Under the Corporations Act, an organization does not have to restrict its activities in the Articles of Incorporation (without share capital). This guide is intended to serve as a guideline to the drafting of a new MOI as required by the Act (read together with the Companies Amendment Act and ... its MOI from the effective date to expressly state that it is a “NPC” and to change its name accordingly. Federal incorporation. An applicant that wants to register as a charity should ensure that the act, or section of the act, under which it chooses to incorporate is suitable for a non-profit organization. 2.4 The alterable provisions of the 2008 Act which apply to non-profit companies, do not govern this Company, except to the extent that those alterable provisions are included in any provision of this Memorandum of Incorporation, whether expressly or by necessary implication. Since charities must operate on a not-for-profit basis, incorporation under statutes designed for businesses that intend to earn profits (such as business corporation acts, companies acts, and co-operative acts) is generally inappropriate. (Registration number 1997/08995/08) which is referred to in the rest of this Memorandum of Incorporation as. ISASA has drawn up a pro forma Memorandum of Incorporation (Board Constitution) that NPC schools can use to amend their existing Memorandum in line with the Companies Act. Applicants wanting to be registered as a charitable organization, a public foundation, or a private foundation may incorporate. <> 9 0 obj All states in the U.S. have available online registration systems … Articles of association. endobj Adoption of Memorandum of Incorporation. MEMORANDUM OF INCORPORATION of THE TEDDY BEAR CLINIC FOR ABUSED CHILDREN NPC a Non-Profit Company Registration Number: 2003/000306/08 Registration Date: 10 December 2003 ("the Company") 2 TABLE OF CONTENTS Clause Page Insurance Institute of South Africa NPC Memorandum of Incorporation April 2013 2.17 In this Memorandum any references to the role or office of the Chairperson or Chairperson-elect, as referred to in the Act, shall be construed as references to the role and office of the President and Deputy President, respectively of the Company; An organization incorporating under the Corporations Act must list its charitable purposes under article 4 of the Articles of Incorporation (without share capital), if it intends to register as a charity. MEMORANDUM OF INCORPORATION of SILVER STONE HOME OWNERS ASSOCIATION (NPC) Registration Number: 2005/015613/08 (which is referred to in the rest of this Memorandum of Incorporation as “the Company”) A) OBJECTS AND POWERS OF THE COMPANY: The Company is a Non-Profit Company with members, with the following objects: 1. The Memorandum of Incorporation is defined as a document that sets out the rights, duties and responsibilities of shareholders, directors and others within a company, and by which a company is incorporated in the Act or a pre-existing company was structured before the date that the Act comes … Many organizations choose to incorporate because it provides limited liability to its members. You cannot update the memorandum once the company has been registered. Nova Scotia Incorporation $199 plus Govt fees. This MOI was proposed by the Board, and adopted by a Special Resolution of the Full Members. For federal incorporation under the Canada Not-for-profit Corporations Act (NFP Act), visit the Innovation, Science and Economic Development Canada website. These applications will be treated as incomplete and returned to the applicant. This Memorandum of Incorporation is in a form unique to the Company, as contemplated in section 13(1)(a)(ii) of the Act. Try FREE Demo Purchase Credits Create an MOI. Once approved, the OPGT will forward the application to the Ministry of Government Services of Ontario, which will then stamp the application and return it to the organization. endstream endobj MEMORANDUM OF INCORPORATION OF THE WBHOA NPC. endobj You can either: An organization applying for charitable registration should ensure that any additional provisions in its governing document (for example, a dissolution clause) are alterable. Please consult the Not-for-Profit Incorporator's Handbook for details. You will not receive a reply. A Memorandum of Incorporation is a document that spells out the rights, responsibilities, and duties of the directors, shareholders and other important personalities in a particular organisation. For federal incorporation under the Canada Not-for-profit Corporations Act (NFP Act), visit the Innovation, Science and Economic Development Canada website. <> endobj MEMORANDUM OF INCORPORATION OF THE WBHOA NPC (Registration number 1997/08995/08) which is referred to in the rest of this Memorandum of Incorporation as “The Company”. The Not-for-Profit Incorporator's Handbook on the Ministry of the Attorney General's website provides detailed guidelines on incorporating or changing the incorporation documents of a charity under the Ontario Corporations Act. x��]mo�8� �A�ˆ/�(`�@�z=\z�m�b?8����9۹�����$7uH��9� To operate as a charity in Ontario, a corporation must meet the general requirements for not-for-profit corporations as well as other requirements. