Liquidation and Dissolution
Interpretation and Application
Definition of “court”
323. For the purposes of subsections 330(1) and 331(1) and (2), sections 332 to 336, subsection 337(1), sections 339 and 341 to 343, subsections 347(3) and (4) and section 352, “court” means a court having jurisdiction in the place where the association has its head office.
Marginal note:Application of subsection (2) and sections 325 to 352
Marginal note:Staying proceedings on insolvency
(2) Any proceedings taken under this Part to dissolve or to liquidate and dissolve an association shall be stayed if the association is at any time found to be insolvent within the meaning of the Winding-up and Restructuring Act.
- 1991, c. 48, s. 324;
- 1996, c. 6, s. 167.
Marginal note:Returns to Superintendent
325. A liquidator appointed under this Part to wind up the business of an association shall provide the Superintendent with such information relating to the business and affairs of the association in such form as the Superintendent requires.
Marginal note:No property and no liabilities
326. (1) An association that has no property and no liabilities may, if authorized by a special resolution of the members, apply to the Minister for letters patent dissolving the association.
Marginal note:Dissolution by letters patent
(2) Where the Minister has received an application under subsection (1) and is satisfied that all the circumstances so warrant, the Minister may issue letters patent dissolving the association.
Marginal note:Effect of letters patent
(3) An association in respect of which letters patent are issued under subsection (2) ceases to exist on the day stated in the letters patent.
Marginal note:Proposing liquidation
327. (1) The voluntary liquidation and dissolution of an association, other than an association referred to in subsection 326(1),
(a) may be proposed by its directors; or
(b) may be initiated by way of a proposal made by a member.
Marginal note:Terms must be set out
(2) A notice of any meeting of members at which the voluntary liquidation and dissolution of an association is to be proposed shall set out the terms of the proposal.
328. Where the voluntary liquidation and dissolution of an association is proposed, the association may apply to the Minister for letters patent dissolving the association if authorized by a special resolution of the members and, where the association has issued one or more classes of shares, a special resolution of each class of shareholders.
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