Society Act, R.S.B.C. 1996, c. 433 Societies Act, S.B.C. 2015, c. 18

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1 * Section 1: Definitions s. 1 Section 2: Purposes ss. 2 (1) (2) and 4 (a) (d) Section 3: Procedure for incorporation ss Section 4: Effect of incorporation s. 6 Section 5: Liability of members s. 5 Section 6: Bylaws s. 11 (1) (2) Section 7: Voting ss. 67, 68 and 84 Section 8: No share capital s. 3 Section 9: Interest not transferable s. 67 (4) Section 10: Address for service ss. 18, 19 and 32 (a) Section 11: Location of records s. 22 Section 12: Service of documents s. 32 Section 13: Seal s. 9 (6) Section 14: Insurance purposes Section 14.1: Consent by commission Moved to FIA Moved to FIA Section 15: [repealed 2004] Section 16: Contracts See s. 6 Section 17: Amalgamation of societies ss Section 18: Branch societies * These materials provide general background information only, and are not intended as a substitute for legal advice. Fall 2015

2 Section 19: Incorporation of branch societies Section 20: Changes in constitution s. 15 Section 21: Effect of change of name s. 16 Section 22: Additional provisions of constitution See ss. 10(2) and 240 (2) (b) Section 23: Change in bylaws s. 17 Section 24: Directors ss. 40, 42 (1) (2), 47 (1), 51 and 52 Section 25: Duties of directors s. 53 (1) (3) Section 25.1: Proceedings of directors s. 54 Section 26: No exceptions from statutory duties s. 53 (4) Section 27: Disclosure of interests s. 56 Section 28: Accountability s. 57 Section 29: Validity of contracts s. 58 Section 30: Security and indemnity of officers and directors ss Section 31: Removal of directors s. 50 Section 32: Investment of society s funds s. 33 Section 33: Deposit accounts Section 34: Subsidiaries Section 35: Borrowing ss. 34 and 219

3 Section 35.1: Register of indebtedness Section 35.2: Preferential payment of wages and salary Section 36: Accounting records s. 20 (2) (c) Section 37: Inspection by members ss Section 38: Reporting society See ss. 237, 240 (2) (b) (iv) and 250 Section 39: Providing financial statements ss. 28, 39 and 250 Section 40: Approval by directors ss. 38 and 221 (1) (a) Section 41: Auditor ss Section 42: Professional qualifications s. 112 Section 43: Persons not qualified as auditors Section 44: Remuneration s. 113 Section 45: Incumbent auditor See s. 250 Section 46: Removal of auditor s. 115 Section 47: Annual audit ss. 116 (1) and 117 Section 48: Member may require auditor at meeting s. 119 Section 49: Inquiries of auditor s. 120 Section 50: Reading report Section 51: Amendment of financial statements and report s. 121

4 Section 52: Access to records s. 116 (2) Section 53: Powers of auditor Section 54: Right to attend s. 118 Section 55: Defamation s. 122 Section 56: Annual general meeting s. 71 Section 57: Place of meeting s. 76 Section 58: Requisition for general meeting s. 75 Section 59: Court may call s. 80 Section 60: Notice ss. 77 and 79 Section 61: Quorum s. 82 Section 62: Voting s. 84 (1) and (4) (a) Section 63: Proxies s. 85 Section 64: Financial statements s. 35 Section 65: Financial statements for reporting societies Section 66: Special resolutions Section 67: Other resolutions See s. 250 Section 68: Filing annual report s. 73 Section 69: Copies of constitution and bylaws Section 70: Register of members s. 27 (4) (b) s. 20 (1) (h)

5 Sections 71-73: [Repealed 2011] Section 74: Conversion to company s Also see BCA s Section 75: Extraprovincial society registration ss. 169 and 171 Section 76: Procedure for registration ss Section 77: Attorney for service ss. 170 Section 78: Return to registrar ss Section 79: Suspension and revocation of registration Section 80: Agents prohibited Section 81: Limitations on unregistered extraprovincial society Section 82: Application Section 83: Imperfect compliance See ss. 224 and 225 (3) Moved to Insurance Act s Section 84: Investigation of society s. 213 Section 85: Court may remedy irregularities s. 105 Section 86: Definition s. 201 Section 87: Application of Part See s. 208 Section 88: Registration See s. 202 Section 89: Effect of registration s. 204 (1) (2) Section 90: Injunction s. 205

6 Section 91: Cancellation by registrar ss Section 92: Other remedies not affected s. 204 (3) Section 93: [repealed 2011] Section 94: [repealed 2004] Section 94.1 Registrar has no obligation to ensure accuracy or compliance Section 95: Inspection and copies of documents Section 95.1 Remedies on denial of copies See BCA s. 408 (3) ss. 24, 27 and 28. Also see BCA s. 416 s. 107 Section 96: Appeals See BCA s. 406 Section 97: Hearings Not carried forward Section 98: Fees s. 212 Section 99: Power to make regulations ss Section 100: Application of Act Section 101: Lieutenant Governor in Council may cancel incorporation Section 102: Dissolutions and cancellations by registrar s Also see s. 182 ss. 180 and 214 Section 103: Dissolution by request s. 126 Section 104: Defunct extraprovincial society Section 105: Voluntary winding up requires special resolution s. 181 s. 127

7 Section 106: Solvency of society Section 107: Commencement of voluntary winding up s. 129 Section 108: Appointment of liquidator s. 128 Section 109: Winding up by court order s. 130 Section 110: Court may wind up society on application of member Section 111: Commencement of winding up by court order See s. 130 s. 132 Section 112: Court must appoint liquidator s. 131 Section 113: Qualifications of liquidator s. 133 Section 114: Resignation and removal of liquidator Section 115: Liquidator ceasing to act must file notice Section 116: Filling vacancy in office of liquidator Section 117: Remuneration of liquidator s. 136 s. 137 s. 138 s.131 (a) Section 118: Validity of acts of liquidator s. 134 Section 119: Filing and publication of notice of appointment Section 120: Effect of resolution or order for winding up s. 135 s. 140 Section 121: Meeting of creditors s. 141

8 Section 122: Creditor must commence action on claim s. 142 Section 123: Custody of property s. 143 Section 124: Powers of liquidator s. 144 Section 125: Society with insurance purposes Section 126: Sale of society for shares or debentures Moved to Insurance Act s Section 127: Powers of court s. 148 Section 128: Duty to assist liquidator s. 147 Section 129: Final meeting and dissolution Section 130: Dissolution on completion of winding up Section 131: Unclaimed or undistributed assets Section 132: Disposal of books and papers of society s. 149 s. 150 s. 145 s. 152 Section 133: Discharge by court order s. 151 Section 134: Disposal of assets ss. 124 and 199 Section 135: Liabilities survive s. 157 Section 136: Publication ss. 153 (2) and 184 Section 137: Restoration to register ss , and Section 138: Powers of court s. 162 (3) (4)

9 Section 139: Change of name on restoration Section 140: Filing and publication ss. 160 (2) (c), 162 (2) and 163 (3) ss. 162 (5), 166 (1) (d) and 189 (1) (d) Section 141: Escheat s. 165 (4) (5) Section 142: Offences s

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