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NFP Law
Requirement for statutory declaration — register of members
23 (1) A member or a member’s personal representative who wishes to examine the register of members of a corporation shall first make a request to the corporation or its agent or mandatary accompanied by a statutory declaration referred to in subsection (5). Within the prescribed period, the corporation or its agent or mandatary shall allow the applicant access to the register during the corporation’s usual business hours and, on payment of any reasonable fee, provide the applicant with an extract from the register.
Marginal note:List of members
(2) Any person described in subsection (1) and debt obligation holders, on payment of any reasonable fee and on sending to a corporation or its agent or mandatary the statutory declaration referred to in subsection (5), may on application require the corporation or its agent or mandatary to furnish within the prescribed period a list of members setting out the prescribed information and updated in accordance with the regulations.
Marginal note:Limitation
(3) A person described in subsection (1) may only make an application under subsection (2) once in each calendar year. In addition, an application may be made before each special meeting of members of which the person receives notice.
Marginal note:Application of debt obligation holder
(4) A debt obligation holder may make an application to obtain a list of members only after receiving notice of a meeting of members at which the holder has the right to vote.
Marginal note:Contents of statutory declaration
(5) The statutory declaration required under subsection (1) or (2) shall
(a) state the name and address of the applicant and, if the applicant is a body corporate, its address for service; and
(b) state that the list of members or the information contained in the register of members obtained under subsection (1) will not be used except as permitted under subsection (7) or (8).
Marginal note:Person making statutory declaration
(6) If the applicant is a body corporate, the statutory declaration shall be made by a director or officer of the body corporate.
Marginal note:Use of information or list by members
(7) A member or a member’s personal representative who obtains a list of members or information from a register of members under this section shall not use the list or information except in connection with
(a) an effort to influence the voting of members;
(b) requisitioning a meeting of members; or
(c) any other matter relating to the affairs of the corporation.