Director liability
September 12, 2019 Occasional Contributors Business and Legal Issues, Competition, Corporate Governance, Finance and Accounting, Intellectual Property, IP, Leadership and Management,
Bill C-97 including certain proposed amendments to the Bankruptcy and Insolvency Act (BIA) and the Companies’ Creditors Arrangement Act (CCAA) received Royal Assent on June 21, 2019.
Bankruptcy and Insolvency Act, CCAA and BIA amendments, Director liability, economic interest, intellectual property rights
August 29, 2019 Occasional Contributors Accounts payable and receivable, Business and Legal Issues, Corporate Administration, Finance and Accounting, Fraud and Corruption, Sales, Marketing and Operations,
Corporate directors and officers may generally only be held personally liable for misconduct on the part of the corporation in limited circumstances where there has been improper or fraudulent conduct.
corporate veil, Director liability, fraudulent conduct, personal liability for directors and officers
December 23, 2016 Yosie Saint-Cyr, LL.B., Managing Editor Anti-spam, Do-not-Call, Board of Directors, Process and Responsibilities, Business and Legal Issues, Charities, Competition, Corporate Governance, Cyberlaw, Internet Law, E-Commerce, Finance and Accounting, IT, Privacy and Security, Leadership and Management, Not for Profit, Payroll and Personnel Management, Privacy Compliance and Management, Sales, Marketing and Operations
We are signing off with a list of the top 10 most read Inside Internal Controls posts 2016. Privacy issues and director’s liability seem to have been hot topics this year with several blog posts on the topics making it on the list. The top 10 most read Inside Internal Controls posts 2016 Director’s liability […]
advertising violations, corporate negligence, cyber risk, Director liability, employee privacy, internal audit, Internal Controls, Pension and benefit plan, PIPEDA data breach, privacy tort, Property tax rebate, Provincial and territorial 2016 budget, Registered charities, risk, risk management, unpaid wages, victims of cyberbullying
March 9, 2016 Occasional Contributors Accounting Systems and Controls, Accounts payable and receivable, Business and Legal Issues, Corporate Governance, Finance and Accounting, Financial Compliance / Planning / Management, Fraud and Corruption, Income Tax Planning / Tax Schedules / Remittances, Leadership and Management, Payroll and Personnel Management, Records Management and Retention, Sales, Marketing and Operations
A recent arbitration decision out of the province of Quebec (available in French only) involving the director of a bankrupt corporation serves as a reminder that directors can be personally liable for unpaid employee wages, notice of termination, and vacation pay.
bankruptcy, Director liability, director of a bankrupt corporation, directors can be personally liable for unpaid employee wages, employment law, HR Law, jointly and severally liable, receivership, unpaid wages, Wage Earner Protection Program, WEPP
August 19, 2015 Occasional Contributors Business and Legal Issues, Corporate Administration, Corporate Governance, Finance and Accounting, Financial Compliance / Planning / Management, Government Budget, Throne Speech and Plans, Income Tax Planning / Tax Schedules / Remittances
On July 9, 2015, an expert panel convened by the Ontario Ministry of Government and Consumer Services (MGCS) released their final report (the Expert Report) containing many broad recommendations on how to modernize Ontario’s increasingly outdated business legislation. The Expert Report dealt with laws relating to corporations, partnerships, secured lending and other commercial activities. Taken […]
Business law, Canada Business Corporations Act, Commerce, commercial activities, corporate and commercial law, Corporate law, Director liability, foreign companies looking to incorporate a subsidiary in Canada, incorporations, Limited Liability Partnerships, Ontario Ministry of Government and Consumer Services, resident Canadian directors, the Canadian market, Unlimited Liability Corporations
August 10, 2015 Drache Aptowitzer LLP Board of Directors, Process and Responsibilities, Charities, Corporate Administration and Legal Matters, Not for Profit
As Counsel for Ms. Guindon in her case with the Minister of National Revenue we have kept our readers abreast of developments as the appeal wended its way to the Supreme Court of Canada. On July 31st, 2015 the Supreme Court issued its ruling in the matter thus ending the appeal for Ms. Guindon. The Supreme Court found…
civil penalty may attract charter protection, civilly liable, Director liability, Income Tax Act, issuance of tax receipts by a charity, Minister of National Revenue, recognition of gifts received, specific donation structure, Supreme Court of Canada, Tax Court, tax opinion letter, tax shelter promoter, the donation were fraudulent, timeshare weeks
October 15, 2013 Drache Aptowitzer LLP Corporate Governance, Finance and Accounting, Not for Profit
Most charities and not-for-profit organizations are incorporated as non share capital corporations. These corporations are considered separate legal entities from their members or directors. This ‘separateness’ protects the members (and to a large extent directors) from being personally liable in the event the organization finds itself liable for damages as a result of a court finding.
accountability, administrative burdens, charities, control provisions, corporate entities, Corporate law, corporations, Director liability, Drache Aptowitzer LLP, filing requirements, membership issues, non share capital corporations, not-for-profit organizations, organizational structure, parent corporation, personal injury, personally liable, piercing the corporate veil, property damage, Reporting, separate legal entities, staffing and management
April 8, 2013 Drache Aptowitzer LLP Corporate Governance, Finance and Accounting, Not for Profit
Before a group can be registered as a charity, there has to actually be some legal thing to register. This means that every charity faces the choice of which legal structure to use. A charity can be constituted as a trust, an unincorporated association, or a corporation.
Canada Not-for-profit Corporations Act, Canada Revenue Agency, charity, corporations, corporation’s debts, Director liability, for-profit businesses, high-liability, high-risk, incorporation, non-profit organizations, non-share capital, not-for-profit incorporation, penalty for issuing a receipt that contains false information, personal assets, personal liability, registered as a charity, Registered charities, revocation tax, unincorporated association
