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 4
Disposition versions

Full text
4. (1)  This Part shall apply,—
(a)  to every company constituted as a legal person under it;
(b)  to every company incorporated under Part I of chapter 223 of the Revised Statutes, 1925, or of chapter 276 of the Revised Statutes, 1941, or of chapter 271 of the Revised Statutes, 1964;
(c)  to every company incorporated under Part I of The Québec Companies Act, 1920, as enacted by chapter 72 of the statutes of 1919-1920;
(d)  to every company in existence at the date of the coming into force of chapter 72 of the statutes of 1919-1920, and incorporated by letters patent under any law of Québec at any date whatsoever before the coming into force of the said Act for any purpose other than trust business;
(e)  to every company in existence at the said date, incorporated under any special or general Act, and which had subsequently obtained letters patent authorizing it to carry on business under the purview of chapter 48 of the statutes of 1907, or articles 6002 to 6090 of the Revised Statutes, 1909;
(f)  to every corporation incorporated without share capital under the provisions of Part III of The Québec Companies Act, 1920, or of chapter 223 of the Revised Statutes, 1925, or of chapter 276 of the Revised Statutes, 1941, or of chapter 271 of the Revised Statutes, 1964, or under a general or special Act, and which, after the creation of a capital divided into shares, has obtained supplementary letters patent under Part I of The Québec Companies Act, 1920, or of chapter 223 of the Revised Statutes, 1925, or of chapter 276 of the Revised Statutes, 1941, or of chapter 271 of the Revised Statutes, 1964;
(g)  to every corporation incorporated without share capital under the provisions of Part III of The Québec Companies Act, 1920, of chapter 223 of the Revised Statutes, 1925, or of chapter 276 of the Revised Statutes, 1941, or of chapter 271 of the Revised Statutes, 1964, or of this Act, or under a general or special Act, and which, after the creation of a capital divided into shares, obtains supplementary letters patent under the provisions of this Part.
(2)  If it be necessary for the proper working of any joint stock company, created under an Act prior to the coming into force of The Québec Companies Act, 1920, that amendments be made to its charter, the enterprise registrar may issue supplementary letters patent amending the charter of such company, which letters patent shall be granted on the petition of the president and secretary of the company, accompanied by a resolution of the board of directors authorizing the application. The enterprise registrar shall deposit such letters patent in the register; the company’s charter is modified from the date of deposit.
R. S. 1964, c. 271, s. 4; 1966-67, c. 72, s. 23; 1969, c. 26, s. 28; 1972, c. 61, s. 1; 1974, c. 70, s. 426; 1975, c. 76, s. 11; 1980, c. 28, s. 5; 1981, c. 9, s. 24; 1982, c. 52, s. 120; 1993, c. 48, s. 233; 1999, c. 40, s. 70; 2002, c. 45, s. 278.
4. (1)  This Part shall apply,—
(a)  To every company constituted as a legal person under it;
(b)  To every company incorporated under Part I of chapter 223 of the Revised Statutes, 1925, or of chapter 276 of the Revised Statutes, 1941, or of chapter 271 of the Revised Statutes, 1964;
(c)  To every company incorporated under Part I of The Québec Companies Act, 1920, as enacted by chapter 72 of the statutes of 1919-1920;
(d)  To every company in existence at the date of the coming into force of chapter 72 of the statutes of 1919-1920, and incorporated by letters patent under any law of Québec at any date whatsoever before the coming into force of the said Act for any purpose other than trust business;
(e)  To every company in existence at the said date, incorporated under any special or general Act, and which had subsequently obtained letters patent authorizing it to carry on business under the purview of chapter 48 of the statutes of 1907, or articles 6002 to 6090 of the Revised Statutes, 1909;
(f)  To every corporation incorporated without share capital under the provisions of Part III of The Québec Companies Act, 1920, or of chapter 223 of the Revised Statutes, 1925, or of chapter 276 of the Revised Statutes, 1941, or of chapter 271 of the Revised Statutes, 1964, or under a general or special Act, and which, after the creation of a capital divided into shares, has obtained supplementary letters patent under Part I of The Québec Companies Act, 1920, or of chapter 223 of the Revised Statutes, 1925, or of chapter 276 of the Revised Statutes, 1941, or of chapter 271 of the Revised Statutes, 1964;
(g)  To every corporation incorporated without share capital under the provisions of Part III of The Québec Companies Act, 1920, of chapter 223 of the Revised Statutes, 1925, or of chapter 276 of the Revised Statutes, 1941, or of chapter 271 of the Revised Statutes, 1964, or of this Act, or under a general or special Act, and which, after the creation of a capital divided into shares, obtains supplementary letters patent under the provisions of this Part.
