Acts and Regulations

B-9.1 - Business Corporations Act

Section 194
Disposition versions

Full text
Carrying on business in New Brunswick
2023, c.2, s.155
194(1)For the purposes of this Part, an extra-provincial corporation carries on business in New Brunswick if
(a) its name, or any name under which it carries on business, appears or is announced in any advertisement in which an address in New Brunswick is given for the extra-provincial corporation;
(b) it has a resident agent or representative or a warehouse, office or place of business in New Brunswick;
(c) it solicits business in New Brunswick;
(d) it is the owner of any estate or interest in land in New Brunswick;
(e) it is licensed or registered or required to be licensed or registered under any Act of New Brunswick entitling it to do business;
(f) it is the holder of a certificate of registration under the Motor Vehicle Act;
(g) it is the holder of a licence issued under the Motor Carrier Act; or
(h) it otherwise carries on business in New Brunswick.
194(2)Where an extra-provincial corporation has its name or any name under which it carries on business listed in a telephone directory for any part of New Brunswick, that corporation shall be deemed, in the absence of evidence to the contrary, to be carrying on business in New Brunswick.
194(2.1)An extra-provincial corporation is not carrying on business in New Brunswick by reason only that it is a general or limited partner in a limited partnership or an extra-provincial limited partnership that has filed a declaration under the Limited Partnership Act.
194(2.2)An extra-provincial corporation is not carrying on business in New Brunswick by reason only that it is a member or an associate of a New Brunswick limited liability partnership or an extra-provincial limited liability partnership.
194(3)The Director may exempt an extra-provincial corporation from the operation of this Part except subsection (4) if he is satisfied that it does not carry on business for the purpose of gain.
194(4)Repealed: 2023, c.2, s.136
1985, c.5, s.2; 1989, c.6, s.5; 1994, c.86, s.23; 2014, c.50, s.19; 2022, c.2, s.3; 2023, c.2, s.136; 2023, c.2, s.155; 2023, c.2, s.156
Carrying on business in New Brunswick
194(1)For the purposes of this Part, an extra-provincial corporation carries on business in New Brunswick if
(a) its name, or any name under which it carries on business, appears or is announced in any advertisement in which an address in New Brunswick is given for the extra-provincial corporation;
(b) it has a resident agent or representative or a warehouse, office or place of business in New Brunswick;
(c) it solicits business in New Brunswick;
(d) it is the owner of any estate or interest in land in New Brunswick;
(e) it is licensed or registered or required to be licensed or registered under any Act of New Brunswick entitling it to do business;
(f) it is the holder of a certificate of registration under the Motor Vehicle Act;
(g) it is the holder of a licence issued under the Motor Carrier Act; or
(h) it otherwise carries on business in New Brunswick.
194(2)Where an extra-provincial corporation has its name or any name under which it carries on business listed in a telephone directory for any part of New Brunswick, that corporation shall be deemed, in the absence of evidence to the contrary, to be carrying on business in New Brunswick.
194(2.1)An extra-provincial corporation is not carrying on business in New Brunswick by reason only that it is a general or limited partner in a limited partnership or an extra-provincial limited partnership that has filed a declaration under the Limited Partnership Act.
194(2.2)An extra-provincial corporation is not carrying on business in New Brunswick by reason only that it is a member or an associate of a New Brunswick limited liability partnership or an extra-provincial limited liability partnership.
194(3)The Director may exempt an extra-provincial corporation from the operation of this Part except subsection (4) if he is satisfied that it does not carry on business for the purpose of gain.
194(4)An extra-provincial corporation exempted under subsection (3) shall
(a) send to the Director the appointment of its attorney for service in the form provided by the Director, and
(b) in each year on or before the last day of the month that is the same as the month in which it was incorporated, send to the Director an annual return in the form provided by the Director or in the form required by the laws of the jurisdiction in which it was incorporated.
1985, c.5, s.2; 1989, c.6, s.5; 1994, c.86, s.23; 2014, c.50, s.19; 2022, c.2, s.3
Carrying on business in New Brunswick
194(1)For the purposes of this Part, an extra-provincial corporation carries on business in New Brunswick if
(a) its name, or any name under which it carries on business, appears or is announced in any advertisement in which an address in New Brunswick is given for the extra-provincial corporation;
(b) it has a resident agent or representative or a warehouse, office or place of business in New Brunswick;
(c) it solicits business in New Brunswick;
(d) it is the owner of any estate or interest in land in New Brunswick;
(e) it is licensed or registered or required to be licensed or registered under any Act of New Brunswick entitling it to do business;
(f) it is the holder of a certificate of registration under the Motor Vehicle Act;
(g) it is the holder of a licence issued under the Motor Carrier Act; or
(h) it otherwise carries on business in New Brunswick.
