Acts and Regulations

C-13 - Companies Act

Full text
Investigation by court order
109(1)Upon the application of shareholders representing not less than one-fourth in value of the issued capital stock of the company a judge may, if he deems it necessary, appoint a competent inspector to investigate the affairs and management of the company, who shall report to the judge the result of the investigation.
109(2)The application shall be supported by such evidence as the judge may require for the purpose of showing that the applicants have good reason for requiring an investigation to be made, and that they are not actuated by malicious motives in instituting the investigation.
109(3)The judge may make necessary rules as to the investigation and prescribe the manner in which, and the extent to which, the investigation shall be conducted, or may, if he deems it necessary, examine the officers or directors of the company under oath as to matters that come in question.
109(4)The expense of the investigation shall, in the discretion of the judge, be defrayed by the company, or by the applicants, or partly by the company and partly by the applicants as the judge may order, who may, if he thinks fit, require the applicants to give security to cover the probable cost of the investigation, and upon the investigation and report the judge may make an order for the winding-up of the company or such other order as he deems proper.
R.S., c.33, s.108
Investigation by court order
109(1)Upon the application of shareholders representing not less than one-fourth in value of the issued capital stock of the company a judge may, if he deems it necessary, appoint a competent inspector to investigate the affairs and management of the company, who shall report to the judge the result of the investigation.
109(2)The application shall be supported by such evidence as the judge may require for the purpose of showing that the applicants have good reason for requiring an investigation to be made, and that they are not actuated by malicious motives in instituting the investigation.
109(3)The judge may make necessary rules as to the investigation and prescribe the manner in which, and the extent to which, the investigation shall be conducted, or may, if he deems it necessary, examine the officers or directors of the company under oath as to matters that come in question.
109(4)The expense of the investigation shall, in the discretion of the judge, be defrayed by the company, or by the applicants, or partly by the company and partly by the applicants as the judge may order, who may, if he thinks fit, require the applicants to give security to cover the probable cost of the investigation, and upon the investigation and report the judge may make an order for the winding-up of the company or such other order as he deems proper.
R.S., c.33, s.108