(2)  If it be necessary for the proper working of any joint stock company, created under an Act prior to the coming into force of The Québec Companies Act, 1920, that amendments be made to its charter, the Inspector General may issue supplementary letters patent amending the charter of such company, which letters patent shall be granted on the petition of the president and secretary of the company, accompanied by a resolution of the board of directors authorizing the application. The Inspector General shall deposit such letters patent in the register; the company’s charter is modified from the date of deposit.
R. S. 1964, c. 271, s. 4; 1966-67, c. 72, s. 23; 1969, c. 26, s. 28; 1972, c. 61, s. 1; 1974, c. 70, s. 426; 1975, c. 76, s. 11; 1980, c. 28, s. 5; 1981, c. 9, s. 24; 1982, c. 52, s. 120; 1993, c. 48, s. 233; 1999, c. 40, s. 70.
4. (1)  This Part shall apply,—
(a)  To every company incorporated under it;
(b)  To every company incorporated under Part I of chapter 223 of the Revised Statutes, 1925, or of chapter 276 of the Revised Statutes, 1941, or of chapter 271 of the Revised Statutes, 1964;
(c)  To every company incorporated under Part I of The Québec Companies Act, 1920, as enacted by chapter 72 of the statutes of 1919-1920;
(d)  To every company in existence at the date of the coming into force of chapter 72 of the statutes of 1919-1920, and incorporated by letters patent under any law of Québec at any date whatsoever before the coming into force of the said Act for any purpose other than trust business;
(e)  To every company in existence at the said date, incorporated under any special or general Act, and which had subsequently obtained letters patent authorizing it to carry on business under the purview of chapter 48 of the statutes of 1907, or articles 6002 to 6090 of the Revised Statutes, 1909;
(f)  To every corporation incorporated without share capital under the provisions of Part III of The Québec Companies Act, 1920, or of chapter 223 of the Revised Statutes, 1925, or of chapter 276 of the Revised Statutes, 1941, or of chapter 271 of the Revised Statutes, 1964, or under a general or special Act, and which, after the creation of a capital divided into shares, has obtained supplementary letters patent under Part I of The Québec Companies Act, 1920, or of chapter 223 of the Revised Statutes, 1925, or of chapter 276 of the Revised Statutes, 1941, or of chapter 271 of the Revised Statutes, 1964;
(g)  To every corporation incorporated without share capital under the provisions of Part III of The Québec Companies Act, 1920, of chapter 223 of the Revised Statutes, 1925, or of chapter 276 of the Revised Statutes, 1941, or of chapter 271 of the Revised Statutes, 1964, or of this Act, or under a general or special Act, and which, after the creation of a capital divided into shares, obtains supplementary letters patent under the provisions of this Part.
(2)  If it be necessary for the proper working of any joint stock company, created under an Act prior to the coming into force of The Québec Companies Act, 1920, that amendments be made to its charter, the Inspector General may issue supplementary letters patent amending the charter of such company, which letters patent shall be granted on the petition of the president and secretary of the company, accompanied by a resolution of the board of directors authorizing the application. The Inspector General shall deposit such letters patent in the register; the company’s charter is modified from the date of deposit.
R. S. 1964, c. 271, s. 4; 1966-67, c. 72, s. 23; 1969, c. 26, s. 28; 1972, c. 61, s. 1; 1974, c. 70, s. 426; 1975, c. 76, s. 11; 1980, c. 28, s. 5; 1981, c. 9, s. 24; 1982, c. 52, s. 120; 1993, c. 48, s. 233.
4. (1)  This Part shall apply,—
(a)  To every company incorporated under it;
(b)  To every company incorporated under Part I of chapter 223 of the Revised Statutes, 1925, or of chapter 276 of the Revised Statutes, 1941, or of chapter 271 of the Revised Statutes, 1964;
(c)  To every company incorporated under Part I of The Québec Companies Act, 1920, as enacted by chapter 72 of the statutes of 1919-1920;
(d)  To every company in existence at the date of the coming into force of chapter 72 of the statutes of 1919-1920, and incorporated by letters patent under any law of Québec at any date whatsoever before the coming into force of the said act for any purpose other than trust business;
(e)  To every company in existence at the said date, incorporated under any special or general act, and which had subsequently obtained letters patent authorizing it to carry on business under the purview of chapter 48 of the statutes of 1907, or articles 6002 to 6090 of the Revised Statutes, 1909;
(f)  To every corporation incorporated without share capital under the provisions of Part III of The Québec Companies Act, 1920, or of chapter 223 of the Revised Statutes, 1925, or of chapter 276 of the Revised Statutes, 1941, or of chapter 271 of the Revised Statutes, 1964, or under a general or special act, and which, after the creation of a capital divided into shares, has obtained supplementary letters patent under Part I of The Québec Companies Act, 1920, or of chapter 223 of the Revised Statutes, 1925, or of chapter 276 of the Revised Statutes, 1941, or of chapter 271 of the Revised Statutes, 1964;
(g)  To every corporation incorporated without share capital under the provisions of Part III of The Québec Companies Act, 1920, of chapter 223 of the Revised Statutes, 1925, or of chapter 276 of the Revised Statutes, 1941, or of chapter 271 of the Revised Statutes, 1964, or of this Act, or under a general or special act, and which, after the creation of a capital divided into shares, obtains supplementary letters patent under the provisions of this Part.
