In order to obtain Letters Patent of incorporation you must file certain documents with Corporations Canada.
These are:
1. An application for Letters Patent in the format set out in 1a - Sample of an Application for Incorporation, Not-for-Profit (2 originals)
2. An affidavit or statutory declaration of one of the applicants, sworn before a commissioner for taking oaths, stating that the contents of the application are true (see 1b - Affidavit-Application for Incorporation)
3. A $200 filing fee (cheque payable to the Receiver General for Canada)
4. A Canada-biased NUANS® name search report not more than 90 days old, of the proposed name, or one $15.00 filing fee per search so that the NUANS® search or searches may be made in Corporations Canada. A bilingual name normally requires 2 searches
The applicants may wish to consider adopting a bilingual corporate name if they intend to carry on business in a bilingual region.
5. One copy only (unsigned) of the proposed By-laws of the corporation (see 7 - Corporations Canada Model By-Law) with IDENTIFIER, if applicable
6. A covering letter in the format set out in 1c - Sample Letter for Incorporation, specifying the street address of the Head Office of the corporation
Not-for-Profit By-laws must deal with at least the following matters:
1. conditions of membership
2. whether and how membership may withdraw
3. mode of holding directors' meetings (including provision for notice, quorum and voting rights)
4. mode of holding members' meetings (including provision for notice, quorum and voting rights)
5. mode of holding executive committee meetings (including provision for notice, quorum and voting rights)
6. directors
* their appointment or election
* their term of office
* their powers
* their remuneration
* their removal
7. officers
* their appointment or election
* their term of office
* their powers
* their remuneration
* their removal
8. committee members
* their appointment or election
* their term of office
* their powers
* their remuneration
* their removal
9. auditor to be appointed by the members at each annual meeting to audit the books for report to members at the annual meeting
10. mode of repealing or amending by-laws including a clause to say that no repeal or amendment shall be enforced or acted upon until it has received the approval of the Minister of Industry
11. custody of the corporate seal (with which officer?)
12. mode of certifying that a particular document is a document of the corporation (who signs on behalf of the corporation?)
If accepted, what you get back
* Letters Patent, with one of the original applications attached, dated as of the date of receipt of the application in the Department. No copies of the approved by-laws are returned to you.
If not accepted, what you get back
* a form letter explaining that the date of receipt of the application will continue to be the effective date providing that the date of the returning application remains the same
* a checklist identifying the unacceptable provisions with an "X"
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