194(2)Where an extra-provincial corporation has its name or any name under which it carries on business listed in a telephone directory for any part of New Brunswick, that corporation shall be deemed, in the absence of evidence to the contrary, to be carrying on business in New Brunswick.
194(2.1)An extra-provincial corporation is not carrying on business in New Brunswick by reason only that it is a general or limited partner in a limited partnership or an extra-provincial limited partnership that has filed a declaration under the Limited Partnership Act.
194(3)The Director may exempt an extra-provincial corporation from the operation of this Part except subsection (4) if he is satisfied that it does not carry on business for the purpose of gain.
194(4)An extra-provincial corporation exempted under subsection (3) shall
(a) send to the Director the appointment of its attorney for service in the form provided by the Director, and
(b) in each year on or before the last day of the month that is the same as the month in which it was incorporated, send to the Director an annual return in the form provided by the Director or in the form required by the laws of the jurisdiction in which it was incorporated.
1985, c.5, s.2; 1989, c.6, s.5; 1994, c.86, s.23; 2014, c.50, s.19
Carrying on business in New Brunswick
194(1)For the purposes of this Part, an extra-provincial corporation carries on business in New Brunswick if
(a) its name, or any name under which it carries on business, appears or is announced in any advertisement in which an address in New Brunswick is given for the extra-provincial corporation;
(b) it has a resident agent or representative or a warehouse, office or place of business in New Brunswick;
(c) it solicits business in New Brunswick;
(d) it is the owner of any estate or interest in land in New Brunswick;
(e) it is licensed or registered or required to be licensed or registered under any Act of New Brunswick entitling it to do business;
(f) it is the holder of a certificate of registration under the Motor Vehicle Act;
(g) it is the holder of a licence issued under the Motor Carrier Act; or
(h) it otherwise carries on business in New Brunswick.
194(2)Where an extra-provincial corporation has its name or any name under which it carries on business listed in a telephone directory for any part of New Brunswick, that corporation shall be deemed, in the absence of evidence to the contrary, to be carrying on business in New Brunswick.
194(2.1)An extra-provincial corporation is not carrying on business in New Brunswick by reason only that it is a general or limited partner in a limited partnership or an extra-provincial limited partnership that has filed a declaration under the Limited Partnership Act.
194(3)The Director may exempt an extra-provincial corporation from the operation of this Part except subsection (4) if he is satisfied that it does not carry on business for the purpose of gain.
194(4)An extra-provincial corporation exempted under subsection (3) shall
(a) send to the Director the appointment of its attorney for service in the prescribed form, and
(b) in each year on or before the last day of the month that is the same as the month in which it was incorporated, send to the Director an annual return in the prescribed form or in the form required by the laws of the jurisdiction in which it was incorporated.
1985, c.5, s.2; 1989, c.6, s.5; 1994, c.86, s.23
Carrying on business in New Brunswick
194(1)For the purposes of this Part, an extra-provincial corporation carries on business in New Brunswick if
(a) its name, or any name under which it carries on business, appears or is announced in any advertisement in which an address in New Brunswick is given for the extra-provincial corporation;
(b) it has a resident agent or representative or a warehouse, office or place of business in New Brunswick;
(c) it solicits business in New Brunswick;
(d) it is the owner of any estate or interest in land in New Brunswick;
(e) it is licensed or registered or required to be licensed or registered under any Act of New Brunswick entitling it to do business;
(f) it is the holder of a certificate of registration under the Motor Vehicle Act;
(g) it is the holder of a licence issued under the Motor Carrier Act; or
(h) it otherwise carries on business in New Brunswick.
194(2)Where an extra-provincial corporation has its name or any name under which it carries on business listed in a telephone directory for any part of New Brunswick, that corporation shall be deemed, in the absence of evidence to the contrary, to be carrying on business in New Brunswick.
194(2.1)An extra-provincial corporation is not carrying on business in New Brunswick by reason only that it is a general or limited partner in a limited partnership or an extra-provincial limited partnership that has filed a declaration under the Limited Partnership Act.
194(3)The Director may exempt an extra-provincial corporation from the operation of this Part except subsection (4) if he is satisfied that it does not carry on business for the purpose of gain.
194(4)An extra-provincial corporation exempted under subsection (3) shall
(a) send to the Director the appointment of its attorney for service in the prescribed form, and
(b) in each year on or before the last day of the month that is the same as the month in which it was incorporated, send to the Director an annual return in the prescribed form or in the form required by the laws of the jurisdiction in which it was incorporated.
1985, c.5, s.2; 1989, c.6, s.5; 1994, c.86, s.23