BYLAWS
THE EQUINE FOUNDATION OF CANADA
NOTICE of
ANNUAL MEETING OF MEMBERS
NOTICE IS HEREBY GIVEN
that the Annual General Meeting of the members
of THE EQUINE FOUNDATION OF CANADA (hereinafter called the
“Corporation”), will be held at the Delta Markham, 50 East Valhalla
Drive, Markham, Ontario on Saturday, April 5th, 2014, at the hour of
2:30 o’clock in the afternoon or immediately upon the close of the
Annual Meeting of members of the Canadian Morgan Horse Association
at the same place and date, whichever is later, for the following
purposes:
1. To receive and consider the Balance Sheets of the Corporation and
the Statements of Profit and Loss and surpluses for the fiscal year
ended December 31st, 2013 together with the Report of the Auditors
thereon, copies of such financial statements are available from the
Treasurer, Susan J. Nelson, 326 Dyke Road, Falmouth, Nova Scotia B0P
1L0 and shall also be available at the
meeting;
2. To consider and, if deemed advisable, to pass, with or without
variation, a special resolution or resolutions regarding the
continuance of the Corporation under the Canada Not-for-profit
Corporations Act [see reverse side of this Notice] pursuant to
section 297 of that Act, a copy of:
a. that
proposed special resolution including
b. Appendix A thereto, being Form 4031 -
Articles of Continuance (transition), and
c. Appendix B thereto, being
By-Law No. 1
accompanying and forming part of this Notice;
3. To elect the President and Directors;
4. To appoint the Public Accountant; and
5. To transact such further and other business as may be properly
come before the meeting or any adjournment or adjournments thereof.
DATED the 12th day of March, 2014.
BY ORDER OF THE BOARD
Eldon Bienert, President
Continuance of THE
Equine Foundation of Canada
under the Canada Not-for-profit Corporations Act
To provide some
background and explanation as to the need to “continue” the EFC
under the above mentioned Act:
♦ The Equine Foundation of Canada (“EFC”) was incorporated
under Part II of the
Canada Corporations Act (the “old Act”).
♦ The old Act has been replaced by the Canada Not-for-profit
Corporations Act
(the “new Act”).
♦ Any corporation incorporated under the old Act (as the EFC
was) must be
continued under the new Act or else it will be dissolved - cease to
exist - and in
the case of the EFC, all its assets passed on to another registered
charity.
♦ The deadline for this continuance is October 17th, 2014.
Therefore, all required
actions by the members has to be done at the annual meeting of EFC
in April so
an additional meeting of the members will not need to be called
later.
♦ The special resolution of the members authorizing the
continuance of the EFC
has two documents attached that are required to be approved as part
of the
resolution - the first being the Articles of Continuance
(transition) and the other
is the new By-Law.
♦ The Articles of Continuance is the document that legally
"continues" the
existence of the EFC as a corporation under the new Act. It replaces
the Letters
Patent which is the legal document that created the EFC as legal
entity when it
was incorporated under the old Act.
♦ The
new
By-Law is required as under the Canada Not-for-profit
Corporations
Act a number of the provisions of the present By-Laws are mandated
by or
stipulated in that new Act.
♦ In order to vote on the necessary documents, notice of the
special resolution is
required to be included in the Notice of Annual Meeting on the
reverse side of
this explanation.
♦Check for additional information on the EFC website:
www.equinefoundation.ca
Additional links:
Reference Table - correlating By-Law with Act &
Regulations
Canada Not-for-profit Corporations Act
Regulations under the Canada Not-for-profit Corporations Act