5 Retention of records
6 Name requirements
7 Exception
8 Fees
Schedule
Prescribed insurance and guarantee plans
1 The following are
prescribed as deposit insurance plan and guarantee plans for the purposes of
section 1(1)(l) and (r)(iii) of the Act and as public agencies for the purposes
of section 188(12)(b) of the Act:
(a) Régie de l’assurance ‑ Dépôts du
Québec;
(b) the Credit Union Deposit Guarantee
Corporation (Alberta);
(c) the Credit Union Deposit Insurance
Corporation (British Columbia);
(d) the Ontario Savings and Deposit Insurance
Corporation.
AR
172/92 s1;251/2001
Information to be provided to Minister
2(1) Repealed AR 223/98 s2.
(2) A provincial trust
corporation shall submit the report referred to in section 173(5) of the Act to
the Minister within 30 days of its approval by the board of directors.
(3) A registered corporation shall notify the Minister in
writing
(a) of the imposing of any terms, conditions or
restrictions on its registration in any other jurisdiction in Canada, or
(b) of any changes or additions to terms,
conditions or restrictions so imposed
within
3 business days of their being imposed or of the making of the changes or
additions.
(4) A provincial
corporation shall file with the Minister not later than the end of the month
following each quarterly fiscal period of the corporation a financial return in
the prescribed form.
AR
172/92 s2;223/98
3, 4 Repealed
AR 223/98 s4.
Retention of records
5(1) The periods
of time for which a provincial corporation is required to retain records,
papers and documents are as follows:
(a) as long as the provincial corporation
exists, in the case of
(i) minutes of board meetings,
(ii) minutes of general meetings of the
corporation,
(iii) records containing details of the ownership
and transfer of shares issued by the corporation,
(iv) the general ledger or other book of final
entry containing summaries of the year‑to‑year transactions, and
(v) special contracts or agreements necessary
for an understanding of the entries in the general ledger or other book of
final entry referred to in subclause (iv);
(b) in the case of all other records and books
of account, and accounts and vouchers necessary to verify the information
contained in those records and books of account, the period ending 6 years
after the end of the last fiscal year to which the records and books of account
relate.
(2) A provincial
corporation shall, where reasonably practicable, retain the originals rather
than copies of records, papers and documents referred to in subsection (1).
AR
172/92 s5
Name requirements
6(1) No letters
patent may be issued to a corporation and no corporation may be registered
unless the name of the corporation meets the following requirements:
(a) the name must not contain anything other
than
(i) letters of the alphabet used in the English
or French language,
(ii) arabic numerals, and
(iii) punctuation marks, symbols or other marks in
common usage in the English or French language;
(b) the first character of the name must be an
arabic numeral or a letter of the alphabet;
(c) the name may not contain a year unless the
corporation is an amalgamated corporation and the year is the year the
amalgamation took place.
(2) Documents provided to
the Minister in connection with
(a) the incorporation of a provincial
corporation,
(b) the registration of a corporation,
(c) an amalgamation under Part 12 of the Act
where the name of the amalgamated corporation is not identical to the name of
one of the amalgamating bodies corporate, or
(d) the issue of supplementary letters patent
involving the change of the name of a corporation
must
be accompanied by an original Alberta Search Report from the NUANS system
maintained by the Government of Canada, dated not more than 90 days before the
date of submission of the report.
(3) A name identified in
the name search report as “proposed” may not be used by a corporation unless
the corporation
(a) is the person who first proposed the name,
or
(b) has the consent in writing of the person who
first proposed the name.
AR
172/92 s6;206/2001
Exception
7 An extra‑provincial
corporation may be registered with a name that contravenes the requirements of
section 20(1) of the Act if
(a) the name was already in existence on the
coming into force of the Act, or
(b) the name was not in existence on the coming
into force of the Act, but has become known in another jurisdiction and the
Minister is satisfied that a change in the name would cause additional expense
to the corporation or a loss of business or both,
and
the Minister is satisfied that the name is not likely to cause confusion with
the proposed name of a provincial corporation or the name of an existing
registered corporation.
AR
172/92 s7
Fees
8 The
fees payable for the purposes of the Act are the fees prescribed in Schedule 2.
AR
172/92 s8
Schedule
1 Repealed AR 223/98 s4.
Schedule
2
Fees
1(1) The
following fees are payable for the following services under the Act:
(a) to process an application for letters patent $5000
(b) to process an application for supplementary
letters patent
(i) under section 17(1)(b) or (c) of the Act
or in the case of an amalgamation 2000
(ii) under section 17(1)(a) or (d) to (l) of
the Act 500
(c) to process an application for registration 1000
(d) to process an application for a change to
terms, conditions or restrictions to which
a corporation’s registration is subject 1000
(e) to process an application to change the
borrowing multiple limit referred to in
section 15 of the Loan and Trust
Corporations Regulation 1000
(f) to process an application for the Minister’s
consent under section 77 of the Act to
transfer or issue shares 1000
(g) for any other service provided by the
Minister
that is similar to a service provided by the
Registrar under the Business Corporations
Act, the same fee is payable as is payable
under the Business Corporations Regulation
(Alta. Reg. 27/82).
(2) Repealed AR 251/2001 s75.
(3) The fees referred to in
subsection (1) are payable when the service is requested.
(4) Every registered
corporation shall on or before June 30 in every year pay an annual fee
determined in accordance with the following:
(a) where the assets of the corporation do not
exceed $50 000 000, the fee is $3000
(b) where the assets of the corporation exceed
$50 000 000 but do not exceed
$100 000 000, the fee is 4000
(c) where the assets of the corporation exceed
$100 000 000 but do not exceed
$500 000 000, the fee is 5000
(d) where the assets of the corporation exceed
$500 000 000 but do not exceed
$1 000 000 000, the fee is 6000
(e) where the assets of the corporation exceed
$1 000 000 000 but do not exceed
$5 000 000 000, the fee is 8000
(f) where the assets of the corporation exceed
$5 000 000 000, the fee is $10 000 and $1000
for every $1 000 000 000 or part thereof in
assets in excess of $5 000 000 000.
(5) For the purposes of subsection (4) a corporation’s assets
shall be
(a) as shown in the corporation’s financial
statements and auditor’s report filed with the Minister for the immediately
preceding fiscal year, or
(b) as determined by the Minister, in a case
where
(i) June 30 falls within the first fiscal year
of the corporation, or
(ii) the corporation has not filed its financial
statements and auditor’s report for the immediately preceding fiscal year as
required under the Act.
AR
172/92 Sched.2;251/2001
