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ARTICLE · 12 AUGUST 2014

CNCA Continuance: Some Issues To Avoid

Borden Ladner Gervais LLP
Borden Ladner Gervais LLP
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Borden Ladner Gervais LLP

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Corporations governed by the Canada Corporations Act have until October 17, 2014 to continue under the Canada Not-for-profit Corporations Act.

CanadaCorporate/Commercial Law

Corporations governed by the Canada Corporations Act have until October 17, 2014 to continue under the Canada Not-for-profit Corporations Act ("CNCA").  At this point, thousands of corporations have completed the transition process; many more thousands need to determine if they will continue under the CNCA.  To assist those corporations still working on the process, it is helpful to consider some of the common mistakes that have been made in continuance documents filed to date.

Corporations Canada has published a list of common deficiencies that are found in the Articles of Continuance (transition) (Form 4031), noting that over 40% of continuance applications are returned to the applicant due to these deficiencies.  Many of these deficiencies are easily avoided, and amount to technical or procedural errors, including:

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