate if, and only if. Contracts on behalf of a company may be made as follows. Section 1 chapter b9 business corporations act 10 part 22 other extraprovincial legal entities 297 definition 298 application of part 299 regulations her majesty, by and with the advice and consent of the legislative assembly of alberta, enacts as follows. Part 1 interpretation and application definitions 1 in this act. There are changes that may be brought into force at a future date.
Section 46 of the constitution of australia wikipedia. Section 46 of companies act, 20 certificate of shares. Limitation of period to incorporate close corporations or convert companies 3. This compilation is affected by retrospective amendments. Section 39a application of companies act to liquidators. That act repealed the current s 46 and replaceed it with a new provision, which includes the introduction of an effects test. Section 46 deals with distributions and provides that a company must not make a distribution unless certain requirements are met. Applicability of sections 44, 45 and 46 of the companies. Close corporations act 69 of 1984 to provide for the formation, registration, incorporation, management, control and liquidation of close corporations. Certificates or certified copies as evidence nonresident entities. Any church, congregation or society formed for the purposes of religious worship, may become incorporated in the manner following. Rescue of financially distressed close corporations 7.
Queries issued on documents and applications lodged with t he registrar pdf 6. Transparency and accountability of close corporations 6. Close corporations act 69 of 1984 to provide for the formation, registration, incorporation. Crossreferences application of act to existing domestic corporation, see 17. An exposure draft of the revised cca is expected later in 2016. There are two sections in the new act delineating what transfers and obligations are fraudulent. This is a compilation of the corporations act 2001 as in force on 19 july 20. Section 41a notice to preferential claimants and secured and unsecured creditors. Corporations act 2001 federal register of legislation.
Subject to subsections 2 and 3 and section 3, this act, except where it is otherwise expressly provided, applies to every corporation. Illinois compiled statutes illinois general assembly. Companies act 2006, section 46 is up to date with all changes known to be in force on or before 14 may 2020. Chris rodd examines the application of this complex section, relating to preexisting defects and imperfections, and concludes that this is an area that may require further consideration. Close corporations amendment act 25 of 2005 amended sections 26, 29 and 60. This provision was amended effective 6 november 2017 as a result of the commencement of the competition and consumer amendment misuse of market power act 2017. This act shall be known and may be cited as the name of state business corporation act. Application of act to qualified existing foreign corporation, see 17. Section 4a is an adaptation of three sections of the u. Section 46 of the constitution of australia provides a penalty for a senator or member of the house of representatives who sits while constitutionally ineligible or disqualified from holding that position the text specifies that, until the parliament specifies otherwise, the ineligible member will be liable to pay any person who sues for it 100 pounds for every day that they have sat. Power of registrar to strike company off register for failure to make annual return. Abn short for australian business number has the meaning given by section 41 of the a new tax system australian business number act 1999.
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