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 595.32 841.92] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> 5 0 obj <> Some other advantages to incorporating an organization include: In Canada, an organization can be incorporated under federal, provincial, or territorial statutes. 100% coverage of the Companies Act. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/Annots[ 13 0 R 17 0 R 21 0 R 22 0 R 24 0 R 26 0 R 28 0 R 32 0 R 33 0 R 35 0 R 37 0 R 40 0 R 43 0 R 44 0 R 54 0 R 61 0 R 64 0 R 65 0 R 66 0 R 68 0 R 70 0 R 71 0 R 73 0 R 74 0 R 75 0 R 77 0 R 78 0 R] /MediaBox[ 0 0 595.32 841.92] /Contents 12 0 R/Group<>/Tabs/S/StructParents 1>> In particular we recommend you go to: Creating a Not-for-profit corporation; Instructions for Form 4001 – Articles of Incorporation The memorandum must be signed by each subscriber in the presence of at least one witness, who must attest the signature. Sample: Articles of Association for a Public Non-Profit Company with Share Capital (PDF, 304 KB) Memorandum of Association for Non-Profit Company Limited by Guarantee (PDF, 279 KB) Memorandum of Association for Non-Profit Company with Share Capital (PDF, 280 KB) Notice of Address for a Non-Profit Company (PDF, 274 KB) R50 for electronic name reservation. Memorandum of Incorporation. contents clause page 1. interpretation 1 2. conflicts with the moi 4 3. incorporation and nature of the company 4 4. company with no members 4 5. object and policies 4 6. income and property of the company 5 7. status as public benefit organisation 6 8. winding-up/liquidation 6 9. limitation of liability 7 10. special conditions 7 11. amendment of the moi 7 12. company rules 8 In particular we recommend you go to: A registered charity incorporated as a federal non-profit corporation can operate under its registered corporate name within any Canadian province or territory, subject to any provincial or territorial requirements. A registered charity incorporated as a provincial or territorial non-profit corporation can operate under its registered name within a province or territory. The main object of The Company is to promote, advance and protect the communal interests of the members, occupiers and visitors to the Resort II erven, and in particular in so promoting such communal interest to ensure acceptable … <> The Non-profit Corporations Act does not require an organization to provide a list of its purposes, but it does allow an organization, under article 6 or 7 of the Articles of Incorporation, to list restrictions on its activities. 12 0 obj 11 0 obj 1.1 In this Memorandum of Incorporation: (1) a reference to a section by number refers to the corresponding section of the Act; (2) words that are defined in the Act bear the same meaning in this Memorandum of Incorporation as in that Act; (3) the headings to the clauses of this Memorandum of Incorporation are for reference (2) The authority of the Company’s Board of Directors to make rules for the Company, as … 6 0 obj For more information, please see our Frequently asked questions. The Section 10, Non-Profit Company (NPC) in terms of the new 2008 Companies Act 9”the new Act”) is the successor to the old “Section 21” company under the 1973 Act, which was also known as the incorporated association not for gain. 8 0 obj The MOI sets out the rules governing the conduct of the company, as specified by its owners. endobj endobj endobj The Charities Directorate views these terms as having the same meaning. A guideline document accompanies the pro forma. For provincial or territorial incorporation, see Provincial and territorial government information for charities. Utilize Online Registration Services. The Charities Directorate will not review applications submitted with draft governing documents. An applicant should be aware that some provinces have incorporation provisions or incorporation guidelines that may be problematic for an organization applying