(2)  If it be necessary for the proper working of any joint stock company, created under an act prior to the coming into force of The Québec Companies Act, 1920, that amendments be made to its charter, the Inspector General may issue supplementary letters patent amending the charter of such company, which letters patent shall be granted on the petition of the president and secretary of the company, accompanied by a resolution of the board of directors authorizing the application. The Inspector General shall give notice thereof by one insertion in the Gazette officielle du Québec, as in the form prescribed by him.
R. S. 1964, c. 271, s. 4; 1966-67, c. 72, s. 23; 1969, c. 26, s. 28; 1972, c. 61, s. 1; 1974, c. 70, s. 426; 1975, c. 76, s. 11; 1980, c. 28, s. 5; 1981, c. 9, s. 24; 1982, c. 52, s. 120.
4. (1)  This Part shall apply,—
(a)  To every company incorporated under it;
(b)  To every company incorporated under Part I of chapter 223 of the Revised Statutes, 1925, or of chapter 276 of the Revised Statutes, 1941, or of chapter 271 of the Revised Statutes, 1964;
(c)  To every company incorporated under Part I of The Québec Companies Act, 1920, as enacted by chapter 72 of the statutes of 1919-1920;
(d)  To every company in existence at the date of the coming into force of chapter 72 of the statutes of 1919-1920, and incorporated by letters patent under any law of Québec at any date whatsoever before the coming into force of the said act for any purpose other than trust business;
(e)  To every company in existence at the said date, incorporated under any special or general act, and which had subsequently obtained letters patent authorizing it to carry on business under the purview of chapter 48 of the statutes of 1907, or articles 6002 to 6090 of the Revised Statutes, 1909;
(f)  To every corporation incorporated without share capital under the provisions of Part III of The Québec Companies Act, 1920, or of chapter 223 of the Revised Statutes, 1925, or of chapter 276 of the Revised Statutes, 1941, or of chapter 271 of the Revised Statutes, 1964, or under a general or special act, and which, after the creation of a capital divided into shares, has obtained supplementary letters patent under Part I of The Québec Companies Act, 1920, or of chapter 223 of the Revised Statutes, 1925, or of chapter 276 of the Revised Statutes, 1941, or of chapter 271 of the Revised Statutes, 1964;
(g)  To every corporation incorporated without share capital under the provisions of Part III of The Québec Companies Act, 1920, of chapter 223 of the Revised Statutes, 1925, or of chapter 276 of the Revised Statutes, 1941, or of chapter 271 of the Revised Statutes, 1964, or of this act, or under a general or special act, and which, after the creation of a capital divided into shares, obtains supplementary letters patent under the provisions of this Part.
(2)  If it be necessary for the proper working of any joint stock company, created under an act prior to the coming into force of The Québec Companies Act, 1920, that amendments be made to its charter, the Minister may issue supplementary letters patent amending the charter of such company, which letters patent shall be granted on the petition of the president and secretary of the company, accompanied by a resolution of the board of directors authorizing the application. The Minister or the deputy minister of Financial Institutions and Cooperatives shall give notice thereof by one insertion in the Gazette officielle du Québec , as in the form prescribed by the Minister.
R. S. 1964, c. 271, s. 4; 1966-67, c. 72, s. 23; 1969, c. 26, s. 28; 1972, c. 61, s. 1; 1974, c. 70, s. 426; 1975, c. 76, s. 11; 1980, c. 28, s. 5; 1981, c. 9, s. 24.
