Rectification of registers and records
168(1)If the name of a person is alleged to be or to have been wrongly entered or retained in, or wrongly deleted or omitted from, the registers or other records of a corporation, the corporation, a security holder of the corporation or any aggrieved person may apply to the Court for an order that the registers or records be rectified.
168(1.1)An aggrieved person may apply to the Court for an order that the registers or records be rectified if
(a)
the name of the person is alleged to be or to have been wrongly set out on a form filed with the Director under this Act,
(b)
the name of a person is alleged to be or to have been wrongly deleted or omitted from a form filed with the Director under this Act, or
(c)
the Director has failed to file a notice of change of directors in accordance with this Act.
168(2)An applicant under this section shall give the following persons notice of the application:
(a)
the Director, and the Director, with leave of the Court, may appear and be heard in person or by counsel; and
(b)
the corporation, and the corporation is entitled to appear and be heard in person or by counsel.
168(3)In connection with an application under this section, the Court may make any order it thinks fit including, without limiting the generality of the foregoing,
(a)
an order requiring the registers or records of the corporation to be rectified;
(b)
an order restraining the corporation from calling or holding a meeting of shareholders or paying a dividend or making any other distribution or payment to shareholders before the rectification;
(c)
an order determining the right of a party to the proceedings to have the party’s name entered or retained in, or deleted or omitted from, the registers or records of the corporation, whether the issue arises between two or more security holders or between the corporation and any security holders or alleged security holders;
(d)
an order compensating a party who has incurred a loss;
(e)
an order directing rectification of the registers or other records of the Director; and
(f)
an order requiring the corporation to file a notice of change of directors with the Director.
2000, c.9, s.22; 2023, c.2, s.118; 2023, c.2, s.155