for registration as a charity with the CRA. Instead, an organization should provide its own charitable objects in the Application to Form a Society (see Charitable purposes link below). <> This will allow for changes to provisions that may be unacceptable for the purpose of applying for registration as a charity with the CRA. To do this, the organization must submit an Application for Supplementary Letters Patentto the Office of the Public Guardian and Trustee (OPGT) for its approval. The Memorandum of Incorporation replaces the previous Articles and Memorandum of Association. For enquiries, contact us. When incorporated, an organization becomes a separate legal entity (a corporation) and the corporation (not the members) is generally liable for the organization's debts and obligations. 1 Constitution and Memorandum of Incorporation of: The National Association of Building Inspectors of South Africa NPC Incorporated as a non-profit company, as defined in the Companies Act, 2008, and registered with the Companies and Intellectual Property Commission (CIPC) <> The Companies Act sets out a special set of fundamental rules for NPCs in Schedule 4, which must be incorporated in the MOI and … <> An MOI contains fundamental conditions in which a registered company would be permitted to operate or carry out its activities. The templates are working documents for each entity that can be customised according to your clients’ requirements for the preparation of their Memorandum of Incorporation. A Memorandum of Incorporation (MOI) can be described as the shareholders ‘control document’ that defines the company’s authority levels as well as the respective roles and rights of shareholders and directors as well as any other positions within a company. An organization incorporating under the Corporations Act must identify its charitable purposes under article 5, if it intends to register as a charity. For incorporated organizations (examples include organizations established by letters patent, a memorandum of association, an application to form a society), certified means that the documents have an effective date and are stamped or signed by the appropriate incorporating authority. To submit a complete application, you must include certified governing documents. MEMOMNDUM OF INCORPORATION WIERDA GLEN ESTATE HOME OWNERS ASSOCIATION (NPC), registration no. 10 0 obj Introduction – from s21 to NPC. 2.3.2 The provisions of this Memorandum of Incorporation. %���� While provincial statutes discussed below refer to an organization's objects, others refer to an organization's purposes. Under the Societies Act, the Application to Form a Society lists a number of objects from which an organization can choose. stream 1 0 obj endobj x���]O�0��#�?�K{RO}�m !A�Ӏm�4mhl*� ����Vl��ɩ�I��u�s^�x��| [[���������|9��#��awo��F�*��� �& 7����m�;k��*���)���0�Bav��N,n�а�����m��o0{�6�y�m�����Čj#�jG�r0�f�3�`Zc���`����/�O����`�b��`A#�pEf.���p%f.�1Te1b.�X�:2���5��#cN�^E����9���Qב1' ���O\�_+ߑ��1ٱ�/mnq*GV|�N�ȑ'����O�(wA�U��I�։$'&������P����(w>]u~0 H�ʢq}�^2�̕͹��� <> Use Online MOI to make sure every aspect of the Companies Act is covered … Innovation, Science and Economic Development Canada, Instructions for Form 4001 – Articles of Incorporation, Instructions for Form 4002 – Initial Registered Office Address and First Board of Directors, Requirements for Soliciting Corporations under the Canada Not-for-profit Corporations Act (NFP Act), Provincial and territorial government information for charities, Ministry of the Attorney General's website, continuity of the organization is assured while the membership changes. Name of company: THE INSTITUTE OF DIRECTORS IN SOUTH AFRICA NPC referred to in this Memorandum of Incorporation as “the IoDSA” Registration No. : 2008/017776/08 This MOI was adopted by Special Resolution passed on 28 May 2019 in substitution for the existing memorandum of incorporation of the Company. MEMORANDUM OF INCORPORATION OF COMENSA NPC REGISTRATION NUMBER 2005/017895/08 Adoption of Memorandum of Incorporation WHEREAS the Company was incorporated as an Association Incorporated under Section 21 of the Companies Act, 61 of 1973, being a company not having a … This MOI is in a form unique to the Company, as contemplated in section 13(1)(a)(ii). Articles of Association to a Memorandum of Incorporation (MOI). 2 0 obj Here are details of the templates available: Private Companies (including amendments for personal liability companies) 7 0 obj R475 – Memorandum of Incorporation (Subject to allowed reduction) for customised non-profit company with members (CoR 15.1D) or without members (CoR 15.1E). C ���U�(�N��8����c'�is��g��6����W�l1l�%�s�`�#�'�*���u�aW�es(�⣭�h��lν/)��9,�ii�vJ��:��.