Personal Property Security Law, Final Report 116

September 29, 2021

Non-Profit Corporations Discussion Paper

April 8, 2015

Non-Profit Corporations, Report 26

Non-profit organisations are an integral part of our society, an increasing component of our economy, delivering a wide array of services including education, training, housing, food banks, health care and recreation. The current legislation is old and has not kept pace with the non-profit sector and the legislation should be updated to allow non-profits to accomplish their objectives; to clearly articulate the roles and responsibilities of directors and members, and to balance the requirements and […]

February 3, 2015

Joint Ventures, Consultation Memorandum 14

Joint ventures are an increasingly common part of commercial arrangements. But the legal landscape has not kept up with commercial arrangements. There is a lack of fit between the applicable law and the exigencies of present day joint ventures and the resulting uncertainty is not good for the participants. This report recommends removing the uncertainty by specifying a clear result if a joint venture does two things: declare it is not a partnership; and use […]

May 4, 2011

Business Names Legislation, Consultation Memorandum 3

This paper considers the desirability and design of provincial legislation that pursues the regulation of business names and business name disclosure. Business name regulation is for the purpose of limiting the scope for confusion caused by the use of similar names. Business name disclosure requires that firms that use a business name disclose certain information about themselves to the public. This paper discusses the two objectives of business names legislation and then describes the general […]

December 1, 1996

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. […]

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; […]

February 3, 1989

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 […]

August 2, 1987

Proposals for a New Alberta Business Corporations Act Volume 1, Final Report 36

This two-volume set puts forth proposals for an Act to reform the law of Alberta relating to business corporation. This first volume (“Report”) discusses the principles and policies upon which a business corporations statute for Alberta should be based. The purpose of this report is to recommend the adoption of a statute that embodies the basic law of business corporations. It should apply to all business corporations incorporated under the Alberta Corporations Act or its […]

August 1, 1980

Proposals for a New Alberta Business Corporations Act Volume 2, Final Report 36

This two-volume set puts forth proposals for an Act to reform the law of Alberta relating to business corporations. This second volume contains the draft Alberta Business Corporations Act together with comments on many of the sections. The comments cover some of the subject matter addressed in the first volume of the Report, but their purpose is to explain the relationship of the sections of the Act to each other and to the principles and […]