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as enacted by SM 1990-91, c. 1 on November 14, 1990.
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R.S.M. 1990, c. 20
The Canadian Lutheran World Relief Incorporation Act
WHEREAS the persons hereinafter named, together with other persons, were members of an unincorporated association known as "Canadian Lutheran World Relief" (hereinafter referred to as "the unincorporated association");
AND WHEREAS the members of the unincorporated association wished to create a corporation and the persons hereinafter named, by their petition, prayed that Canadian Lutheran World Relief should be incorporated: Dr. Otto Arthur Olson, Reverend Maynard Frank Pollex and John George Keil;
AND WHEREAS their prayer was granted, and resulted in the enactment of An Act to incorporate Canadian Lutheran World Relief, assented to May 11, 1965;
AND WHEREAS the Minister of Justice has caused the 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:
Canadian Lutheran World Relief (hereinafter referred to as "the corporation") is continued as a corporation consisting of those persons who are members of the corporation on the coming into force of this Act and such other persons as may become members.
The head office of the corporation shall be in The City of Winnipeg, in Manitoba, or at such place in Manitoba as may be determined from time to time by its board.
The purposes of the corporation are
(a) to serve as a charitable institution;
(b) to provide financial aid by way of grant, gift or loan, to persons in need;
(c) to assist in the settlement of immigrants to Canada, including providing financial aid by way of grant, gift or loan, to immigrants; and
(d) to perform all other functions normally and usually performed by a charitable institution.
The corporation may acquire by purchase, grant, donation, gift, devise, bequest, or otherwise, and may own, hold control, receive income from, improve, develop, manage, administer, and subject to any terms, provisions, or conditions, attached to any donation or gift of the property by the donor thereof, deal with property of every nature and description, whether real or personal, and wheresoever situate.
Any form of words are sufficient to constitute a donation or gift for the purposes of this Act if the donor indicates an intention to contribute presently or prospectively to the corporation.
The corporation is not obliged to accept any donation, gift, bequest or devise, that it does not wish to accept or that is subject to any term or condition that, in the opinion of the board, is contrary to the objects and purposes of the corporation.
The corporation may entrust to one or more trust companies the custody and management of all or any portion of the property at any time or from time to time received or held by it in such manner, and on such terms and conditions, as its board may deem proper and may enter into agreements with such trust companies with regard thereto.
The corporation may from time to time borrow from a chartered bank or from any corporation or person such sum of money as may be required for its purposes and give promissory notes or other evidence of debt in connection therewith and, if deemed necessary or expedient, may assign, mortgage, or pledge, any of its properties or assets to secure the repayment of any money borrowed.
The corporation may invest or re-invest all of its funds and moneys in any securities or investments in which a trustee may invest moneys under the provisions of The Trustee Act and in particular in mortgages or agreements for sale on the security of real or personal property.
No part of the income or assets of the corporation shall enure to the personal benefit of any member of the corporation by reason only of his membership therein.
The number and classification of members, the various classifications of members, the voting and other rights attached to each classification, and the conditions of membership, shall be fixed from time to time by the board of the corporation.
By-laws, rules and regulations
The board of the corporation may make such by-laws, rules, and regulations as it may deem necessary for the due carrying out of the purposes and objects of the corporation, and may repeal, amend, or re-enact any by-law, rule or regulation.
The affairs of the corporation shall be administered by a board consisting of members of the corporation as provided in its by-laws, rules and regulations.
Members, assets and debts of the corporation
On May 11, 1965
a) all property and assets that were vested in the unincorporated association were vested in the corporation;
b) all properties and assets that were held in trust for the unincorporated association were transferred to and vested in the corporation subject to any terms and conditions affecting the trust; and
c) all debts and liabilities of the unincorporated association became debts and liabilities of the the corporation and were charged against it.
Application of Corporations Act
Except in so far as they may be inconsistent with the provisions of this Act, all provisions of The Corporations Act that apply to a corporation incorporated under Part XXII of The Corporations Act apply to the corporation.
NOTE: This Act replaces S.M. 1965, c. 113.