8 Family
names
9 Name
of amalgamated society
10 Permitted
characters in name
11 Prohibited
names
12 Proposed
names
13 Other
prohibited affiliations
14 Registrar’s
powers
15 Name
search reports
16 Number
as name
17 Repeal
18 Expiry
19 Coming
into force
Schedules
Forms
1(1) An application under section 9 of the Act must
be in Form 1 in Schedule 1.
(2) A
notice under section 24(2) of the Act must be in Form 2 in Schedule 1.
(3) The
annual return under section 26(2) of the Act must be in Form 3 of Schedule 1.
(4) The
audited financial statements that must accompany the annual return need not be
audited by a professional accountant unless
(a) the
by-laws of the society so require, or
(b) a
fee is being charged to perform the audit.
(5) An
application for amalgamation under section 32 of the Act must be in Form 4 in Schedule 1.
(6) A certificate of amalgamation under section 32
of the Act must be in Form 5 in Schedule 1.
AR 122/2000 s1;251/2001
Fees
2(1) The fees payable under the Act are the fees
prescribed in Schedule 2.
(2) The
Registrar may waive the payment by
(a) a
department or agency of the Government, or
(b) a
Provincial agency as defined in the Financial
Administration Act
of a fee set out in
Schedule 2 where the Registrar is satisfied that the department, agency or
Provincial agency will not recover the fee from a third party.
Definitions
3 In sections 4 and 5,
(a) “corporate
person” means a body corporate incorporated in Alberta, a registered
extra-provincial corporation and a Canada corporation;
(b) “dissolved
body corporate” means a dissolved body corporate that was incorporated in
Alberta.
Similar names
4(1) A society may not have a name that is similar
to the name of a corporate person unless that person consents in writing to the
use of the name in whole or in part.
(2) A
society may not have a name that is similar to the name of a dissolved body
corporate unless the body corporate has been dissolved for more than 3 years.
(3) For
the purposes of subsections (1) and (2), a name is similar if it is
(a) a
name that would reasonably lead to the inference that the society bearing the
name is or would be associated or affiliated with the corporate person or
dissolved body corporate if the society and the corporate person or dissolved
body corporate are not or will not be associated or affiliated, or
(b) a
name whose similarity to the name of the corporate person or dissolved body
corporate would reasonably lead to the belief that the corporate person or
dissolved body corporate and the society are the same entity.
Minor differences
5(1) A society shall not have a name where the only
difference from the name of a corporate person or of a dissolved body corporate
is
(a) the
addition or deletion of punctuation marks or spaces,
(b) the
insertion or removal of a year in the name,
(c) the
substitution of a word for its abbreviation or an abbreviation for the word,
(d) the
substitution of a word for its homonym,
(e) the
addition or deletion of an article, or
(f) any
other change that does not produce a phonetic difference between the name and
the name of the corporate person or dissolved body corporate.
(2) Subsection
(1)(b) to (f) as they apply to a corporate person do not apply where the
corporate person consents in writing and undertakes to change its name or
dissolve within 6 months.
(3) Subsection
(1)(b) to (f) as they apply to a dissolved body corporate do not apply where
the dissolved body corporate has been dissolved for at least 3 years prior to
the time the society has the name.
Distinctive meaning
through use
6 No society shall have a name that
(a) is
too general,
(b) is
only descriptive, in any language, of the function or other characteristics of
the society,
(c) is
primarily or only the name or surname of an individual, or
(d) consists
primarily or only of a geographic name,
unless the name has
through use acquired a meaning that renders the name distinctive.
Required elements
7 Unless approved by the Registrar, the
name of a society shall contain at least one of the following words:
(a)
Society;
(b) Association;
(c) Club;
(d) Foundation;
(e) Institute;
(f) Guild;
(g) Fellowship;
(h) League;
(i) Committee;
(j) Council;
(k) Board;
(l) Centre;
(m) Bureau.
Family names
8(1) No society may have a name that contains a word
or expression an element of which is the family name of an individual, whether
or not the word or expression is preceded by the individual’s given name or
initials, unless the individual or the individual’s heir, executor,
administrator, assigns or guardian consents in writing to the use of the
individual’s name.
(2) Subsection
(1) does not apply where the family name has acquired secondary meaning.
(3) Subsection
(1) does not apply where the society that will have the name is the successor
or affiliate of a society using the family name as an element in its name, and
that society consents in writing to the use of the name by the successor or
affiliate society.
