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C-46 - Extra-Provincial Companies Act

Section 4
Disposition versions

Full text
4. The licence is granted by the Inspector General of Financial Institutions upon application by the extra-provincial corporation, provided that the corporation:
(1)  Deposits with the Inspector General a copy of its charter, articles of association or other deed constituting the corporation, certified by the officer having the custody of the original;
(2)  Establishes that it is so constituted as to carry out the obligations it may contract;
(3)  Deposits with the Inspector General a power of attorney constituting a chief agent in Québec for the purpose of receiving service in any suit or proceeding against it, and declaring where the principal office of the corporation is to be established;
(4)  Pays the fees that may be fixed for such license by the Government;
(5)  Where its corporate name does not comply with paragraph 6 of the first paragraph or is in a language other than French and where its charter, articles of association or deed of incorporation do not provide for a French version, it shall adopt, subject to the laws applicable thereto, a name other than its corporate name for the purposes contemplated in section 4.1;
(6)  Establishes that its corporate name or the French version of it mentioned in its charter, as the case may be, its articles of association or its deed of incorporation, or the name contemplated in paragraph 5 of the first paragraph, complies with the regulations of the Government, and is not reserved for a third person under the Companies Act (chapter C-38).
The Inspector General may refuse to grant a licence to or to maintain the licence of an extra-provincial corporation that does not comply with the requirements of paragraph 5 of the first paragraph or of which the corporate name, the French version of that name or the name contemplated in that paragraph does not comply with the law, the regulations applicable, made or approved by the Government or is reserved for a third person under the Companies Act.
R. S. 1964, c. 282, s. 4; 1966-67, c. 72, s. 23; 1969, c. 26, s. 71; 1975, c. 76, s. 11; 1979, c. 31, s. 45; 1981, c. 9, s. 24; 1982, c. 52, s. 167.
4. Such license shall be granted by the Minister of Financial Institutions and Cooperatives upon application by the extra-provincial corporation, provided that the corporation:
(1)  Deposits in the office of the Minister of Financial Institutions and Cooperatives a copy of its charter, articles of association or other deed constituting the corporation, certified by the officer having the custody of the original;
(2)  Establishes that it is so constituted as to carry out the obligations it may contract;
(3)  Deposits in the office of the Minister of Financial Institutions and Cooperatives a power of attorney constituting a chief agent in Québec for the purpose of receiving service in any suit or proceeding against it, and declaring where the principal office of the corporation is to be established;
(4)  Pays the fees that may be fixed for such license by the Government;
(5)  where its corporate name does not comply with paragraph 6 of the first paragraph or is in a language other than French and where its charter, articles of association or deed of incorporation do not provide for a French version, it shall adopt, subject to the laws applicable thereto, a name other than its corporate name for the purposes contemplated in section 4.1;
(6)  establishes that its corporate name or the French version of it mentioned in its charter, as the case may be, its articles of association or its deed of incorporation, or the name contemplated in paragraph 5 of the first paragraph, complies with the regulations of the Government, and is not reserved for a third person under the Companies Act (chapter C-38).
The Minister may refuse to grant a licence to or to maintain the licence of an extra-provincial corporation that does not comply with the requirements of paragraph 5 of the first paragraph or of which the corporate name, the French version of that name or the name contemplated in that paragraph does not comply with the law, the regulations applicable, made or approved by the Government or is reserved for a third person under the Companies Act.
R. S. 1964, c. 282, s. 4; 1966-67, c. 72, s. 23; 1969, c. 26, s. 71; 1975, c. 76, s. 11; 1979, c. 31, s. 45; 1981, c. 9, s. 24.
4. Such license shall be granted by the Minister of Consumer Affairs, Cooperatives and Financial Institutions upon application by the extra-provincial corporation, provided that the corporation:
(1)  Deposits in the office of the Minister of Consumer Affairs, Cooperatives and Financial Institutions a copy of its charter, articles of association or other deed constituting the corporation, certified by the officer having the custody of the original;
(2)  Establishes that it is so constituted as to carry out the obligations it may contract;
(3)  Deposits in the office of the Minister of Consumer Affairs, Cooperatives and Financial Institutions a power of attorney constituting a chief agent in Québec for the purpose of receiving service in any suit or proceeding against it, and declaring where the principal office of the corporation is to be established;
(4)  Pays the fees that may be fixed for such license by the Government;
(5)  where its corporate name does not comply with paragraph 6 of the first paragraph or is in a language other than French and where its charter, articles of association or deed of incorporation do not provide for a French version, it shall adopt, subject to the laws applicable thereto, a name other than its corporate name for the purposes contemplated in section 4.1;
(6)  establishes that its corporate name or the French version of it mentioned in its charter, as the case may be, its articles of association or its deed of incorporation, or the name contemplated in paragraph 5 of the first paragraph, complies with the regulations of the Government, and is not reserved for a third person under the Companies Act (chapter C-38).
The Minister may refuse to grant a licence to or to maintain the licence of an extra-provincial corporation that does not comply with the requirements of paragraph 5 of the first paragraph or of which the corporate name, the French version of that name or the name contemplated in that paragraph does not comply with the law, the regulations applicable, made or approved by the Government or is reserved for a third person under the Companies Act.
R. S. 1964, c. 282, s. 4; 1966-67, c. 72, s. 23; 1969, c. 26, s. 71; 1975, c. 76, s. 11; 1979, c. 31, s. 45.
4. Such license shall be granted by the Minister of Consumer Affairs, Cooperatives and Financial Institutions upon application by the extra-provincial corporation, provided that the corporation:
(1)  Deposits in the office of the Minister of Consumer Affairs, Cooperatives and Financial Institutions a copy of its charter, articles of association or other deed constituting the corporation, certified by the officer having the custody of the original;
(2)  Establishes that it is so constituted as to carry out the obligations it may contract;
(3)  Deposits in the office of the Minister of Consumer Affairs, Cooperatives and Financial Institutions a power of attorney constituting a chief agent in Québec for the purpose of receiving service in any suit or proceeding against it, and declaring where the principal office of the corporation is to be established;
(4)  Pays the fees that may be fixed for such license by the Government;
(5)  Establishes that its name is not that of any other known company, or liable to be confounded therewith, or otherwise on public grounds objectionable.
The Minister may refuse to grant or to continue a license to a company which does not comply with the requirements of this paragraph 5, unless such name be changed or modified to the satisfaction of the Minister of Consumer Affairs, Cooperatives and Financial Institutions.
Such change or modification of name shall in no way affect the corporate existence, rights, or obligations of the company.
R. S. 1964, c. 282, s. 4; 1966-67, c. 72, s. 23; 1969, c. 26, s. 71; 1975, c. 76, s. 11.
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