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Articles Of Incorporation (Real Estate)

Articles Of Incorporation (Real Estate) Template for Canada

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Articles Of Incorporation (Real Estate)

I need Articles of Incorporation (Real Estate) for a Canadian corporation that will focus on commercial property development in Ontario, with three share classes and provisions for foreign investment, planning to commence operations in March 2025.

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Document background
The Articles of Incorporation (Real Estate) serves as the founding document for creating a corporate entity focused on real estate activities in Canada. This document is essential when establishing a new real estate corporation or converting an existing business into a corporate structure. It must be filed with either federal authorities under the Canada Business Corporations Act or provincial authorities under their respective corporation acts. The articles define fundamental aspects such as share structure, director requirements, business objectives, and any restrictions on real estate activities. This document is particularly important for businesses planning to engage in property development, real estate investment, property management, or other real estate-related activities, as it establishes the legal framework for corporate operations and helps protect shareholders while ensuring compliance with Canadian corporate law.
Suggested Sections

1. Corporate Name: The official name of the corporation, including required legal elements and NUANS search confirmation

2. Registered Office: The official address of the corporation's registered office in Canada

3. Classes and Maximum Number of Shares: Details of the corporation's share structure, including types of shares, rights, and restrictions

4. Restrictions on Share Transfers: Any limitations or conditions on the transfer of shares

5. Number of Directors: Minimum and maximum number of directors permitted

6. Business Restrictions: Any restrictions on the business the corporation may carry on, specifically related to real estate activities

7. Other Provisions: Additional provisions required for corporate governance and operations

Optional Sections

1. Pre-emptive Rights: Provisions giving existing shareholders the right of first refusal on new share issuances - include when shareholders want additional protection

2. Special Shareholder Rights: Additional rights or restrictions for specific share classes - include when creating complex share structures

3. Real Estate Investment Restrictions: Specific limitations on types of real estate investments - include when focusing on particular market segments

4. Foreign Ownership Provisions: Provisions regarding foreign ownership of shares - include when expecting international investors

5. Subsidiary Operations: Provisions for creating and managing subsidiary companies - include when planning multiple entity structures

Suggested Schedules

1. Schedule A - Share Structure Details: Detailed breakdown of share classes, rights, and restrictions

2. Schedule B - Initial Directors: List of initial directors with their addresses and consent

3. Schedule C - Ownership Structure: Detailed breakdown of initial share ownership and shareholding percentages

4. Schedule D - Business Plan: Overview of intended real estate business activities and operations

5. Appendix 1 - NUANS Name Search Report: Corporate name search results confirming name availability

6. Appendix 2 - Directors' Consent Forms: Signed consent forms from all initial directors

7. Appendix 3 - Provincial Registration Forms: Required forms for extra-provincial registration if operating in multiple provinces

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Act
Articles
Board
By-laws
Corporation
Director
Officer
Real Property
Registered Office
Securities
Share
Shareholder
Special Resolution
Subsidiary
Transfer
Common Shares
Preferred Shares
Real Estate Assets
Property Management Services
Development Activities
Investment Property
Commercial Property
Residential Property
Voting Rights
Share Certificate
Corporate Seal
Class Rights
Dividend Rights
Dissolution Rights
Fiscal Year
Meeting of Shareholders
Ordinary Resolution
Person
Signing Officer
Related Party
Relevant Industries

Real Estate

Property Development

Property Management

Construction

Real Estate Investment

Commercial Real Estate

Residential Real Estate

Property Technology

Real Estate Finance

Corporate Services

Relevant Teams

Legal

Corporate Governance

Executive Leadership

Board of Directors

Real Estate Operations

Compliance

Finance

Investment

Property Development

Corporate Administration

Relevant Roles

CEO

Corporate Lawyer

Real Estate Attorney

Corporate Secretary

Chief Legal Officer

Real Estate Development Director

Company Director

Board Member

Chief Financial Officer

Real Estate Investment Manager

Compliance Officer

Corporate Governance Officer

Property Development Manager

Real Estate Operations Director

Industries
Canada Business Corporations Act (CBCA): Federal legislation governing the incorporation and operation of federal corporations in Canada, including requirements for Articles of Incorporation, corporate structure, and governance
Provincial Business Corporations Acts: Provincial legislation that governs incorporation at the provincial level (varies by province), including specific requirements for real estate corporations
Real Estate and Business Brokers Act: Provincial legislation regulating real estate business operations, licensing requirements, and conduct of real estate professionals
Income Tax Act: Federal legislation governing taxation of corporations, including specific provisions for real estate corporations and property income
Goods and Services Tax (GST) Act: Federal legislation regarding GST obligations for real estate transactions and corporate operations
Securities Act: Provincial legislation governing the issuance and trading of securities, relevant if the corporation plans to raise capital through share offerings
Competition Act: Federal legislation ensuring fair competition in business practices, including real estate operations
Provincial Land Transfer Tax Acts: Provincial legislation governing taxation on real estate transfers and transactions
Personal Information Protection and Electronic Documents Act (PIPEDA): Federal privacy legislation governing the collection, use, and disclosure of personal information in commercial activities
Anti-Money Laundering and Anti-Terrorist Financing Legislation: Federal requirements for real estate corporations regarding transaction reporting and client verification
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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