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C.C.S.M. c. C223

The Cooperatives Act

 Back to the Act    Regulations
Sections: 1 - 91 | 92 - 217 | 218 - 321 | 322 - 404
PART 1
INTERPRETATION AND APPLICATION
1(1) Definitions
(2) Registered common-law relationship
2(1) Control
(2) Holding body corporate
(3) Subsidiary
(4) Affiliates
(5) Associates
3(1) Deemed distribution to the public
(2) Distribution to the public
(3) Exemption
4(1) Cooperative basis
(2) Restrictions on membership
(3) Exception re voting
5(1) Application of Act
(2) No application to credit unions
6 Powers of existing cooperatives
7(1) Designation of Registrar
(2) Duties
(3) Delegation by Registrar
PART 2
INCORPORATION
8(1) Application by individuals
(2) Application by corporations
(3) Application by cooperatives
9(1) Articles of incorporation
(2) Additional provisions
(3) Special majorities
(4) Voting number
10(1) Signatures
(2) Consent of first directors
(3) Address
11(1) Copy of by-laws to Registrar
(2) Registrar's order re by-laws
12(1) By-laws: mandatory provisions
(2) By-laws: other provisions
13 Cooperative basis
14(1)
(2) Additional information
15 If membership too low
16 Effect of certificate
17(1) Name of cooperative
(2)
(3) Existing names
(4) Alternative name
(5) Name in any language form
(6) Use of symbols
(7) Publication of name
(8) Other name
18(1) Prohibited use of cooperative designations
(2) Prohibition against holding out
(3) Exception
19(1) Reservation of name
(2) Assignment of number
20(1) "Business" or "association" defined
(2) Prohibited names
(3) Names similar to other bodies corporate
(4) Names similar to other businesses or associations
(5) Reserved name
(6) Undertaking not carried out
(7) Directing change of name
(8) Directing change of where number assigned
(9) Revoking name
21(1) Certificate of amendment
(2) Effect of certificate
22(1) Personal liability under pre-incorporation contracts
(2) Adoption of pre-incorporation contracts
(3) Application to court
(4) Exemption from personal liability
PART 3
CAPACITY AND POWERS
23(1) Capacity of a cooperative
(2) Extra-territorial capacity
24(1) Powers of a cooperative
(2) Restricted business or powers
(3) Rights preserved
25(1) No constructive notice
(2) Constructive notice of articles and by-laws
26
PART 4
REGISTERED OFFICE, RECORDS AND RETURNS
27(1) Registered office
(2) Change of location
(3) Change of address
(4) Notice of change
(5) Annexation or amalgamation of municipalities
28(1) Records
(2) Accounting and directors' records
(3) Place for keeping records
(4) Accounting records in Manitoba
(5) Exception
(6) Rescind order
(7) Trustee's register of securities
(8) Notice of order
29(1) Examination of records
(2)
(3) Copies of by-laws and articles to creditors
30(1) Form of records
(2) Precautions
31(1) Corporate seal
(2) Seal not necessary for validity
32 Annual return
33(1) Copies of financial statements to Registrar
(1.1) Application of subsection (1)
(2) Subsidiary cooperative
34(1) Special return
(2) Contents of special return
35(1) Offence
(2) Relief by court
PART 5
CORPORATE FINANCE
36 Loan capital
37 Certificate of membership and right to vote
38 Par value
39(1) Membership shares
(2) Equal rights
(3) Membership shares
40(1) Right to vote
(2) No right to vote
41(1) Issuance of membership shares
(2) Membership shares at par value
42(1) Investment shares
(2) No voting rights
(3) Exception
(4) Limit on shareholders' directors
(5) Election of director by shareholders
(6) One share, one vote
(7)
(8) Special investment shares
43(1) Non par value shares
(2) Continued cooperative
44(1) Shares in series
(2) Series participation
(3) Restrictions on series
(4) Copy of resolution to Registrar
45(1) Pre-emptive right
(2) Limitation
46 Commissions
47(1) Charge on investment shares
(2) Enforcement
48(1) Constraints on shares
(2) Limitation of prohibition of investment shares
(3) Change or removal of constraint
(4) Revocation
49 Regulations
50 Validity of acts
51(1) Power to issue shares
(2) Liability of members and shareholders
(3) Consideration
(4) Consideration other than money
(5) Property
52 Requirements respecting distribution of surplus
53 Allocation of surplus
54 Computation of business done
55 Allocation of surplus to non-members
56 Use of return to non-members for memberships
57 Non-payment of small returns
58(1) Use of patronage return for shares
(2) Contents of by-law
59 Repurchase of shares
60 Compulsory loan of patronage returns
61 Effect of marketing plans
62 Community service cooperatives
63 Purchase of membership shares by cooperative
64(1) Redemption of investment shares
(2) Limitation
(3) Purchase or redemption of investment shares
65 Alternative investment share acquisition
66(1) Limitation on purchase or redemption
(2) Further limitations
67 Cancellation or resurrection of shares
68(1) Enforcement of contract to buy shares
(2) Right of claimant
69 Money owing a debt
70(1) Prohibited loans and guarantees
(2) Permitted loans and guarantees
(3) Enforceability
71 No personal liability
72(1) Lien on member's interest
(2) Charge on investment shares
73 Enforcement of liens and charges
74 Borrowing powers
75(1) Stated capital account
(2) Consideration for shares
(3) Exception for non arm's length transactions
(4) Limit on additions to a stated capital account
(5) Constraint on additions to a stated capital account
(6) Membership share inclusion
76(1) Other additions to stated capital account
(2) Transitional
(3) Transitional
(4) Continued cooperative
(5) Membership shares with a par value
77 Restriction
78 Retained earnings accounts
79(1) Reduction of capital
(2) Limitation on reductions
(3) Exception
(4) If several stated capital accounts
(5) Court order
(6) Limitation period
80(1) Adjustment of stated capital account
(2) If special resolution
(3) Class or series
(4) Stated capital of interconvertible shares
(5) Exception
(6) Conversion or change of investment shares
(7) Effect on number of unissued shares
81(1) Options and rights
(2) Conversion for members only
(3) Conditions
(4) Transferability
82 Reserves
83(1) Holding own shares
(2) Disposal of shares
84(1) Exception for holding own shares
(2) Holding own shares by way of security
85(1) Form of dividend
(2) Stated capital account
(3) Stated capital account
86 Limitation on paying dividends
87(1) Debt obligations
(2) Cancellation, etc.
88(1) Application of The Securities Act
(2) Application of sections 89 to 91
89(1) Offering statement
(2) Material changes
(3) Further offering statements
(4) Restraint on issue after material change
(5) Issue of receipts
(6) Ruling
(7) Exception
90(1) Cease trading order
(1.1) Notice of cease trading order
(2) Opportunity to be heard
91 Obligation to provide offering statement

Sections: 1 - 91 | 92 - 217 | 218 - 321 | 322 - 404

 

 
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