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C-38 - Companies Act

Section 8
Disposition versions

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8. The application may ask for the embodying in the letters patent of any provision which, under this Part, might be made by by-law of the company or by by-law of the directors approved by a vote of the shareholders; and such provision so embodied shall not, unless provision to the contrary be made in the letters patent, be subject to repeal or alteration by by-law.
The application and a memorandum of agreement shall be drawn up on the form supplied for that purpose or authorized by the enterprise registrar.
Before the letters patent are issued, the applicants shall establish, to the satisfaction of the enterprise registrar, the sufficiency of their application and memorandum of agreement, and the truth and sufficiency of the facts therein set forth, and that the proposed name complies with the requirements of paragraphs 1 to 6 and 8 of section 9.1; and for that purpose the enterprise registrar shall take and keep on record any requisite evidence in writing, given under oath.
However, if the application provides for a name reserved for the company in accordance with section 9.2, paragraph 8 of section 9.1 is not taken into account in respect of that name for the issuance of the letters patent.
R. S. 1964, c. 271, s. 8; 1966-67, c. 72, s. 23; 1972, c. 61, s. 2; 1979, c. 31, s. 5; 1982, c. 52, s. 138; 1993, c. 48, s. 235; 1999, c. 40, s. 70; 2002, c. 45, s. 278; 2023, c. 24, s. 122.
8. The application may ask for the embodying in the letters patent of any provision which, under this Part, might be made by by-law of the company or by by-law of the directors approved by a vote of the shareholders; and such provision so embodied shall not, unless provision to the contrary be made in the letters patent, be subject to repeal or alteration by by-law.
The application and a memorandum of agreement shall be drawn up on the form supplied for that purpose or authorized by the enterprise registrar.
Before the letters patent are issued, the applicants shall establish, to the satisfaction of the enterprise registrar, the sufficiency of their application and memorandum of agreement, and the truth and sufficiency of the facts therein set forth, and that the proposed name complies with the requirements of paragraphs 1 to 6 and 8 of section 9.1; and for that purpose the enterprise registrar shall take and keep on record any requisite evidence in writing, given under oath.
R. S. 1964, c. 271, s. 8; 1966-67, c. 72, s. 23; 1972, c. 61, s. 2; 1979, c. 31, s. 5; 1982, c. 52, s. 138; 1993, c. 48, s. 235; 1999, c. 40, s. 70; 2002, c. 45, s. 278.
8. The application may ask for the embodying in the letters patent of any provision which, under this Part, might be made by by-law of the company or by by-law of the directors approved by a vote of the shareholders; and such provision so embodied shall not, unless provision to the contrary be made in the letters patent, be subject to repeal or alteration by by-law.
The application and a memorandum of agreement shall be drawn up on the form supplied for that purpose or authorized by the Inspector General.
Before the letters patent are issued, the applicants shall establish, to the satisfaction of the Inspector General, the sufficiency of their application and memorandum of agreement, and the truth and sufficiency of the facts therein set forth, and that the proposed name complies with the requirements of paragraphs 1 to 6 and 8 of section 9.1; and for that purpose the Inspector General shall take and keep on record any requisite evidence in writing, given under oath.
R. S. 1964, c. 271, s. 8; 1966-67, c. 72, s. 23; 1972, c. 61, s. 2; 1979, c. 31, s. 5; 1982, c. 52, s. 138; 1993, c. 48, s. 235; 1999, c. 40, s. 70.
8. The application may ask for the embodying in the letters patent of any provision which, under this Part, might be made by by-law of the company or by by-law of the directors approved by a vote of the shareholders; and such provision so embodied shall not, unless provision to the contrary be made in the letters patent, be subject to repeal or alteration by by-law.
The application and a memorandum of agreement shall be drawn up on the form supplied for that purpose or authorized by the Inspector General.
Before the letters patent are issued, the applicants shall establish, to the satisfaction of the Inspector General, the sufficiency of their application and memorandum of agreement, and the truth and sufficiency of the facts therein set forth, and that the proposed corporate name complies with the requirements of paragraphs 1 to 6 and 8 of section 9.1; and for that purpose the Inspector General shall take and keep on record any requisite evidence in writing, given under oath.
R. S. 1964, c. 271, s. 8; 1966-67, c. 72, s. 23; 1972, c. 61, s. 2; 1979, c. 31, s. 5; 1982, c. 52, s. 138; 1993, c. 48, s. 235.
8. The application may ask for the embodying in the letters patent of any provision which, under this Part, might be made by by-law of the company or by by-law of the directors approved by a vote of the shareholders; and such provision so embodied shall not, unless provision to the contrary be made in the letters patent, be subject to repeal or alteration by by-law.
The application shall be accompanied by a memorandum of agreement, in duplicate, both of which may be drafted in accordance with the forms prescribed by the Inspector General.
Before the letters patent are issued, the applicants shall establish, to the satisfaction of the Inspector General, the sufficiency of their application and memorandum of agreement, and the truth and sufficiency of the facts therein set forth, and that the proposed corporate name complies with the requirements of paragraph 1 of section 7; and for that purpose the Inspector General shall take and keep on record any requisite evidence in writing, given under oath.
R. S. 1964, c. 271, s. 8; 1966-67, c. 72, s. 23; 1972, c. 61, s. 2; 1979, c. 31, s. 5; 1982, c. 52, s. 138.
8. The application may ask for the embodying in the letters patent of any provision which, under this Part, might be made by by-law of the company or by by-law of the directors approved by a vote of the shareholders; and such provision so embodied shall not, unless provision to the contrary be made in the letters patent, be subject to repeal or alteration by by-law.
The application shall be accompanied by a memorandum of agreement, in duplicate, both of which may be drafted in accordance with the forms prescribed by the Minister.
Before the letters patent are issued, the applicants shall establish, to the satisfaction of the Minister, the sufficiency of their application and memorandum of agreement, and the truth and sufficiency of the facts therein set forth, and that the proposed corporate name complies with the requirements of paragraph 1 of section 7; and for that purpose the Minister shall take and keep on record any requisite evidence in writing, given under oath.
R. S. 1964, c. 271, s. 8; 1966-67, c. 72, s. 23; 1972, c. 61, s. 2; 1979, c. 31, s. 5.
8. The application may ask for the embodying in the letters patent of any provision which, under this Part, might be made by by-law of the company or by by-law of the directors approved by a vote of the shareholders; and such provision so embodied shall not, unless provision to the contrary be made in the letters patent, be subject to repeal or alteration by by-law.
The application shall be accompanied by a memorandum of agreement, in duplicate, both of which may be drafted in accordance with the forms prescribed by the Minister.
Before the letters patent are issued, the applicants shall establish, to the satisfaction of the Minister, the sufficiency of their application and memorandum of agreement, and the truth and sufficiency of the facts therein set forth, and that the proposed name is not the name of any other known incorporated or unincorporated company, unless with the consent of the latter, or any name likely to be confounded therewith; and for that purpose the Minister shall take and keep on record any requisite evidence in writing, given under oath.
R. S. 1964, c. 271, s. 8; 1966-67, c. 72, s. 23; 1972, c. 61, s. 2.
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