Harmony and Synergy in Canada Richard Shaw Director General Corporations Canada April 2, 2009

Background A unique tapestry The Canada Constitution Act, The Federal authority vs the Provincial and Territorial authority . Regulating businesses

A unique tapestry

The Canada Constitution Act,

The Federal authority vs the Provincial and Territorial authority .

Regulating businesses

The Canadian Landscape In Canada, corporate statutes are administered by both the federal and provincial/territorial governments. In total, there are 14 jurisdictions in Canada. Some of the differences between incorporating a business federally vs. provincially include: - Name granting protection - Annual return filings - On-line 24/7 services - Electronic meetings - Off-shore Minute Books

In Canada, corporate statutes are administered by both the federal and provincial/territorial governments. In total, there are 14 jurisdictions in Canada.

Some of the differences between incorporating a business federally vs. provincially include:

- Name granting protection

- Annual return filings

- On-line 24/7 services

- Electronic meetings

- Off-shore Minute Books

Legislation Corporations Canada, - Canada Business Corporations Act - Canada Corporations Act (Not-for-profit) Each of the other thirteen jurisdictions have similar legislative basis, although the statutes are not identical: Letters Patent Memorandum of Association Articles of Incorporation

Corporations Canada,

- Canada Business Corporations Act

- Canada Corporations Act (Not-for-profit)

Each of the other thirteen jurisdictions have similar legislative basis, although the statutes are not identical:

Letters Patent

Memorandum of Association

Articles of Incorporation

Legislation (continued) . When deciding to incorporate, there is a choice between incorporating federally or provincially/territorially. This choice is made based on a number of factors: the specific legislative requirements of the jurisdictions; the location of the registered office; the number and residency of directors; the cost of the services provided by the registrar .

.

When deciding to incorporate, there is a choice between incorporating federally or provincially/territorially.

This choice is made based on a number of factors:

the specific legislative requirements of the jurisdictions;

the location of the registered office;

the number and residency of directors;

the cost of the services provided by the registrar

Percentages of New Corporations

Jurisdictional Analysis

CACLA Canadian Association of Corporate Law Administrators. Meets once a year to discuss topics of mutual interest and concern. Some CACLA members are also associated with the CRF (three attended some sessions of the CRF’s Vancouver 2008 conference as observers). Registrars’ Corner

Canadian Association of Corporate Law Administrators.

Meets once a year to discuss topics of

mutual interest and concern.

Some CACLA members are also associated with the CRF (three attended some sessions of the CRF’s Vancouver 2008 conference as observers).

Registrars’ Corner

Facing the Future A new NFP Legislation. Review of the CBCA. New Item System to be released mid-April. TILMA a source of inspiration! Economic Slowdown Building Bridges

A new NFP Legislation.

Review of the CBCA.

New Item System to be released mid-April.

TILMA a source of inspiration!

Economic Slowdown

Building Bridges

Questions?