��dCS�Q�:�� An organization that is currently incorporated under the Corporations Act may be required to amend its objects if it intends to register as a charity. 1985/002734/08 This Memorandum of Incorporation was adopted by Special Resolution passed on 19 June 2019 in substitution of the existing Memorandum of Incorporation of the IoDSA. The effective date of a certificate of incorporation, amalgamation, continuance or amendment is the date on which Corporations Canada receives your completed application, or any later date you request. OnlineMOI Share Block Company is a Memorandum of Incorporation for a private limited Company with multiple shareholders and multiple directors, to cater for a company that operates a Share Block Scheme in accordance with the Share Blocks Control Act, Property Timesharing Control Act, Sectional Titles Act, Rent Control Act and the Companies Act. 4 0 obj If you register by post, use the memorandum of association template. endobj For more information, go to Application review process. 2000/001400/08 (the "Association") is a non - profit Association, comprised of seven director(s) (not less than five), holds no share capital and has MEMBERS who register as contemplated in section 24(4) of the Companies Act 71 of 2008 and is referred to in the rest of this Memorandum of … %PDF-1.7 �Mu��?/����z�u�o*׳�Mפ�*��rr����[O����M��w:��^ڡ��!��溳Z_�0��nR�)����cG[V�|!��̍ۻ�Yܔ�t~wy��.a�[��r��\R�=x}'���_��6����x��V��ֱ���$�;�>��.��o`\^��Ã�8���q�Exj�歲�W��E�����nt:�?�h� Incorporation and Nature of the Company. ��e��p8|f8CR����v:�$?�t~��Lg_��������W_��Oӻy=�̗����� ^�k5��V?���z�:���I�2�gL��,�˜I��Y)�Uuz��_���������;��e*��==����'�`�P�ɴ�d���\$wk���ξ3����'�O.ߥgrr��l��g��c�'��35y /���\V��*-&�TMj����G�Y�\4��w�p�}���S^Nf陶���|� ����M� Ԑ��\����-4�ӓÛ/x�T�����mc���TY0ib���5����. An organization incorporating under the Societies Act should refrain from using these listed objects if it intends to register as a charity. MEMORANDUM OF INCORPORATION FOR A NON-PROFIT COMPANY Name of company: SAVINGS AND INVESTMENT ASSOCIATION – SOUTH AFRICA NPC The shortened name of the Company is: ASISA Registration No. Each such NPC has two years within which to bring its Memorandum of Incorporation into line with the new requirements. … ��x}*�ˠ�]bW�\4�ј�U0�X����BQ��F endobj Examples are given below. The Company is a Non-Profit Company, with members, as defined in the Companies Act. FREE personalized company minute book and Lifetime corporate maintenance. Memorandum of Incorporation (MoI) The most important document governing a company is the Memorandum of Incorporation (MOI). Neither the short nor the long standard form of Memorandum of Incorporation for a Non Profit Company, shall apply to the Company. Some of the purposes provided by the Registraire des entreprises that are considered acceptable for non-profit incorporation are not considered charitable at law and therefore should not be included as purposes of an organization applying for charitable registration. To be registered as a charity with the CRA, an organization must have charitable purposes. <> The main object of The Company is to promote, advance and protect the communal interests of the members, occupiers and visitors to the Resort II R175 – Memorandum of Incorporation (Subject to allowed reduction) for standard non-profit company (CoR 15.1C). stream This Memorandum of Incorporation was adopted by the incorporators of the Company, in accordance with section 13 (1), as evidenced by the following signatures made by each of them, or on their behalf (only required in the case of new company registrations): Name and address of incorporator Identity or Registration # Signature Date 3 0 obj endobj MFA NPC Memorandum of Incorporation 16/01/2020 4 1.1.13 “Exco” means the executive committee appointed by Members and approved by the Board to manage the day to day operations of the Company; 1.1.14 "file", when used as a verb, means to deliver a document to the Commission in the manner and form, if any, prescribed for that document; Therefore, an organization should list its specific charitable purposes under article 6 or 7. <>/Metadata 2190 0 R/ViewerPreferences 2191 0 R>> Nova Scotia Online Incorporation service in Only 3 Days. 1.3 Memorandum of Incorporation and Company rules (1) This Memorandum of Incorporation of the Company may be altered or amended only in the manner set out in section 16, 17 or 152 (6) (b). 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