See section 13(1) and section 16
| (1) |
If the incorporators of a company elect to use a standard form Memorandum of Incorporation, as contemplated in section 13 (1)(a)(i), to incorporate— |
| (a) |
a private company, that Memorandum of Incorporation may be in either the 'short form' CoR 15.1A, or the 'long form' CoR 15.1B; |
| (b) |
a profit company other than a private company, that Memorandum of Incorporation must be in Form CoR 15.1B; or |
| (c) |
a non-profit company— |
| (i) |
without members, that Memorandum of Incorporation may be in either the 'short form' CoR 15.1C, or the 'long form' CoR 15.1D; or |
| (ii) |
with members, that Memorandum of Incorporation must be in Form CoR15.1E. |
| (2) |
At any time after the incorporation of a company using Form CoR 15.1A in the case of a profit company, or CoR 15.1C in the case of a non-profit company, the company may substitute its Memorandum of Incorporation with a Memorandum of Incorporation in the Form CoR 15.1B, or 15.1D, respectively, by filing— |
| (a) |
a Notice of Amendment in Form CoR 15.2; |
| (b) |
a copy of the completed Memorandum of Incorporation in Form CoR 15.1B or CoR 15.1D, as applicable; and |
| (c) |
a copy of a special resolution of the company approving the new form of Memorandum of Incorporation |
together with the appropriate filing fee, as set out in Table CR 2B.
| (3) |
Within 10 business days after an amendment to a company's Memorandum of Incorporation has been effected in any manner contemplated in section 16 (1), the company must file a Notice of Amendment in Form CoR 15.2, together with— |
| (b) |
the fee set out in Table CR 2B, subject to any fee waiver provided for in the Act or these regulations. |
| (4) |
Within 10 business days after publishing a notice of alteration of its Memorandum of Incorporation, as contemplated in section 17 (1)(a), a company must file a Notice of Alteration in Form CoR 15.3, together with the fee set out in Table CR 1. |
| (5) |
A filed translation of a company's Memorandum of Incorporation must be accompanied by Form CoR 15.4, which must include the sworn statement required by section 17 ( |
4), together with the fee set out in Table CR 1.
| (6) |
A consolidated revision of a company's Memorandum of Incorporation must be accompanied by Form CoR 15.5, which must include a sworn statement, or a statement by an attorney or notary, as required by section 17 (6), together with the fee set out in Table CR 1. |
| (7) |
A notice by the Commission requiring a company to file a consolidated revision of its Memorandum of Incorporation must be in Form CoR 15 .6. |
Maintenance Act, 1998
