Written by Reed Boothby
JD Candidate 2023 | UCalgary Law On May 31, 2022, amendments to the Alberta Business Corporations Act (“ABCA”)[1] came into force. In line with Alberta’s Recovery Plan, the intention underlying the amendments is to attract investment and make Alberta a more appealing jurisdiction for incorporation. Three key benefits as a result of these amendments include: (1) streamlined administrative processes; (2) enhanced director and officer protections; and (3) corporate opportunity waivers.
Conclusion: The recent amendments to the ABCA make Alberta a more attractive jurisdiction in which to incorporate and operate a business by: (1) streamlining administrative processes; (2) enhancing director and officer protections; and (3) introducing a corporate opportunity waiver. Note that a corporation's constating documents may require amendments to implement some of the changes outlined in this post. For assistance with amending constating documents, or for further information about the ABCA generally, please contact the BLG Business Venture Clinic. [1] Business Corporations Act (Alberta), RSA 2000, c B-9. [ABCA] [2] ABCA, s. 139. [3] ABCA, s. 141. [4] ABCA, s. 1(w). [5] ABCA, s. 1 (ii). [6] “non-reporting issuer” means a private corporation that is not required to file continuous disclosure documents pursuant to National Instrument 51-102 – Continuous Disclosure Obligations (NI 51-102). [7] ABCA, s. 141(2.1). [8] ABCA, s.134(1.1). [9] ABCA, s. 48(7.1) [10] ABCA, s. 158(1). [11] ABCA, s. 255(5). [12] ABCA, s. 208(1). [13] ABCA, s. 123(3)(b). [14] ABCA, s.124. [15] ABCA, s. 16.1.
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