Name of amalgamated
society
9 When 2 or more societies amalgamate, the
name of the amalgamated society may be identical to the name of one of the
amalgamating societies if the name is not a number name.
Permitted characters
in name
10(1) The name of a society may contain only the
following:
(a) letters
of the alphabet of the English language;
(b) Arabic
numerals;
(c) the
following punctuation or other marks:
(i) !
(ii) “
(iii) #
(iv) $
(v) %
(vi) &
(vii) ‘
(viii) ( )
(ix) *
(x) +
(xi) ,
(xii) .
(xiii) -
(xiv) /
(xv) :
(xvi) ;
(xvii) >
(xviii) <
(xix) =
(xx) [ ]
(xxi) \
(xxii) Ç
(xxiii) ?
(xxiv) @
(d) any
combination of letters, numerals and marks referred to in clauses (a), (b) and
(c).
(2) The
first character of the name of a society must be an Arabic numeral or an
alphabetic letter of the English language.
(3) No
society may have a name that consists primarily of a combination of punctuation
marks or other marks.
Prohibited names
11(1) No society may have a name that contains either
of the following:
(a) a
word or expression in any language, that is obscene or connotes a business that
is scandalous, obscene or immoral or that is otherwise objectionable on public
grounds;
(b) a
number or word that might lead to the
inference that the name is a number name, unless the name is a number
name.
(2) No
society may have a name that contains a word or expression that might lead to
the inference that the society is not a society to which the Act applies.
Proposed names
12 No name that is identified in a computer
printed search report as “proposed” may be used by a society unless it is the
person who first proposed the name or unless it has the consent in writing of
the person who first proposed the name.
Other prohibited
affiliations
13(1) No society may have a name that indicates that
the society
(a) operates
under royal, vice-regal or governmental patronage, approval or authority unless
the appropriate government department or agency consents in writing to the
name,
(b) is
sponsored or controlled by or is affiliated with
(i) the Government of Canada,
(ii) the government of a province, or
(iii) the government of a subdivision of a country other than Canada,
or a political subdivision
or agency of any such government, unless the appropriate government, political
subdivision or agency consents in writing to the use of the name, or
(c) is
sponsored or controlled by a university, college or technical institute or a
professional or other occupational association that is regulated by provincial
or federal legislation, unless the university, college, technical institute or
professional or occupational association consents in writing to the use of the
name.
(2) No
society registered in Alberta may have a name
(a) that
indicates that the society is associated with
(i) the Alberta Heritage Savings Trust Fund,
(ii) the operation of Nakiska Ski Area, unless it has the written
consent of the Minister of Tourism, Parks, Recreation and Culture, or
(iii) the Olympic Games or its organizing committee, unless it has the
written consent of the Canadian Olympic Association,
or
(b) that includes the word “Kananaskis” and
indicates that the society is associated with land of the Crown in right of
Alberta or the administration of land of the Crown in right of Alberta, unless
it has the written consent of the Minister of Tourism, Parks, Recreation and
Culture.
AR 122/2000
s13;206/2001;35/2007
Registrar’s powers
14 In determining whether a name contravenes
the Act or this Regulation, the Registrar may, without limitation, consider the
following:
(a) the
distinctiveness of the name or any element of it and the extent to which the
name has become known;
(b) the
length of time the name has been in use;
(c) the
degree of similarity between the name and another name in appearance or sound;
(d) the
geographic area in Alberta in which the name is likely to be used;
(e) the
nature and function of the society.
Name search reports
15 In the case of
(a) the
incorporation of a society,
(b) a
change in the name of a society, or
(c) the
revival of a society that has been dissolved for more than 3 years,
(d) the
amalgamation of 2 or more societies where the name of the amalgamated society
is not identical to the name of one of the amalgamating societies,
the following must
accompany the documents sent to the Registrar in connection with the incorporation,
change of name or revival:
(e) an
original Alberta Search Report from the NUANS (Newly Upgraded Automated Name
Search) system maintained by the Government of Canada, dated not more than 90
days prior to the submission of the report;
(f) any consent or consent and undertaking
required under the Act or this Regulation.
AR 122/2000 s15;206/2001
Number as name
16 Where the Registrar assigns as a
society’s name a designated number, the number shall be the society’s file
number followed by “Alberta Society”.
Repeal
17 The Societies
Regulation (AR 203/84) is repealed.
Expiry
18 For the purpose of ensuring that this
Regulation is reviewed for ongoing relevancy and necessity, with the option
that it may be repassed in its present or an amended form following a review,
this Regulation expires on July 31, 2011.
