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2005 Legislative Session: 6th Session, 37th Parliament

FIRST READING

The following electronic version is for informational

purposes only.

The printed version remains the official version.

MR. HAROLD LONG

BILL Pr 405 – 2005

THE JOHN HUSSEY FOUNDATION

(CORPORATE RESTORATION) ACT, 2005

Contents

Section

Definitions

Society restored

Society continued

Rights

Commencement

WHEREAS Gordon Hussey, of the City of Burnaby, Montague Hussey, of the City of Delta and Stanley Hussey of the City of Coquitlam, in the Province of British Columbia, have by their petition represented

(

a) that The John Hussey Foundation (the "Society") was incorporated in British Columbia on August 21, 1986 under Certificate of Incorporation No. S – 0021260 issued under the Society Act , R.S.B.C. 1979, c. 390, in effect as at that date,

(

b) that a notice was published in the British Columbia Gazette on February 9, 1990 under the Society Act , R.S.B.C. 1979, c. 390, stating that the Society would be struck off the Register of Companies and dissolved unless, within one month after publication of the notice, cause was shown to the contrary,

(

c) that the Society was struck off the Register of Companies on March 16, 1990,

(

d) that a notice was published in the British Columbia Gazette on April 5, 1990 stating that the Society was struck off the Register of Companies and dissolved on March 16, 1990,

(

e) that, despite the notice referred to in paragraph (d), the Society, having no knowledge of the publication of that notice, continued to carry on the affairs of the Society as if it had not been dissolved,

(

f) that it will not be possible to continue carrying on the affairs of the Society unless the Society is revived, and

(

g) that, despite the repeal of the Company Act , R.S.B.C. 1996, c. 62,

Part 9 of that Act continues to apply to the Society under

section 71 of the Society Act , R.S.B.C. 1996, c. 433, and since there is no provision in that Part for the revival of a society more than 10 years after it has been dissolved, the Society cannot be revived except by a special Act of the Legislature of British Columbia.

AND

WHEREAS Gordon Hussey, Montague Hussey and Stanley Hussey have by their petition requested that it be enacted as follows, and it is expedient to grant the request in the petition;

NOW, THEREFORE, HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Definitions

1 In this Act:

"Register" means the Register of Companies;

"Registrar" means the Registrar of Companies;

"Society" means The John Hussey Foundation (Incorporation Number S – 0021260).

Society restored

2 The Society is restored to the Register, under the corporate name of The John Hussey Foundation, commencing on the date that a copy of this Act, certified by the Law Clerk of the Legislative Assembly, is filed with the Registrar.

Society continued

3 On its restoration, the Society is deemed to have continued in existence as if it had never been struck off the Register.

Rights

4 Nothing in sections 2 and 3 prejudices the rights of any person that were acquired before the date on which the Society is restored to the Register.

Commencement

5 This Act comes into force on Royal Assent.

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© 2005: Queen's Printer, Victoria, British Columbia, Canada