R-22 - Companies Information Act

Section 11 Disposition versions

1983-04-01

11. (1)  Any creditor or other interested person may make a request to the Minister in writting for the resumption of a company that has been dissolved in accordance with sections 6 to 8.

(2)  On receipt of such a request, the Minister may, after having obtained the opinion of the Inspector General, issue under his seal and signature a certificate of resumption, the original of which he shall send to the company or its representative and a copy of which he shall send to the Inspector General.

The copy is authentic and has the same force as the original; the Inspector General may issue copy of it to any person who so requests.

(3)  The company resumes existence on the date shown on the certificate.

(4)  The Minister may, within the limits of the laws governing the company, impose conditions for its resumption and make any amendments he deems appropriate to its charter or other document of incorporation, as the case may be.

This certificate forms an integral part of the charter or other document of incorporation, as the case may be.

(5)  Subject to subsection 4 and without prejudice to the rights acquired by any person after a company’s dissolution, that company enjoys all the rights and privileges and is subject to all the obligations it would have had if it had not been dissolved.

(6)  The Inspector General shall then have a notice of the issuance of the certificate of resumption published in the Gazette officielle du Québec.

This section does not apply to a company created by an act of the Legislature.

1971, c. 76, s. 5; 1974, c. 66, s. 1; 1975, c. 74, s. 2; 1978, c. 84, s. 2; 1982, c. 52, s. 224, s. 228.

1978-05-09

11. (1)  Any creditor or other interested person may make a request to the Minister in writting for the resumption of a company that has been dissolved in accordance with sections 6 to 8.

(2)  On receipt of such a request, the Minister may issue, under his signature and seal, a certificate of resumption, and, in that case, shall send the original to the company or its representative and file a copy in the Department’s records.

This copy is authentic and has the same value as the original; the Minister may provide a copy to any person who requests one of him.

(3)  The company resumes existence on the date shown on the certificate.

(4)  The Minister may, within the limits of the laws governing the company, impose conditions for its resumption and make any amendments he deems appropriate to its charter or other document of incorporation, as the case may be.

This certificate forms an integral part of the charter or other document of incorporation, as the case may be.

(5)  Subject to subsection 4 and without prejudice to the rights acquired by any person after a company’s dissolution, that company enjoys all the rights and privileges and is subject to all the obligations it would have had if it had not been dissolved.

(6)  The Minister shall then have a notice of the issuance of the certificate of resumption published in the Gazette officielle du Québec.

This section does not apply to a company created by an act of the Legislature.

1971, c. 76, s. 5; 1974, c. 66, s. 1; 1975, c. 74, s. 2; 1978, c. 84, s. 2.

1977-12-31

11. Any creditor or other interested person may:

(a)  within three years after the dissolution made under this act, request the Minister to revoke such dissolution; if he deems proper to grant such request, the Minister shall publish in the Gazette officielle du Québec a notice to that effect; in that case, the company shall be deemed to have never been dissolved, subject however to any other provision contained in such notice and without prejudice to the rights acquired by any person between the dissolution and its revocation;

(b)  avail himself of the provisions of the second paragraph of article 832 of the Code of Civil Procedure.

1971, c. 76, s. 5; 1974, c. 66, s. 1; 1975, c. 74, s. 2.