S-31.1 - Business Corporations Act

Section 268 Disposition versions

2011-02-14

268. The cancellation request and the fee set out in the Act respecting the legal publicity of enterprises (chapter P-44.1) must be sent to the enterprise registrar.

If there is no risk that the cancellation will prejudice the rights of the creditors or the shareholders of the corporation, a declaration to that effect, signed by the director or officer authorized to sign it, must be filed with the cancellation request. If the cancellation could be prejudicial to the rights of the shareholders but the shareholders have authorized it under section 266, the shareholder resolution must be filed with the request.

If the cancellation could be prejudicial to the rights of the creditors or the shareholders of the corporation and the shareholders have not authorized it, a judgment authorizing the cancellation must be filed with the request.

The cancellation request must also be filed with

(1)  a copy of the articles to be cancelled; and

(2)  any other document the Minister may require.

2009, c. 52, s. 268; 2010, c. 7, s. 275.