S-31 - National Benefit Societies Act

Updated to 1 April 2017

This document has official status.

chapter S-31

National Benefit Societies Act

DIVISION I CONSTITUTION AS A LEGAL PERSON

1999, c. 40, s. 307.

1. Ten or more persons, in any part of Québec, who wish to form a national benefit society, may be constituted as a legal person by proceeding in the manner set out in the Amusement Clubs Act (chapter C-23).

R. S. 1964, c. 299, s. 1; 1993, c. 48, s. 491; 1999, c. 40, s. 307.

1.1. The name of a society shall be in conformity with section 9.1 of the Companies Act (chapter C-38).

1993, c. 48, s. 492.

1.2. The enterprise registrar shall refuse to deposit in the register a declaration containing a name not in conformity with any of paragraphs 1 to 6 of section 9.1 of the Companies Act (chapter C‐38).

1993, c. 48, s. 492; 2002, c. 45, s. 613.

2. Upon the completion of the formalities set forth in such section, the persons applying for constitution as a legal person, and such others as may thereafter become members of the society, shall constitute a legal person, under the name set forth in the memorandum.

R. S. 1964, c. 299, s. 2; 1999, c. 40, s. 307.

DIVISION II GENERAL POWERS OF THE LEGAL PERSON

1999, c. 40, s. 307.

3. Every legal person may acquire and hold, in the territory of the local municipality that authorized its constitution or in the adjacent local municipal territory in the same judicial district and registration division, any property it requires and whose rental value does not exceed $2,000 or $4,000, depending on whether the population of the municipality is less than 3,000 inhabitants, or is equal to or greater than that number.

No by-law made by a society constituted as a legal person under the provisions of this Act shall have any effect before being approved by the Government.

R. S. 1964, c. 299, s. 3; 1971, c. 50, s. 120; 1996, c. 2, s. 940; 1999, c. 40, s. 307.

DIVISION III MISCELLANEOUS

4. The members shall not be personally responsible for the debts of the legal person.

R. S. 1964, c. 299, s. 4; 1999, c. 40, s. 307.

5. In so far applicable, the provisions of the Companies Act (chapter C-38) shall govern national benefit societies and more particularly the provisions of Division IV of Part III of the said Companies Act shall apply to such societies.

R. S. 1964, c. 299, s. 5.

5.1. The remedy provided for in section 123.27.1 of the Companies Act (chapter C-38), adapted as required, may be exercised in respect of the name of a society.

1993, c. 48, s. 493.

6. (This section ceased to have effect on 17 April 1987).

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

7. The Government designates the Minister responsible for the administration of this Act except the provisions relating to the responsibilities of the enterprise registrar, which are administered by the Minister of Employment and Social Solidarity.

2002, c. 45, s. 614; 2006, c. 38, s. 83; 2016, c. 29, s. 26.

Not in force

8. The Minister of Economic Development, Innovation and Export Trade is responsible for the application of this Act.

2002, c. 45, s. 614; 2003, c. 29, s. 170; 2006, c. 8, s. 31.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 299 of the Revised Statutes, 1964, in force on 31 December 1977, is repealed effective from the coming into force of chapter S-31 of the Revised Statutes.