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Canadian company law concerns the operation of corporations in Canada, which can be established under either federal or provincial authority. Federal incorporation of for-profit corporations is governed by Corporations Canada under the ''Canada Business Corporations Act''. All of the Canadian provinces and territories also have laws permitting (and governing) the incorporation of corporations within their area of jurisdiction. Often, the choice of whether to incorporate federally or provincially will be based on many business considerations, such as scope of business and the desire for application of particular rules which may be available under one corporate statute but not another. ==History== Prior to Canadian Confederation, companies were organized through several procedures: : * through contract as a partnership or unincorporated company : * through royal charter, as was done for the Hudson's Bay Company : * through an Act of the Parliament of the United Kingdom, as for the Canada Company : * by an Act of the local legislature : * formation as a joint stock company without limited liability under the laws of the applicable colony (first introduced in Lower Canada in 1849 for limited purposes, extended to other types of business in the Province of Canada in 1850) Before 1862, limited liability was the exception, being conferred on specific companies through royal charter or special Act. When it was introduced into UK company law by the ''Companies Act 1862'' as a matter of general application, the Canadian colonies introduced legislation to enable the same locally. Upon Confederation, s. 92(11) of the ''Constitution Act, 1867'' gave provinces jurisdiction over "Incorporation of Companies with Provincial Objects." The judicial construction of this phrase has been the subject of several significant cases in the courts, and most notably at the Judicial Committee of the Privy Council: : * In 1881, in ''Citizen's Insurance Co. v. Parsons'', it was held that the Parliament of Canada had authority to incorporate companies with objects of greater scope. : * In 1914, in ''John Deere'', it was held that the provinces could not interfere with a federally incorporated company by requiring them to be registered locally in order to conduct business. : * In 1916, in ''Bonanza Creek'', it was held that "provincial objects" did not restrict a company's operations to the province of incorporation,〔, setting aside 〕 so long as it was licensed or registered to operate in another jurisdiction, and its incorporating Act allowed for that to occur. The first Federal and Provincial Acts generally provided for incorporation through letters patent, but the procedure was excluded federally for certain classes of company (such as railways and banks), which still had to be incorporated by special Act of Parliament. It was in this manner that the Canadian Pacific Railway was originally formed. Current Acts (such as the ''Canada Business Corporations Act'') generally provide for formation by articles of incorporation, but Prince Edward Island still retains the letters patent procedure and Nova Scotia provides for incorporation by memorandum of association. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Canadian corporate law」の詳細全文を読む スポンサード リンク
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