Not_for_Profit_Incorporators_Handbook_EN

Not_for_Profit_Incorporators_Handbook_EN - NOT-FOR-PROFIT...

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Unformatted text preview: NOT-FOR-PROFIT INCORPORATORS HANDBOOK 1 This handbook has been prepared jointly by the Companies and Personal Property Security Branch of the Ministry of Government Services and the Office of the Public Guardian and Trustee for Ontario, Charitable Property Program of the Ministry of the Attorney General The Mailing Address of the Companies and Personal Property Security Branch is: Companies and Personal Property Security Branch Ministry of Government Services 393 University Avenue, Suite 200 Toronto, Ontario M5G 2M2 The Mailing Address of The Public Guardian and Trustee is: Office of the Public Guardian and Trustee Charitable Property Program Suite 800, 595 Bay Street Toronto, Ontario M5G 2M6 ISBN 978-1-4249-8640-8 (PDF) 2 Table of Contents Part 1 General Information 1.1 Introduction 1.2 Nature of a Corporation 1.3 Should you Incorporate? 1.4 Types of Corporations 1.5 Incorporation Process and Corporate Maintenance 1.6 Self-help Remedies Available Under the Corporations Act Part 2 Corporate Name 2.1 Name not to be Deceptively Similar 2.2 Name to be Distinctive 2.3 Types of Distinctiveness 2.4 Elements of a Corporate Name 2.5 Name not to be too General 2.6 Name not to Suggest Connection with the Crown 2.7 Name not to Suggest Connection with Government 2.8 Use of the Name of Another Province 2.9 Languages Permitted in the Corporate Name 2.10 Prohibited Words / Expressions 2.11 Choosing the Corporate Name 2.12 Checklist 3 2.13 The Corporate Name Search Report 2.14 Warning - Use of the Proposed Name Part 3 Incorporation 3.1 Pre-Incorporation Considerations 3.2 Completion of Application - General Comments 3.3 Head Office 3.4 Directors 3.5 Objects - General 3.6 Objects - Charities 3.7 Ancillary Powers 3.8 Special Provisions 3.9 Objects and Special Provisions Key Points 3.10 Supporting Documents 3.11 Checklist 3.12 Timing Part 4 Organization and Start Up 4.1 Organization and Start Up Part 5 Corporate Maintenance and Filing Requirements 5.1 Annual Meeting 5.2 Election of Directors and Officers 4 5.3 Quorum for Meetings 5.4 Reporting Requirements 5.5 Penalties for Failure to Comply with Filing Requirements 5.6 Additional Reporting Requirements 5.7 Audit Provisions 5.8 Record Keeping Requirements 5.9 Use of Corporate Name 5.10 Changing Corporate Name 5.11 Use of a Name Other than Corporate Name 5.12 Changing the Authorized Number of Directors 5.13 Changing the Location of the Head Office 5.14 Changing the Objects and Special Provisions 5.15 Income Tax Act Considerations 5.16 Ontario Corporations Tax Branch Requirements 5.17 Dissolution - Surrender of the Charter Part 6 Charities 6.1 Incorporating a Charity 6.2 What is a Charitable Corporation? 6.3 How to Apply for Letters Patent 6.3.1 Applying directly to Companies and Personal Property Security Branch using only pre-approved object and special provision clauses 6.3.2 Applications for incorporation through the Public Guardian and Trustee 6.3.3 Grounds for refusing applications for charitable organizations...
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Not_for_Profit_Incorporators_Handbook_EN - NOT-FOR-PROFIT...

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