Marginal note:Act ceases to apply
40. If a company or society applies for a certificate or letters patent referred to in section 39 in accordance with that section and the certificate is given or the letters patent are issued, this Act ceases to apply to the company or society as of the day the certificate or the letters patent take effect.
- 1991, c. 47, s. 40;
- 2001, c. 9, s. 358;
- 2007, c. 6, s. 191.
41. [Repealed, 2001, c. 9, s. 358]
Marginal note:Prohibited names
42. (1) A company or society may not be incorporated under this Act with a name
(a) that is prohibited by an Act of Parliament;
(b) that is, in the opinion of the Superintendent, deceptively misdescriptive;
(c) that is the same as or, in the opinion of the Superintendent, substantially the same as or confusingly similar to, any existing
(i) trade-mark or trade name, or
(ii) corporate name of a body corporate,
except where the trade-mark or trade name is being changed or the body corporate is being dissolved or is changing its corporate name and consent to the use of the trade-mark, trade name or corporate name is signified to the Superintendent in such manner as the Superintendent may require;
(d) that is the same as or, in the opinion of the Superintendent, substantially the same as or confusingly similar to, the known name under or by which any entity carries on business or is identified; or
(e) that is reserved under section 45 for another company or society or a proposed company or society or under section 734 for an insurance holding company or a proposed insurance holding company.
(2) Paragraph (1)(a) does not apply with respect to any former-Act company or former-Act society incorporated by or under an Act of Parliament that expressly authorizes the use of any name that would otherwise be prohibited.
- 1991, c. 47, s. 42;
- 1996, c. 6, s. 67;
- 1997, c. 15, s. 177;
- 2001, c. 9, s. 359.
Marginal note:Affiliated company or society
43. Despite section 42, a company or society that is affiliated with another entity may, with the consent of that entity, be incorporated with, or change its name to, substantially the same name as that of the affiliated entity.
- 1991, c. 47, s. 43;
- 1996, c. 6, s. 68;
- 2001, c. 9, s. 360;
- 2007, c. 6, s. 192.
Marginal note:French or English form of name
44. (1) The name of a company or society may be set out in its letters patent in an English form, a French form, an English form and a French form or in a combined English and French form, and the company or society may use and be legally designated by any such form.
Marginal note:Alternate name
(2) A company or society may identify itself outside Canada by its name in any language and the company or society may use and be legally designated by any such form of its name outside Canada.
Marginal note:Other name
(3) Subject to subsection (4) and section 278, a company or society may carry on business under or identify itself by a name other than its corporate name.
(4) Where a company or society is carrying on business under or identifying itself by a name other than its corporate name, the Superintendent may, by order, direct the company or society not to use that other name if the Superintendent is of the opinion that that other name is a name referred to in any of paragraphs 42(1)(a) to (e).
- 1991, c. 47, s. 44;
- 1996, c. 6, s. 69.
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