Marginal note:Sunset provision
20. (1) Subject to subsections (2) and (4), companies shall not carry on business after the day that is the fifth anniversary of the day on which this section comes into force.
(2) The Governor in Council may, by order, extend by up to six months the time during which companies may continue to carry on business. No more than one order may be made under this subsection.
Marginal note:Order not a regulation
(4) If Parliament dissolves on the fifth anniversary of the day on which this section comes into force, on any day within the six-month period before that anniversary or on any day within an extension under subsection (2), companies may continue to carry on business until the end of 180 days after the first day of the first session of the next Parliament.
- 1991, c. 45, s. 20;
- 1997, c. 15, s. 341;
- 2001, c. 9, s. 484;
- 2006, c. 4, s. 202;
- 2007, c. 6, s. 338;
- 2012, c. 5, s. 163.
INCORPORATION, CONTINUANCE AND DISCONTINUANCE
Formalities of Incorporation
Marginal note:Incorporation of company
21. On the application of one or more persons made in accordance with this Act, the Minister may, subject to this Part, issue letters patent incorporating a company.
Marginal note:Restrictions on incorporation
22. Letters patent incorporating a company may not be issued if the application therefor is made by or on behalf of
(a) Her Majesty in right of Canada or in right of a province, an agency of Her Majesty in either of those rights, or an entity controlled by Her Majesty in either of those rights;
(b) the government of a foreign country or any political subdivision thereof;
(c) an agency of the government of a foreign country or any political subdivision thereof; or
(d) an entity, other than a foreign institution or any subsidiary of a foreign institution, that is controlled by the government of a foreign country or any political subdivision thereof.
Marginal note:Subsidiary of foreign institution
23. If a proposed company would be a subsidiary of a foreign institution that is engaged in trust or loan business and the application for letters patent to incorporate the company is made by a non-WTO Member foreign institution, letters patent to incorporate the company may not be issued unless the Minister is satisfied that treatment as favourable for companies to which this Act applies exists or will be provided in the jurisdiction in which the foreign institution principally carries on business, either directly or through a subsidiary.
- 1991, c. 45, s. 23;
- 1999, c. 28, s. 138;
- 2001, c. 9, s. 485.
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