Publications
The Bulk Sales Act, Final Report 56
The Bulk Sales Act, RSA 1980, c B-13, was created to protect the creditors of retailers who sell their stock and disappear before paying off their debts. The Act (as it was at the writing of this report) required that anyone buying an unusually large amount of a retailer’s stock and trade fixtures must first obtain a list of the retailer’s debts, and must pay the retailer’s creditors directly (or obtain their consent), before the […]
| AREA OF LAW | Corporate and Commercial |
| TAGS | bulk sale, buyer, credit, creditor, debtor, fraud, fraudulent, merchant, seller |
| FORMAT | Publications |
| FILE | fr056.pdf |
| ENACTMENT |
Miscellaneous Statutes Amendment Act, 1992, SA 1992, c 21, s 5 (repealed the Bulk Sales Act). |
January 1, 1990
Financial Assistance by a Corporation: Section 42, The Business Corporations Act (Alberta), Final Report 54
Section 42 of the Alberta Business Corporations Act (as it was at the time of the writing of this report) made it illegal for a corporation to provide financial assistance to: – a shareholder or director of that corporation or an affiliated corporation; – an associate of any or the above; or – a purchaser of shares of that corporation or an affiliated corporation if that corporation was not “solvent” as defined by the ABCA. […]
| AREA OF LAW | Corporate and Commercial |
| TAGS | assistance, Business Corporations Act, corporation, disclosure, financial, solve |
| FORMAT | Publications |
| FILE | fr054.pdf |
| ENACTMENT |
Business Corporations Act, SA 2000, c 10, s. 2 (now RSA 2000, c B-9, s 45). |
August 1, 1989
Corporate Directors’ Liability, Research Paper 17
This paper addresses the question of the standard of care required from the directors of corporations. At the time of publication, there were different commonlaw rules about Corporate Directors’ Liability in different jurisdictions: that in Alberta being that “a director is not expected to exhibit ‘a greater degree of skill than may [reasonably] be expected from a person of his [sic] knowledge and experience’”; that in Delaware being much higher, that in Indiana being lower; […]
| AREA OF LAW | Corporate and Commercial |
| TAGS | business judgement, breach, corporation, director, duty of care, fiduciary, liability |
| FORMAT | Publications |
| FILE | RPNo.17.pdf |
February 3, 1989
Prejudgment Remedies for Unsecured Claimants, Final Report 50
This report is first in a series of final reports on the general topic of remedies of unsecured creditors. The report contains detailed recommendations for a legislative solution regarding the inadequacies identified in the available prejudgment remedies for unsecured claimants in Alberta. It details a variety of prejudgment remedies that currently exist and identifies as a problem the absence of any unifying principle in their application. There is discussion of the Mareva injunction, which has […]
| AREA OF LAW | Corporate and Commercial |
| TAGS | attachment, creditor, debtor, garnishment, pre-judgment, prejudgment, remedy |
| FORMAT | Publications |
| FILE | fr050.pdf |
| ENACTMENT |
Civil Enforcement Act, SA 1994, c C-10.5 (now RSA 2000, c C-15). |
February 1, 1988
Financial Assistance by a Corporation: Section 42, The Business Corporations Act (Alberta), Report for Discussion 5
Section 42 of the Alberta Business Corporations Act (as it was at the time of the writing of this report) made it illegal for a corporation to provide financial assistance to: – a shareholder or director of that corporation or an affiliated corporation; – an associate of any or the above; or – a purchaser of shares of that corporation or an affiliated corporation if that corporation was not “solvent” as defined by the ABCA. The […]
| AREA OF LAW | Corporate and Commercial |
| TAGS | solvency, assistance, Business Corporations Act, corporation, disclosure, financial |
| FORMAT | Publications |
| FILE | rfd5.pdf |
August 2, 1987
Proposals for a New Alberta Incorporated Associations Act, Final Report 49
This report makes recommendations for the enactment of a new Incorporated Associations Act, which would repeal both the Companies Act and the Societies Act and apply only to true non-profit associations. The Act would not replace some specialized statutes such as the Cemetery Companies Act, the Co-operative Associations Act, and the Agricultural Societies Act and would not apply to non-profit corporations incorporated by the Legislature under special individual Acts. Many parts of the draft Act […]
| AREA OF LAW | Corporate and Commercial |
| TAGS | association, director, distribution, incorporation, name, Property, society |
| FORMAT | Publications |
| FILE | fr049.pdf |
| ENACTMENT |
Bill 54 (Volunteer Incorporations Act) introduced into Alberta Legislature, June 15, 1987. |
March 1, 1987
Remedies of Unsecured Creditors, Report for Discussion 3
This report is long and it examines the remedies available under the Alberta law to unsecured creditors for collection of their debts and makes tentative proposals for the reform of those remedies. It provides a description of the present system and criticism of it, and outlines the need for technical reform. The report examines the body of research on the kinds of debtors who are likely to get into legal trouble, as well as the […]
| AREA OF LAW | Corporate and Commercial |
| TAGS | unsecured, assets, income, enforcement, remedies, rules, creditor, debtor, distribution, execution, proceeds |
| FORMAT | Publications |
| FILE | rfd3.pdf |
May 2, 1986
The Operation of the Unsecured Creditors’ Remedies System in Alberta, Research Paper 16
A plaintiff who has obtained a monetary judgement as a result of a court case, but who has not yet received that money, is known as a “judgement creditor.” This report is a survey of: whether judgement creditors made use of enforcement mechanisms to obtain their money; which remedies were used frequently, and which ones infrequently; how the remedies that were used operated, and how far they were carried; and how successful the remedy process […]
| AREA OF LAW | Corporate and Commercial |
| TAGS | unsecured, judgment, money, credit, creditor, debt, debtor, Land, Property |
| FORMAT | Publications |
| FILE | RPNo.16.pdf |
March 3, 1986
Statute of Frauds and Related Legislation, Final Report 44
This report examines the provisions of the Statue of Frauds and the Guarantees Acknowledgment Act, an Alberta statute. Where the provisions of these Acts are still useful, the report recommends that it be retained and reformed, where they are not useful that they be abolished. The Statue of Frauds was enacted by the English Parliament in 1677 to prevent false claims being accepted by the courts by requiring that a number of kinds of contracts […]
| AREA OF LAW | Corporate and Commercial Property |
| TAGS | contract, Evide, goods, guarantee, Land, Property, real, sale, Statute of Frauds |
| FORMAT | Publications |
| FILE | fr044.pdf |
June 1, 1985
Debt Collection Practices, Final Report 42
This report sets out a rules of conduct which will provide a firm and ascertainable legal basis for the conduct of private debt collection agencies and the debt collectors, and rules of conduct which should apply to everyone including collection agencies but also including creditors who collect their own debts. Proposed standards of conduct include prohibitions and obligations stated in simple and intelligible language so it will provide and efficient method of enforcement of the […]
| AREA OF LAW | Corporate and Commercial Procedure Property |
| TAGS | agency, agent, collection, Collection Practices Act, creditor, debt, debtor |
| FORMAT | Publications |
| FILE | fr042.pdf |
| ENACTMENT |
See generally, Civil Enforcement Act, SA 1994, c C-10.5 (now RSA 2000, c C-15). |
June 1, 1984