Incorporated association

“ For the purpose of this Act, an association or incorporated association shall not be deemed to trade or to secure pecuniary profit for its members or to be formed or carried on for the purpose of trading or securing pecuniary profit for its members by reason only of any one or more of the following circumstances—
(a)
that the association or incorporated association itself makes a pecuniary profit, unless that profit or any part of it is divided among or received by the members or some of them ”

“ An association which aims at profit-making may be made a juristic person in accordance with the conditions prescribed for the formation of trading companies. (2) All the provisions concerning business companies shall apply mutatis mutandis to the incorporated association under the preceding paragraph. ”

“ The cancellation of incorporation does not affect the winding up of the association.
(3)
If the Registrar is of the opinion that any other incorporated association is not in operation he or she may, by notice, require the incorporated association to show good cause why its incorporation should not be cancelled. ”

“ Littlepage: As we have another minute or two there is one matter that we might dispose of. There was a committee appointed once upon a time on incorporation. It was thought by some of the members that if this association were incorporated, making it thereby a perpetual, tangible organization, it might be to its advantage. There might be some man who would be good enough to bequeath some funds to the Association for investigational work. As we are just a voluntary organization without any particular responsibility, it was thought by some that an incorporation would be desirable. ”

“ An incorporated association may apply to the Supreme Court to review a decision of the Registrar to give a certificate under section 35.
(2)
An application under subsection (1) must be made within 28 days after the certificate is given. ”

“ Again, all these government corporations differ from incorporated business companies. In forming a town or city, many persons are brought into the corporation against their wishes or consent; because, in governments, all who live within certain prescribed bounds must come under the same laws; but of an incorporated business association, as of a common business partnership, none become members but by their own act or choice. ”

“ The words 'association of persons' are often, and not inaptly, employed to describe a corporation. An incorporated company is an association of individuals acting as a single person, and by their corporate name. ”

“ Because the unincorporated association structure carries with it a high risk of personal liability for members and operates in an uncertain legal climate, groups often prefer to organize in nonprofit corporate form. ”

“ We shall not consider the validity of the law as applied to unincorporated associations, because, in our opinion, the application of the provision to corporations was severable from, and independent of, its application to partnerships, so that, even if in the latter aspect the section was bad, it remained unaffected and valid so far as this case is concerned. ”

“ Every association has the right of incorporation in accordance with the civil law. No association may be denied this right on the ground that it pursues a political, social-political, or religious object. ”

“ After stating that 'affiliation' implies a 'stronger bond' than 'association', he went on to say: 'In the corporate field its use embraces not the casual affinity of an occasional similarity of objective, but ties and connections that, though less than that complete control which parent possesses over subsidiary, are nevertheless sufficient to create a continuing relationship that embraces both units within the concept of a system. ”