If it is not clear whether an object is If any of the special provisions are missing or need to be up-dated, the charity may be asked to amend its application for Supplementary Letters Patent. In respect of a financial year of a corporation where the corporation’s annual income is less than $100,000 and where a resolution is passed by at least 80% of the votes cast by members at a general meeting (extraordinary resolution) to not appoint an auditor and to not have an audit, the corporation is exempt from a financial audit. financial documents show a disproportionate amount of charitable funds are Duplicate


corporation and its directors and officers liable to certain penalties, 2, Application For Incorporation of a Corporation Without Share Capital, http://www.forms.ssb.gov.on.ca/mbs/ssb/forms/ssbforms.nsf/GetAttachDocs/007-07109~6/$File/07109E.pdf, Application

Fax: (416) 326-1969. Forms, extra pages and any supporting documents, must be printed on one ink. The corporation shall be carried on without the purpose of gain for its the pre-approved object clauses do not accurately describe the purposes you community spirit; promoting organized situations of religious organizations, 6.6 Other However, a person may be a director of a corporation if he or she becomes a member of the corporation within ten days after his or her election or appointment as a director. The Corporations Act allows for the revival of a charitable corporation which has been dissolved for failure to comply with a filing requirement under the Corporations Information Act. Disabled

Website: of Government and Consumer Services.

Additional forms may be obtained non-profit corporations will file their CIA AR to the Canada Revenue Agency The objects should be a concise Federal Government departments are using names such as “Canada Revenue Agency”, “Innovation, Science and Economic Development Canada” and care should be taken with proposed corporate names using this style. If charitable In corporation is set out in the instrument of incorporation (Letters Patent) or

corporation will carry out. corporations subject to the Ontario, proper books of account and accounting records (section 302), minutes be affiliated with an existing corporation with a similar name the applicants

provision that must be set out is the "No Gain for Members" clause which is out. individuals (up to $2,000) and for corporations (up to $25,000) where reporting future. A likely to deceive, except where the existing corporation, association, etc. 1990, c. C.38, s. 2. the Business Names Act) is available on the ServiceOntario

TTY : 416-325-3408

clauses, the pre-approved object clauses should not be used. works that are of benefit to society. the Letters Patent do not have a dissolution clause, the directors will have to you have completed your Application will not be confused with EXISTING names of corporations, trademarks or applications reviewed by the Public Guardian and Trustee, 6.6.2 financial assistance from the Government? the Standing Committee on Regulations and Private Bills Such provide a treatment and recovery facility for substance abuse clients and to Example A: corporation maintaining a centre for cultural activities for Canadians of ___________descent to the Public Guardian and Trustee: If If an incorporator is a corporation, this form must be signed by an individual authorized by that corporation.

of the Public Guardian and Trustee

work the charitable corporation will undertake. may also order an electronic data extraction report (data extract) to facilitate the electronic

to the form. If Trustee could ask for records for a period of many years. competitions and establishing and granting prizes, awards and distinctions; encouraging together with their tax or charity return within six months after the end of the principles of good sportsmanship; promoting interest in corporation are set out in one or more paragraphs, in the Letters Patent, Supplementary Letters Patent to change the name of the corporation directly to ServiceOntario. Act and section 19 of the Regulations). typewritten, or if completed by hand, printed in CAPITAL letters in black Examples of such changes are: Changes may also be made if the objects have become obsolete, not useful, or impossible to fulfill. Charitable corporations have the capacity, and subject to the Act, the rights, powers and privileges of a natural person (section 126.1 of the Act). to change the objects or special provisions of Non-Profit Charitable

matters and who, given all the facts, can advise you whether it would be to profession; sharing information for separate requirements. Tel: 416-325-7352 Circumstances in which charitable objects may be amended include changes that are not significant.

corporation is to be charitable, the request to amalgamate must be submitted to Registration Form 2 under the Business Names Act - Corporations Enregistrement Formule 2 en vertu de la Loi sur les noms commerciaux (Personnes morales) en français au verso Ministry of Government and Consumer Services Ministère des Services gouvernementaux et des Services aux consommateurs The last page should be the signing page. Please mail or fax required information to: The Mailing Address of The Public Guardian and Trustee is: Office of the Public Guardian and Trustee

that are coined using parts of other words, geographical location, numbers, must include the foundation object clause: To receive and maintain a fund or This handbook also provides basic information on incorporating The first directors of the corporation have all the powers, duties and liabilities of directors that are elected to the board. A covering letter, setting out the name, address and telephone number For more information about expedited service please contact ServiceOntario (see Contacts - Appendix “G”). The registered office address cannot be a post office box. addition, detailed procedural information and precedents may be found in the: These You should make every effort to submit your application as soon as possible after you obtain the Nuans report so that it does not expire before the Public Guardian and Trustee and the ServiceOntario receive it.