AR 122/2000 s18;354/2003
Coming into force
19 This Regulation comes into force on July
2, 2000.
Schedule 1
Form 1
Societies Act
(Section 9)
Application
We, the undersigned, hereby declare that we desire to form
a society under the Societies Act,
and that
(1) The name of the society is
(2) The object of the society is
Dated ,
(full names, addresses and
occupations of applicants)
Witness:
(full name,
address and occupation)
Form 2
Societies Act
(Section 24(2))
Notice of Address or
Notice of Change of
Address
|
1. Name of
Society:
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2. Corporate Access
Number:
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3. Address of
Registered Office: (Street Address, including Postal Code, or Legal Land
Description)
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|
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4. Records Address, if
different from the address in item 3: (Street Address, including Postal Code,
or Legal Land Description)
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|
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5. Address for Service
by Mail, if different from Item 3: (Post Office Box, including Postal Code)
|
|
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6. Date
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Signature
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Title
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FOR DEPARTMENTAL
USE ONLY
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Filed
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Form 3
Societies Act
(Section 26(2))
Annual Return
Your corporate access number
This is your Annual
Return for the year that ends on
(year) (month) (day)
In order to keep your
status as a society, you must submit 2 copies of an annual return and
supporting documents to Corporate Registry each year. A list of supporting
documents is given below.
Send both copies of
the annual return with the supporting documents to an office listed on the back
of this form. If you have questions, please call one of those offices. One copy
of the annual return will be sent to you for your files.
Name of society:
Address
of society’s registered office:
If this address has changed, please get a Notice of Change of Address form from
an office listed on the back of this form. Fill it out and return it with this
form.
Date of incorporation
Please return these supporting documents with this form:
1 An
audited financial statement that was presented to members at your last annual
general meeting held before .
The financial
statement must:
• be signed by the auditor
• be audited according to your society’s
bylaws
• state
all income, disbursements, assets and liabilities of the society
2 A
list of officers and directors.
Please include
• the name and occupation of each person who
was an officer or director on
• the position each person holds in the
society
• a
mailing address for each person
3 Fee
of $ , made payable to the
Minister of Finance.
4 A
Notice of Change of Address form if necessary.
This form must be signed by an authorized official of your
society.
Signature
Business telephone number
Home telephone number
Form 4
Societies Act
(Section 32)
Application for Amalgamation
We hereby apply on behalf of our respective societies to
amalgamate the societies into a new society having the name:
(print
name of the new society)
Attached to this
application are the following documents:
1 The
amalgamation agreement.
2 A
copy of the special resolution, passed by each amalgamating society, adopting
the amalgamation agreement. (The
resolution must be certified to be a true copy by the president and secretary
of each of the societies).
3 A
NUANS name search report (if required)*.
4 The
by-laws of the amalgamated society.
The objects of the
amalgamated society are:
The registered office
of the amalgamated society is:
The directors and
officers of the amalgamated society (if available) are:
Dated
This form must be
signed by an authorized official of each of the societies wishing to
amalgamate.
(signature) (signature)
(print name)
(print name)
(name of existing
society) (name of existing society)
* A
NUANS report is only required if the name of the amalgamated society is not the
same as that of one of the amalgamating societies.
Form 5
Societies Act
(Section 32)
Corporate
Access Number
Alberta
Societies Act
Certificate
of
Amalgamation
(NAME OF SOCIETY)
IS THE RESULT OF AN
AMALGAMATION FILED ON (DATE)
(REGISTRAR OF
CORPORATIONS SEAL)
AR 122/2000 Sched
1;27/2002;203/2003
Schedule 2
1 The fees payable under the Act
are as follows:
|
(a) for Certificate of Incorporation
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$ 50
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(b) for Certificate of Amendment
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25
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(c) for filing Restated By-laws
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no charge
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(d) for Certificate of Amalgamation
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50
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(e) for Certificate of Revival
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50
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(f) for Certificate of Dissolution
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no charge
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(g) to accompany annual return sent to the
Registrar
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no charge
|
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(h) to accompany annual return if late
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no charge
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(i) for Certificate of Status
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5
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(j) for Certificate Amending the Objects
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25
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(k) for any certificate or certification for
which a fee is not provided
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25
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(l) for search - for each corporation
(microfiche only)
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5
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(m) for certification, per file
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5
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(n) for appointment of a receiver
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no charge
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(o) for a printed search - for each
corporation
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1
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