Cancellation and reinstatement of registration
201(1)Subject to subsection (2), the Director may cancel the registration of an extra-provincial corporation if
(a)
the extra-provincial corporation is in default in sending to the Director any fee, notice or document required by this Part,
(b)
in the opinion of the Director, the extra-provincial corporation ceases to carry on business in New Brunswick,
(c)
the extra-provincial corporation, its agent for service or a lawyer acting on its behalf sends the notice to the Director under subsection (4) or (5),
(d)
the Director receives notification from the corporation, its agent for service or from the jurisdiction of incorporation that the corporation is dissolved,
(e)
the extra-provincial corporation does not comply with a directive of the Director under subsection 199(2), or
(f)
the extra-provincial corporation has otherwise contravened this Part.
201(2)The Director shall not cancel the registration of an extra-provincial corporation under paragraph (1)(a), (b), (e) or (f) until
(a)
the Director has sent notice of the Director’s decision to cancel the registration with reasons for the cancellation
(i)
to the extra-provincial corporation by ordinary mail to its registered office or to its mailing address, or to its email address as indicated in the records of the Director, and
(ii)
to its agent for service by ordinary mail to their mailing address or to their email address, and
(b)
the Director has published a notice of the Director’s decision to cancel the registration in
The Royal Gazette.
201(2.1)Publication in
The Royal Gazette of the Director’s notice of his decision to cancel the registration of an extra-provincial corporation shall be deemed to be notice to the extra-provincial corporation.
201(2.2)Thirty days after the notice of the Director’s decision to cancel the registration of the extra-provincial corporation is published in
The Royal Gazette, the Director may cancel the registration.
201(3)On receipt of an application in a form provided by the Director accompanied by the prescribed reinstatement fee, in addition to any other fees, notices and documents required to be sent to the Director, the Director may reinstate the registration of an extra-provincial corporation that was cancelled under paragraph (1)(
a).
201(3.01)The Director may require confirmation that the agent for service last on record with the Director consents to continue as the agent for service for the corporation.
201(3.1)Where the Director reinstates the registration of an extra-provincial corporation, he shall issue a certificate of reinstatement of registration.
201(3.2)Where the Director issues a certificate of reinstatement of registration, he shall publish in
The Royal Gazette notice of the certificate of reinstatement of registration and the cost of the publication shall be paid by the extra-provincial corporation.
201(3.3)The cancellation of the registration of an extra-provincial corporation does not affect its liability for its obligations.
201(3.4)A certificate of reinstatement of registration issued under this Part to an extra-provincial corporation is conclusive proof for the purposes of this Act and for all other purposes that the provisions of this Act in respect of reinstatement of registration of the extra-provincial corporation and all requirements precedent and incidental to reinstatement of registration have been complied with, and that the extra-provincial corporation has been reinstated under this Part as of the date shown in the certificate of reinstatement of registration.
201(3.5)If the Director refuses to reinstate the registration of an extra-provincial corporation, he shall, within twenty days of receipt of any fee, notice or document required to be sent to him, give written notice of his refusal to the person who sent the fee, notice or document.
201(4)An extra-provincial corporation that ceases to carry on business in New Brunswick shall send a notice to that effect to the Director.
201(5)An extra-provincial corporation registered under subsection 196(3) may send a notice to the Director that it wishes to cancel its registration.
1983, c.15, s.28; 1985, c.5, s.6; 1987, c.6, s.5; 1997, c.22, s.4; 2000, c.9, s.27; 2014, c.50, s.23; 2023, c.2, s.143; 2023, c.2, s.155