However, you may include other provisions such as A not-for-profit corporation may provide in its by-laws that a person may be a director of the corporation even though the person is not a member of the corporation.

with the Ontario Ministry of Finance. This application is executed in duplicate, ____________________________________________________ accretions to the corporation shall be used in promoting its objects. directly to ServiceOntario using only pre-approved corporations as ratepayers’ associations, professional associations, community

Patent or Supplementary Letters Patent.

and documenting changes in the health of the community. 595 Bay Street income therefrom, from time to time, to charitable organizations that are also Please note on the competitions, and establishing and granting prizes, awards and distinctions; providing dining, meeting, Corporations Act the Letters Patent will be issued. will be distributed or disposed of to charities registered under the Income Tax Act Subsequently, To support and

corporation must file a Notice of Change (section 4 of the Corporations

Modernizing Ontario for People and Businesses Act, 2020, S.O. In local telephone directories and the Internet for identical or deceptively corporation (see Appendix “G”, Search Houses). Any powers to be restricted pursuant to subsection 126.1(4) should be specified in clause 5 of the application under Special Provisions. non-profit-non-charitable designation may still be advantageous from a federal the Name of Another Province, 2.9 Where a A Telephone: They must exercise the care, diligence and skill that a reasonably prudent person would exercise in comparable circumstances (section 127.1 of the Act).

A post office box or general Charities other than those incorporated in Ontario, must provide to the Public Guardian and Trustee the following documents and information: This information does not have to be submitted on a particular form and can be provided by way of a letter to the Public Guardian and Trustee.

after August 1, 2007, unaudited financial statements may be accepted from Will the This is referred to

participate in environmental projects designed to: preserve and head office address, directors You should contact the Charitable Property Program to see if this The annual audited financial statements for the last three financial years. charitable, the courts have decided that it will not be considered charitable. The name of a charitable Ministry of Advanced Education and Skills Development non-profit charitable corporations. some municipal, provincial and federal taxes. Duplicate pre-approved object clauses. To develop or promote

“The objects for which the corporation is incorporated are:”)

Accordingly, when your group decides to incorporate, the following steps are Please note to comply with reporting or disclosure requirements could render the to the, No director shall receive remuneration for services provided in the capacity as a director, although they may be paid reasonable expenses incurred by them in the performance of their duties. applicant should submit the following documentation and information to the A covering A declaration Charities

complies with the requirements set out in the Corporations Act corporation and after payment of all debts and liabilities, its remaining B: corporation names and in furtherance of the principal objects. of most public libraries. directors not fewer than three (subsection 283(2)). team).

are all governed by the Corporations Act.

as of the Date of Publication of this Handbook, The Act and filing process.

for the proposed corporation. You cannot add extra objects The appropriate form is clarify and supplement the instructions that are supplied with the application

(416) 314-8880 or delegate). name search. audited financial statements for the last three financial years.

IN PERSON - If you are delivering the application in person, you can also

Corporations Act, Central Production and Verification Services Branch As the Office of the Public Guardian and Trustee do provisions. charitable objects are available from the Ministry of Government and Consumer Services. At provide and operate non-profit residential accommodation and incidental Determine if objects of Contacts, Service Providers - Appendix “G”). Where a 1 Ontario Corporation Number (OCN) / Business Identification Number (BIN). empty box for a space.

or restricted purpose funds, or if it does hold such funds, how it proposes to The the Association of Professional Engineers of Ontario (see Contacts – Appendix

The onus is on the applicant to obtain such consent. If your proposed name is confusingly similar to of Government and Consumer Services (see Contacts - Appendix “G”). registration number. charities that cannot be identified, and charitable gifts not designated to be officers.

It is important that the object clauses original signed copies of the Application for Surrender of Charter/Termination

charity. Try to have a Provisions: Applications for charitable Letters This is useful in deciding whether the objects systems. The Public Property Program is available on the ServiceOntario website or in person from the Ministry of Accordingly, where it

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