Consolidated Statutes and Regulations Consolidated Statutes Consolidated Regulations Annual Statutes and Regulations Annual Statutes Annual Regulations Additional information Québec Official Publisher What’s new? Information note Policy of the Minister of Justice Laws: Amendments Laws: Provisions not in force Laws: Provisions brought into force Annual Statutes: PDF versions since 1996 Regulations: Amendments Annual Regulations: PDF versions since 1996 Court Decisions

C-38 - Companies Act

Section 17
Disposition versions

Full text
17. A legal person without share capital, constituted under Part III of this Act or under any other special or general Act of Québec, may, with the consent in writing of at least four-fifths of the members present at a special general meeting called for such purpose, provide by by-law for the creation of a capital divided into shares and for the allotment and payment of such shares, and may fix and prescribe the rights and privileges of the shareholders. Such by-law shall be forthwith transmitted to the enterprise registrar to be confirmed by letters patent or supplementary letters patent which he shall deposit in the register.
The third paragraph of section 7 and sections 9.1, 9.2, 10 and 10.1 apply to the by-law.
Subject to such deposit, but counting from the issue of the letters patent or supplementary letters patent, the legal person shall cease to be governed by the provisions of Part III, and shall in every respect be subject to the provisions of this Part.
In the case of a legal person constituted under any general or special Act, the by-law must, moreover, if not so provided in its charter of constitution as a legal person, contain all the declarations contained in section 7.
R. S. 1964, c. 271, s. 17; 1966-67, c. 72, s. 23; 1972, c. 61, s. 6; 1975, c. 76, s. 11; 1981, c. 9, s. 24; 1982, c. 52, s. 138; 1993, c. 48, s. 242; 1999, c. 40, s. 70; 2002, c. 45, s. 278.
17. A legal person without share capital, constituted under Part III of this Act or under any other special or general Act of Québec, may, with the consent in writing of at least four-fifths of the members present at a special general meeting called for such purpose, provide by by-law for the creation of a capital divided into shares and for the allotment and payment of such shares, and may fix and prescribe the rights and privileges of the shareholders. Such by-law shall be forthwith transmitted to the Inspector General to be confirmed by letters patent or supplementary letters patent which he shall deposit in the register.
The third paragraph of section 7 and sections 9.1, 9.2, 10 and 10.1 apply to the by-law.
Subject to such deposit, but counting from the issue of the letters patent or supplementary letters patent, the legal person shall cease to be governed by the provisions of Part III, and shall in every respect be subject to the provisions of this Part.
In the case of a legal person constituted under any general or special Act, the by-law must, moreover, if not so provided in its charter of constitution as a legal person, contain all the declarations contained in section 7.
R. S. 1964, c. 271, s. 17; 1966-67, c. 72, s. 23; 1972, c. 61, s. 6; 1975, c. 76, s. 11; 1981, c. 9, s. 24; 1982, c. 52, s. 138; 1993, c. 48, s. 242; 1999, c. 40, s. 70.
17. A corporation without share capital, incorporated under Part III of this Act or under any other special or general Act of Québec, may, with the consent in writing of at least four-fifths of the members present at a special general meeting called for such purpose, provide by by-law for the creation of a capital divided into shares and for the allotment and payment of such shares, and may fix and prescribe the rights and privileges of the shareholders. Such by-law shall be forthwith transmitted to the Inspector General to be confirmed by letters patent or supplementary letters patent which he shall deposit in the register.
The third paragraph of section 7 and sections 9.1, 9.2, 10 and 10.1 apply to the by-law.
Subject to such deposit, but counting from the issue of the letters patent or supplementary letters patent, the corporation shall cease to be governed by the provisions of Part III, and shall in every respect be subject to the provisions of this Part.
In the case of a corporation incorporated under any general or special Act, the by-law must, moreover, if not so provided in its charter of incorporation, contain all the declarations contained in section 7.
R. S. 1964, c. 271, s. 17; 1966-67, c. 72, s. 23; 1972, c. 61, s. 6; 1975, c. 76, s. 11; 1981, c. 9, s. 24; 1982, c. 52, s. 138; 1993, c. 48, s. 242.
17. A corporation without share capital, incorporated under Part III of this act or under any other special or general act of Québec, may, with the consent in writing of at least four-fifths of the members present at a special general meeting called for such purpose, provide by by-law for the creation of a capital divided into shares and for the allotment and payment of such shares, and may fix and prescribe the rights and privileges of the shareholders. Such by-law shall be forthwith transmitted to the Inspector General to be confirmed by letters patent or by supplementary letters patent; and the latter shall give notice thereof, by one insertion in the Gazette officielle du Québec, as in the form prescribed by him.
Subject to the publication of such notice, but counting from the issue of the letters patent or supplementary letters patent, the corporation shall cease to be governed by the provisions of Part III, and shall in every respect be subject to the provisions of this Part.
In the case of a corporation incorporated under any general or special act, the by-law must, moreover, if not so provided in its charter of incorporation, contain all the declarations contained in section 7.
R. S. 1964, c. 271, s. 17; 1966-67, c. 72, s. 23; 1972, c. 61, s. 6; 1975, c. 76, s. 11; 1981, c. 9, s. 24; 1982, c. 52, s. 138.
17. A corporation without share capital, incorporated under Part III of this act or under any other special or general act of Québec, may, with the consent in writing of at least four-fifths of the members present at a special general meeting called for such purpose, provide by by-law for the creation of a capital divided into shares and for the allotment and payment of such shares, and may fix and prescribe the rights and privileges of the shareholders. Such by-law shall be forthwith transmitted to the Minister or to the deputy minister of Financial Institutions and Cooperatives to be confirmed by letters patent or by supplementary letters patent; and the latter shall give notice thereof, by one insertion in the Gazette officielle du Québec, as in the form prescribed by the Minister.
Subject to the publication of such notice, but counting from the issue of the letters patent or supplementary letters patent, the corporation shall cease to be governed by the provisions of Part III, and shall in every respect be subject to the provisions of this Part.
In the case of a corporation incorporated under any general or special act, the by-law must, moreover, if not so provided in its charter of incorporation, contain all the declarations contained in section 7.
R. S. 1964, c. 271, s. 17; 1966-67, c. 72, s. 23; 1972, c. 61, s. 6; 1975, c. 76, s. 11; 1981, c. 9, s. 24.
17. A corporation without share capital, incorporated under Part III of this act or under any other special or general act of Québec, may, with the consent in writing of at least four-fifths of the members present at a special general meeting called for such purpose, provide by by-law for the creation of a capital divided into shares and for the allotment and payment of such shares, and may fix and prescribe the rights and privileges of the shareholders. Such by-law shall be forthwith transmitted to the Minister or to the deputy minister of Consumer Affairs, Cooperatives and Financial Institutions to be confirmed by letters patent or by supplementary letters patent; and the latter shall give notice thereof, by one insertion in the Gazette officielle du Québec, as in the form prescribed by the Minister.
Subject to the publication of such notice, but counting from the issue of the letters patent or supplementary letters patent, the corporation shall cease to be governed by the provisions of Part III, and shall in every respect be subject to the provisions of this Part.
In the case of a corporation incorporated under any general or special act, the by-law must, moreover, if not so provided in its charter of incorporation, contain all the declarations contained in section 7.
R. S. 1964, c. 271, s. 17; 1966-67, c. 72, s. 23; 1972, c. 61, s. 6; 1975, c. 76, s. 11.
© Gouvernement du Québec