4. (1)  This Part shall apply,—
(a)  To every company incorporated under it;
(b)  To every company incorporated under Part I of chapter 223 of the Revised Statutes, 1925, or of chapter 276 of the Revised Statutes, 1941, or of chapter 271 of the Revised Statutes, 1964;
(c)  To every company incorporated under Part I of The Québec Companies Act, 1920, as enacted by chapter 72 of the statutes of 1919-1920;
(d)  To every company in existence at the date of the coming into force of chapter 72 of the statutes of 1919-1920, and incorporated by letters patent under any law of Québec at any date whatsoever before the coming into force of the said act for any purpose other than trust business;
(e)  To every company in existence at the said date, incorporated under any special or general act, and which had subsequently obtained letters patent authorizing it to carry on business under the purview of chapter 48 of the statutes of 1907, or articles 6002 to 6090 of the Revised Statutes, 1909;
(f)  To every corporation incorporated without share capital under the provisions of Part III of The Québec Companies Act, 1920, or of chapter 223 of the Revised Statutes, 1925, or of chapter 276 of the Revised Statutes, 1941, or of chapter 271 of the Revised Statutes, 1964, or under a general or special act, and which, after the creation of a capital divided into shares, has obtained supplementary letters patent under Part I of The Québec Companies Act, 1920, or of chapter 223 of the Revised Statutes, 1925, or of chapter 276 of the Revised Statutes, 1941, or of chapter 271 of the Revised Statutes, 1964;
(g)  To every corporation incorporated without share capital under the provisions of Part III of The Québec Companies Act, 1920, of chapter 223 of the Revised Statutes, 1925, or of chapter 276 of the Revised Statutes, 1941, or of chapter 271 of the Revised Statutes, 1964, or of this act, or under a general or special act, and which, after the creation of a capital divided into shares, obtains supplementary letters patent under the provisions of this Part.
(2)  If it be necessary for the proper working of any joint stock company, created under an act prior to the coming into force of The Québec Companies Act, 1920, that amendments be made to its charter, the Minister may issue supplementary letters patent amending the charter of such company, which letters patent shall be granted on the petition of the president and secretary of the company, accompanied by a resolution of the board of directors authorizing the application. The Minister or the deputy minister of Consumer Affairs, Cooperatives and Financial Institutions shall give notice thereof by one insertion in the Gazette officielle du Québec , as in the form prescribed by the Minister.
R. S. 1964, c. 271, s. 4; 1966-67, c. 72, s. 23; 1969, c. 26, s. 28; 1972, c. 61, s. 1; 1974, c. 70, s. 426; 1975, c. 76, s. 11; 1980, c. 28, s. 5.
4. (1)  This Part shall apply,—
(a)  To every company incorporated under it;
(b)  To every company incorporated under Part I of chapter 223 of the Revised Statutes, 1925 or of chapter 276 of the Revised Statutes, 1941;
(c)  To every company incorporated under Part I of The Québec Companies Act, 1920, as enacted by chapter 72 of the statutes of 1919-1920;
(d)  To every company in existence at the date of the coming into force of chapter 72 of the statutes of 1919-1920, and incorporated by letters patent under any law of Québec at any date whatsoever before the coming into force of the said act for any purpose other than trust business;
(e)  To every company in existence at the said date, incorporated under any special or general act, and which had subsequently obtained letters patent authorizing it to carry on business under the purview of chapter 48 of the statutes of 1907, or articles 6002 to 6090 of the Revised Statutes, 1909;
(f)  To every corporation incorporated without share capital under the provisions of Part III of The Québec Companies Act, 1920, or of chapter 223 of the Revised Statutes, 1925 or of chapter 276 of the Revised Statutes, 1941; or under a general or special act, and which, after the creation of a capital divided into shares, has obtained supplementary letters patent under Part I of The Québec Companies Act, 1920, or of chapter 223 of the Revised Statutes, 1925, or of chapter 276 of the Revised Statutes, 1941;
(g)  To every corporation incorporated without share capital under the provisions of Part III of The Québec Companies Act, 1920, of chapter 223 of the Revised Statutes, 1925, or of chapter 276 of the Revised Statutes, 1941, or of this act, or under a general or special act, and which, after the creation of a capital divided into shares, obtains supplementary letters patent under the provisions of this Part.
(2)  If it be necessary for the proper working of any joint stock company, created under an act prior to the coming into force of The Québec Companies Act, 1920, that amendments be made to its charter, the Minister may issue supplementary letters patent amending the charter of such company, which letters patent shall be granted on the petition of the president and secretary of the company, accompanied by a resolution of the board of directors authorizing the application. The Minister or the deputy minister of Consumer Affairs, Cooperatives and Financial Institutions shall give notice thereof by one insertion in the Gazette officielle du Québec , as in the form prescribed by the Minister.
R. S. 1964, c. 271, s. 4; 1966-67, c. 72, s. 23; 1969, c. 26, s. 28; 1972, c. 61, s. 1; 1974, c. 70, s. 426; 1975, c. 76, s. 11.
© Gouvernement du Québec