134. Any institution may receive benevolent contributions from individuals or public or private bodies wishing to assist in the attainment of the objectives pursued by the institution.
If a contribution is made for special purposes the amount thereof shall not be paid into the institution’s general fund; it shall be paid into a special fund managed by the institution and invested or deposited by it in accordance with the provisions of the Civil Code relating to investments presumed sound, until disposed of for the special purposes for which the contribution was made.
However, the amount may be entrusted to a non-profit legal person constituted under the laws of Québec whose sole object is to manage the contributions paid to such institution or to several institutions and to receive directly contributions paid by other persons for special purposes. It must be entrusted to such a legal person if such a condition is attached to the contribution and be used for the special purposes stipulated. The legal person shall be subject to the rules set forth in the preceding paragraph respecting the management of the contributions and their investment.
The bonds or other securities held by a legal person contemplated in this section must be entrusted to the safekeeping of an institution registered with the Agence nationale d’encadrement du secteur financier pursuant to the Deposit Insurance Act (chapter A-26), unless the Minister orders otherwise.
In case of dissolution of such a legal person and in the absence of particular provisions in that respect in the letters patent, the Government shall determine the apportionment of the assets of the said legal person.
The funds paid into a non-profit legal person in accordance with this section are deemed received in trust by such legal person; the legal person receiving such funds shall be, in respect of such funds, subject to the same obligations and powers as a trust company incorporated in Québec.
The preceding rules also apply to funds established by contribution before 1 June 1972 which have been habitually used for special purposes.
In the cases where an amount contemplated in the third paragraph of this section had been entrusted to a legal person not constituted in accordance with the laws of Québec, before 8 January 1975, such amount must be transferred to a legal person constituted under the laws of Québec before 1 January 1976.
1971, c. 48, s. 93; 1974, c. 42, s. 49; 1977, c. 5, s. 14; 1992, c. 21, s. 375; 1999, c. 40, s. 270; 2002, c. 45, s. 558.