Canada Not-for-profit Corporations Act

Version of section 78 from 2011-10-17 to 2018-04-30:


Definition of appropriate

  •  (1) In section 79, subsections 86(1) and 94(1) and section 98, appropriate, with respect to a person, means that the person is

    • (a) the person who is specified by the debt obligation or by a special endorsement to be entitled to the debt obligation;

    • (b) if the person described in paragraph (a) is described as a fiduciary but is no longer serving as one, either that person or their successor;

    • (c) if the debt obligation or endorsement mentioned in paragraph (a) specifies more than one person as fiduciaries and one or more of those persons is no longer a fiduciary, the remaining fiduciary or fiduciaries, whether or not a successor has been appointed or qualified;

    • (d) if the person described in paragraph (a) is an individual and is without capacity to act by reason of death, minority or other incapacity, the person’s fiduciary;

    • (e) if the debt obligation or endorsement mentioned in paragraph (a) specifies more than one person with a right of survivorship and by reason of death not all of the persons can sign, the survivor or survivors;

    • (f) a person who has the legal power to sign; or

    • (g) to the extent that a person described in any of paragraphs (a) to (f) may act through an agent or mandatary, the person’s authorized agent or mandatary.

  • Marginal note:Time for determination

    (2) The authority of a person signing is determined as of the time of signing.

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