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C-38 - Companies Act

Section 46
Disposition versions

Full text
46. Shares of a company are movable property; the transfer of company shares is governed by the Act respecting the transfer of securities and the establishment of security entitlements (chapter T-11.002), on the conditions prescribed by this Part and, if the conditions are effective under that Act, by the constituting act or the by-laws of the company.
Shares subject to restrictions regarding the right to transfer them shall not be offered to the public unless:
(a)  such restrictions are prescribed in the constituting act; and
(b)  such restrictions are required to allow the company or any other company in which the company has an interest to obtain, protect or renew, under a statute of Canada or of Québec, any authorization necessary to attain the objects of its undertaking or part of it.
R. S. 1964, c. 271, s. 43; 1973, c. 65, s. 4; 1980, c. 28, s. 9; 1999, c. 40, s. 70; 2008, c. 20, s. 155.
46. Shares of a company are movable property and are transferable in the manner and on the conditions prescribed by this Part, the constituting act or the by-laws of the company.
Shares subject to restrictions regarding the right to transfer them shall not be offered to the public unless:
(a)  such restrictions are prescribed in the constituting act; and
(b)  such restrictions are required to allow the company or any other company in which the company has an interest to obtain, protect or renew, under a statute of Canada or of Québec, any authorization necessary to attain the objects of its undertaking or part of it.
R. S. 1964, c. 271, s. 43; 1973, c. 65, s. 4; 1980, c. 28, s. 9; 1999, c. 40, s. 70.
46. Shares of a company are moveable property and are transferable in the manner and on the conditions prescribed by this Part, the deed of incorporation or the by-laws of the company.
Shares subject to restrictions regarding the right to transfer them shall not be offered to the public unless:
(a)  such restrictions are prescribed in the deed of incorporation; and
(b)  such restrictions are required to allow the company or any other company in which the company has an interest to obtain, protect or renew, under a statute of Canada or of Québec, any authorization necessary to attain the objects of its undertaking or part of it.
R. S. 1964, c. 271, s. 43; 1973, c. 65, s. 4; 1980, c. 28, s. 9.
46. Shares of a company are moveable property and are transferable in the manner and on the conditions prescribed by this Part, or the letters patent, supplementary letters patent or by-laws of the company.
Shares subject to restrictions regarding the right to transfer them shall not be offered to the public unless:
(a)  such restrictions are prescribed in the letters patent or supplementary letters patent of the company; and
(b)  such restrictions are required to allow the company or any other company in which the company has an interest to obtain, protect or renew, under a statute of Canada or of Québec, any authorization necessary to attain the objects of its undertaking or part of it.
R. S. 1964, c. 271, s. 43; 1973, c. 65, s. 4.
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