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1. Applying for Incorporation: Not-for-profit
In order to obtain Letters Patent of incorporation you must file certain documents with Corporations Canada.
These are:
- An application for Letters Patent in the format set out in 1a - Sample of an Application for
Incorporation, Not-for-Profit (2 originals)
- 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)
- A $200 filing fee (cheque payable to the Receiver General for
Canada)
- 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.
- One copy only (unsigned) of the proposed By-laws of the
corporation (see 7 - Corporations Canada Model By-Law) with IDENTIFIER, if applicable
- 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:
- conditions of membership
- whether and how membership may withdraw
- mode of holding directors' meetings (including provision for
notice, quorum and voting rights)
- mode of holding members' meetings (including provision for
notice, quorum and voting rights)
- mode of holding executive committee meetings (including
provision for notice, quorum and voting rights)
- directors
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their appointment or election
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their term of office
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their powers
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their remuneration
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their removal
- officers
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their appointment or election
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their term of office
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their powers
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their remuneration
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their removal
- committee members
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their appointment or election
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their term of office
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their powers
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their remuneration
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their removal
- auditor to be appointed by the members at each annual meeting to
audit the books for report to members at the annual meeting
- 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
- custody of the corporate seal (with which officer?)
- 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
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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"
- the original pages to be corrected
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