Marginal note:Act ceases to apply
39. If a company applies for a certificate or letters patent referred to in section 38 in accordance with that section and the certificate is given or the letters patent are issued, this Act ceases to apply to the company as of the day the certificate or the letters patent take effect.
- 1991, c. 45, s. 39;
- 1994, c. 24, s. 34(F);
- 2007, c. 6, s. 340.
40. [Repealed, 2007, c. 6, s. 340]
Marginal note:Prohibited names
41. (1) A company may not be incorporated under this Act with a name
(a) that is prohibited by an Act of Parliament;
(b) that is, in the opinion of the Superintendent, deceptively misdescriptive;
(c) that is the same as or, in the opinion of the Superintendent, substantially the same as or confusingly similar to, any existing
(i) trade-mark or trade name, or
(ii) corporate name of a body corporate,
except where the trade-mark or trade name is being changed or the body corporate is being dissolved or is changing its corporate name and consent to the use of the trade-mark, trade name or corporate name is signified to the Superintendent in such manner as the Superintendent may require;
(d) that is the same as or, in the opinion of the Superintendent, substantially the same as or confusingly similar to, the known name under or by which any entity carries on business or is identified; or
(e) that is reserved under section 45 for another company or a proposed company.
(2) Paragraph (1)(a) does not apply with respect to any former-Act company incorporated by or under an Act of Parliament that expressly authorizes the use of any name that would otherwise be prohibited.
- 1991, c. 45, s. 41;
- 1996, c. 6, s. 112;
- 1997, c. 15, s. 344.
Marginal note:Trust company
42. A company that is a trust company pursuant to subsection 57(2) must have the word “fiduciaire”, “fiduciary”, “fiducie”, “trust” or “trustco” included in its name.
Marginal note:Affiliated company
43. Despite section 41, a company that is affiliated with another entity may, with the consent of that entity, be incorporated with, or change its name to, substantially the same name as that of the affiliated entity.
- 1991, c. 45, s. 43;
- 1996, c. 6, s. 113;
- 2001, c. 9, s. 488;
- 2007, c. 6, s. 341.
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