LAWS ABOUT REGISTERING CHARITABLE ORGANIZATIONS & non profit SOCIETIES

Charitable Organizations and Societies registrations and their filings are not completed by Alberta Registry agents, they are in fact processed directly by Service Alberta at the John E. Brownlee building in Edmonton, or the Service Alberta building in Calgary. For more information, please visit Service Alberta: Registering Charities.

A charitable organization must be registered under the Charitable Fund-raising Act if:

• It uses a fund-raising business
• It intends to raise more than $25,000 in gross contributions in its financial year from solicitations (requests for contributions) to individuals in Alberta
• During or after the campaign it finds it has raised more than $25,000 (if so, the charity must register within 45 days after the contributions reach $25,000)

The Act applies to any incorporated or unincorporated organization that is formed for a charitable purpose. It applies even if the organization is incorporated under the Societies Act or registered with Canada Customs and Revenue Agency (Revenue Canada).

It also applies to any person asking for contributions to be used for a charitable purpose or charitable organization, even if that person is not connected to any charitable organization.

A charitable purpose includes any philanthropic, benevolent, educational, health, humane, recreational, religious, cultural or artistic purpose.

WHO DOES NOT NEED TO BE REGISTERED?

• A charity asking for contributions from its members or their immediate families
• A charity asking for goods (e.g. furniture for an office, not for resale) or services (e.g. volunteers) that it will use for its administration or other non-charitable purpose
• A charity raising funds through raffles, pull tickets, bingos or casinos; contact the Alberta Gaming and Liquor Commission (external site) for licensing information

REGISTRATION REQUIREMENTS

To register a charitable organization you must provide the following to Service Alberta:

1. A completed Application for a Charitable Organization form
2. The registration fee, which is for a one-year registration
   Note: Registration takes effect the date it is issued. The department will send you a renewal notice, the appropriate forms and instructions before your registration expires. You must tell Service Alberta if your organization’s address changes. Send this information to Service Alberta, Consumer Programs, 3c, 10155 – 102 Street, Edmonton, Alberta T5J 4L4.
3. All charitable organizations registering for the first time must submit copies of their solicitation materials and telemarketing scripts that will be used to solicit donations (these will be reviewed before the registration is issued to make sure the information meets the Act’s disclosure requirements)

OBLIGATIONS AND RESPONSIBILITIES AFTER INCORPORATION OR REGISTERING

Once incorporated or registered, the legal entity (corporation, extra-provincial registration, society or non-profit company) must conduct business in Alberta according to the provisions set out in the following legislation:

• Business Corporations Act – for corporations and extra-provincial registrations of corporations and non-profit organizations
• Societies Act – for societies
• Companies Act– for non-profit companies
• Religious Societies Land Act – Cemetery Companies Act
• Partnership Act– Limited Liability Partnerships

Failure to comply with certain responsibilities may result in the legal entity being removed from Corporate Registry’s active records. Filing an Annual Return is one requirement that is common to all legal entities, with the exception of Business Names.

Fee Schedule for Non-Profit Filings

ANNUAL RETURNS

Annual return information must be provided by the legal entity each and every year. The annual return provides information about the shareholders of corporations and extra-provincial registrations, or directors and/or officers for societies and non-profit companies.

If the annual return information is not filed, the Alberta Corporation, society, or non-profit company will ultimately be dissolved. If an extra-provincial corporation does not file its annual return information, its registration will be cancelled in Alberta.

Corporate Registry will mail a pre-printed annual return form to an Alberta corporation, society, and non-profit company and Limited Liability Partnership one month prior to the anniversary month of its incorporation. For an extra-provincial corporation, Corporate Registry will mail the annual return to the attorney for service a month prior to the anniversary month of its registration. If the paper form mailed by Corporate Registry is lost, the legal entity is still required to file the required information.

A corporation may either take the actual form or provide the information requested on the form to an authorized service provider for processing. Limited liability partnerships file annual reports. The annual report provides information about the representative partners. If the annual report is not filed, the Alberta Limited Liability Partnership will be struck. For extra-provincial Limited Liability Partnership their registration will be cancelled. A society and non-profit company must provide its annual return information to the Corporate Registry Office.

CHANGE NOTICES

CORPORATIONS

Alberta corporations must notify Corporate Registry through an authorized service provider within 15 days when there is a change of address and/or change in directors for the corporation.

EXTRA-PROVINCIAL REGISTRATIONS

Extra provincial corporations must notify Corporate Registry through an authorized service provider of changes of address and/or directors in addition to any changes to the attorney for service, whether it is the primary or alternative attorney. Extra-provincial corporations must file their changes within one month of the change.

BUSINESS NAMES

A trade name (sole proprietorship) registration may change:

• The name of the declarant, (i.e., maiden to married name, or legal name change, etc.) but may not change the actual declarant
• The declarant’s address

These changes must be submitted to an authorized service provider.

Note: If the trade name is no longer used by the declarant or has been sold or given to another individual, the original trade name must be dissolved and a new trade name filed by the new owner/user.

SOCIETIES, RELIGIOUS SOCIETIES AND NON-PROFIT COMPANIES

Societies, non-profit companies, and religious societies are required to file updates of their addresses and changes to their officers and directors. These must be submitted directly to the Corporate Registry Office.

AMEND NOTICES

CORPORATIONS

A corporation may amend its name and any of its articles or structure information, such as share capital, restrictions on share transfers, etc. As with all other filings for corporations, these changes must be filed with an authorized service provider.

EXTRA-PROVINCIAL CORPORATIONS

An extra-provincial corporation must file in Alberta, through an authorized service provider, certified-true copies of amendments which were filed in the home jurisdiction.

BUSINESS NAMES, LIMITED PARTNERSHIPS, LIMITED LIABILITY PARTNERSHIPS

The partnership name, number of partners, and their names and addresses may all be amended. Information relating to the change must be submitted to an authorized service provider.

SOCIETIES

A society’s change of name or amendment to its objects or bylaws must be filed in accordance with the Societies Act. Two copies of all documents must be submitted directly to the Corporate Registry Office.

RELIGIOUS SOCIETIES

A Religious Society may file changes to their name, constitution or bylaws. Two copies of all documents must be submitted directly to the Corporate Registry Office.

NON-PROFIT COMPANIES

A name change or amendment to the capital or bylaws, a non-profit company must prepare its own documents in accordance with Part 9 of the Companies Act and submit them directly to the Corporate Registry Office.