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R.S.M. 1990, c. 104
The Mennonite Brethren Church of Manitoba Incorporation Act
|Table of Contents||Bilingual (PDF)|
WHEREAS the persons hereinafter named, by their petition, prayed that The Mennonite Brethren Church of Manitoba should be incorporated: Jacob P. Epp, of the Post Office of Steinbach in Manitoba, Minister of the Gospel; Abram A. DeFehr of North Kildonan in Manitoba, Carpenter; Herman Neufeld of Winnipeg in Manitoba, Publisher and Minister of the Gospel; Cornelius F. Klassen of Winnipeg in Manitoba, Collector; John A. Derksen of Newton Siding in Manitoba, Farmer; Abram A. Kroeker of Winkler Post Office in Manitoba, Farmer; John M. Elias of Winkler in Manitoba, Farmer; Jacob P. Riediger of Morden in Manitoba, Miller; and Jacob A. Kroeker of Winkler in Manitoba, Merchant;
AND WHEREAS their prayer was granted, and resulted in the enactment of An Act to incorporate "The Mennonite Brethren Church of Manitoba", assented to April 5, 1940;
AND WHEREAS the Minister of Justice has caused this Act to be prepared in English and French for re-enactment in accordance with a judgment dated June 13, 1985 and an order dated November 4, 1985 of the Supreme Court of Canada;
THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
The Mennonite Brethren Church of Manitoba, (hereinafter referred to as "the corporation") is continued as a corporation consisting of those persons who were members on the coming into force of this Act and such other persons as become members in accordance with the provisions hereof and the corporation's by-laws, rules and regulations.
The objects of the corporation are to promote, engage in and carry on the Christian religion and Christian worship and religious education, including, without limiting the generality of the foregoing, the communication of the Christian religion by the spoken, printed, or electronically recorded and broadcast word, the establishment and operation of schools, including the granting of appropriate diplomas and degrees, and the provision of health and social welfare programs, according to the religious belief of the members of the corporation.
For the benefit and in furtherance of the objects of the corporation, it may purchase, acquire, take, have, hold, exchange, receive, possess, inherit, retain and enjoy property, real or personal, corporeal or incorporeal whatsoever and for any or every estate or interest therein whatsoever given, granted, devised or bequeathed to it or appropriated, purchased or acquired by it in any manner or way whatsoever, and may also sell, convey, exchange, alienate, mortgage, lease, demise or otherwise dispose of any such real or personal property.
The corporation shall have full power to borrow money, to issue bonds, debentures or other securities; to pledge or sell such bonds, debentures or securities for such sum and at such price as may be deemed expedient or be necessary; to charge, hypothecate, mortgage or pledge any or all of the real or personal property, rights and powers, undertaking, franchises, including book debts of the corporation to secure any bonds, debentures or other securities or any liability of the corporation.
Save as hereinafter provided and subject to the by-laws of the corporation all property, real and personal, within this province belonging to or held in trust for or to use of The Mennonite Brethren Church of Manitoba, or belonging to any congregation thereof, or held in trust for or to the use of any corporation, board, committee or other body whether incorporated or unincorporated created by or under the government or control of or in connection with the said church, shall be vested in the corporation.
Subject to section 5, all property, real or personal, within this province belonging to or held by or in trust for or to the use of any congregation of the Mennonite Brethren Church shall, from and after April 5, 1940, be held, used and administered for the benefit of the same congregation as a part of the corporation: Provided that any property, real or personal, acquired by devise, bequest, transfer or gift in trust for any special use of any congregation shall be held, used and administered in accordance with the special trusts so declared in respect thereof not being contrary to law or to any by-law, rule or regulation of the corporation, and that in the event of failure or partial failure of any of the trusts, the property in the absence of any express provision for such event, may be held, used, administered or disposed of as may be provided by any by-law, rule or regulation made from time to time by the corporation.
The property held by or in trust for or to the use of any congregation of The Mennonite Brethren Church of Manitoba, shall remain liable for the payment or satisfaction of any debts or obligations contracted or incurred in respect thereto to the same extent as it would have been liable had this Act not been passed, and The Mennonite Brethren Church of Manitoba shall not be or become liable for the debts or obligations and save as aforesaid no property of The Mennonite Brethren Church of Manitoba shall be liable for any debts or obligations contracted or incurred by any congregation in connection or in communion with The Mennonite Brethren Church of Manitoba, but such congregation alone shall be and remain liable for the debts or obligations.
The power conferred upon The Mennonite Brethren Church of Manitoba by this Act to acquire by gift, devise or bequest any real or personal property shall not be limited or affected by any statute or statutes of mortmain in force in this province.
The property, affairs and concerns of the corporation shall be managed by and the business of the corporation shall be carried on by a board consisting of not fewer than five and not more than nine directors.
All legal documents shall be deemed to be properly signed if signed by two directors.
The board of directors shall have full power and authority to exercise all powers of the corporation but only in accordance with its by-laws, rules and regulations and in accordance with the provisions of this Act.
If any member of the corporation shall be expelled therefrom or retire or otherwise cease to be a member thereof, that member shall not have, take, withdraw from, grant, sell, transfer or convey or be entitled to any of the property of the corporation or any interest therein; and in the event of a member of the corporation dying or being expelled from membership in the corporation or retiring, or ceasing to be a member thereof, the personal representatives, heirs-at-law, legatees or devisees or grantees of such member, or any other person, firm or corporation claiming any interest whatsoever from or through such member, shall not be entitled to any of the property of the corporation or any interest therein, whether or not such member owned, possessed or had any interest in or to any of the property of the corporation at the time when such member became a member thereof or at any time before or after such person became a member thereof, and whether or not such member had given, granted, conveyed or transferred any property or interest in property at any time to the corporation.
If any member of the corporation refuses to obey and conform to the by-laws, rules and regulations of the corporation or refuses or neglects to do and perform the acts and things required of him by the by-laws, rules and regulations of the corporation, or refuses or neglects to attend and engage in the regular meetings, worship and religious services of the corporation, or abandons or quits membership of the corporation, such member may be expelled or dismissed from membership in the corporation upon a majority vote of the members of the corporation.
The head office of the corporation shall be in the City of Winnipeg, or such other place in Manitoba, as the board of directors may direct.
NOTE: This Act replaces S.M. 1940 (1st sess.), c. 90.