Bill 40 — The Business Names Registration Amendment, Corporations Amendment and Partnership Amendment Act (37th Legislature, 1st Session)

Bill 40 (37-1)

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Home → Legislative Business → Bills → 37-1

Status of bills in this Session.

First Session, Thirty-Seventh Legislature

This version is based on the printed bill that was distributed in the Legislature after First Reading.

It is not the official version. If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications .

Bill 40

THE BUSINESS NAMES REGISTRATION AMENDMENT, CORPORATIONS AMENDMENT AND PARTNERSHIP AMENDMENT ACT

Explanatory Note

(Assented to )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

PART 1

THE BUSINESS NAMES REGISTRATION ACT

C.C.S.M. c. B110 amended

The Business Names Registration Act is amended by this Part.

Subsection 3(3) is repealed and the following is substituted:

Publication of registration

3(3)

The Director shall publish a notice of the registration in the manner set out in the regulations.

3(1)

Subsection 4(1) is amended in the part after clause (

d) by striking out everything after " as the case may be ".

3(2)

The following is added after subsection 4(1):

Publication of notice of registration

4(1.1)

The Director shall publish a notice of the registration in the manner set out in the regulations.

3(3)

Subsections 4(2) and (3) are repealed and the following is substituted:

Change in business or firm name

4(2)

Within 30 days after a change in a business or firm name registered under this Act, a notice of the change shall be registered with the Director in the prescribed form.

Publication of notice of registration

4(2.1)

The Director shall publish a notice of the registration in the manner set out in the regulations.

Dissolution of partnership

4(3)

Within 30 days after a partnership is dissolved, at least one of the persons who were partners as of the date of dissolution shall execute and register with the Director a declaration certifying the dissolution.

Publication of notice of registration

4(3.1)

The Director shall publish a notice of the registration in the manner set out in the regulations.

Subsection 7(2) is repealed.

Subsection 8(1) is repealed and the following is substituted:

Dissolution of limited partnership

8(1)

Within 30 days after a limited partnership is dissolved, at least one of the persons who were partners as of the date of dissolution shall execute and register with the Director a declaration certifying the dissolution.

Publication of notice of registration

8(1.1)

The Director shall publish a notice of the registration in the manner set out in the regulations.

Section 18 is amended by adding the following after clause (f):

(

g) respecting the publication of any notice required to be published by a provision of this Act.

PART 2

THE CORPORATIONS ACT

C.C.S.M. c. C225 amended

The Corporations Act is amended by this Part.

Subsection 13(1) is amended by striking out everything after " and shall " and substituting " publish a notice of the change of name in the manner set out in the regulations. "

Subsection 20(8) is repealed and the following is substituted:

Publication of order

20(8)

The Director shall, in the manner set out in the regulations, publish notice of every order made under this section.

Subsection 174.1(7) is amended by striking out everything after " shall " and substituting " publish a notice of the change in the manner set out in the regulations. "

Subsection 189(7) is repealed.

The following is added after

section 189:

Publication of notice of certificate of registration

189.1

The Director shall, in the manner set out in the regulations, publish notice of every

(

a) issuance of a certificate of registration under this Part;

(

b) cancellation of a certificate or supplementary certificate of registration; and

(

c) restoration of a cancelled certificate or supplementary certificate of registration.

Subsection 205(2) is amended

(

b) by repealing clause (

b) and substituting the following:

(

b) published, in the manner set out in the regulations, a notice of the decision to dissolve the corporation.

Clause 206(4)(

b) is amended by striking out everything after " intent to dissolve " and substituting " in the prescribed form and publish a notice of the order in the manner set out in the regulations. "

Subsection 254(1) is amended by adding the following after clause (c):

(c.1) respecting the publication of any notice required to be published by a provision of this Act;

Subclause 255(2)(b)(iv) is repealed and the following is substituted:

(iv) publish a notice of the issuance and date of the certificate in the manner set out in the regulations.

Subsection 258(3) is amended by striking out everything after " shall " and substituting " publish a notice of the correction in the manner set out in the regulations. "

PART 3

THE PARTNERSHIP ACT

C.C.S.M. c. P30 amended

Subsection 39(2) of The Partnership Act is amended by striking out " in the Manitoba Gazette. " and substituting " as required by

section 4 of that Act. "

PART 4

COMING INTO FORCE

Coming into force

This Act comes into force on a day fixed by proclamation.

Explanatory Note

This Bill amends a number of publication requirements in three Acts. The existing provisions require the Director of the Companies Office to publish certain notices in The Manitoba Gazette . The Bill removes those references to the Gazette and enables the Lieutenant Governor in Council (Cabinet) to make regulations specifying how the Director is to publish the notices.

Document details

Collection	Manitoba — Bills
Citation	Bill 40 (37-1)
Type	bill
Volume / chapter	37 1 b040e.php
Language	en
Format	html
Source	PROVINCIAL
Identifier	ed1f55ee214e869b9829f79a8ed38a38c7a7ae0b

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