Not-For-Profit Incorporation

Nature of a Corporation
Corporation is a legal entity that has an independent existence, separate and distinct from its members. The corporation owns property in its own name, acquires rights, obligations and liabilities, enters into contracts and agreements and has the capacity to sue and be sued as would a natural person.

For example, a corporation may be insolvent while its individual members may be wealthy. As a separate legal entity a corporation is not affected by changes in its membership and its existence continues in perpetuity unless its members or the Government take steps to dissolve it.

A corporation is managed or governed by a board of directors which is elected by the members. Usually the board of directors, in turn, either elects or appoints officers such as secretary, treasurer, president. These officers are responsible for the actual operation of the corporation.

Neither the directors, officers nor members "own" the corporation nor do they have any right of ownership to any particular asset of the corporation and the corporation may not be operated for the financial gain of its members, directors or officers.

In certain circumstance, a not-for-profit corporation may engage in activities that are revenue producing and that produce a "profit". Such activities must be incidental to the principal objects of the corporation and in furtherance of the principal objects. For example, a boys’ hockey club may hold a dance to raise funds for new uniforms for the team. If, after paying the expenses, the dance produces a "profit", the money belongs to the club and is to be used for the benefit of the club.

Types of Corporations
A not-for-profit corporation provides a service to its members or the public. It is formed to carry on activities for purposes other than personal financial gain. A not-for-profit corporation can earn a profit, but the profit must be used to further the goals of the group. Most activities of a not-for-profit corporation are not of a commercial nature. The Not-profit Corporations Act governs non-profit corporations in Saskatchewan. The Act is administered by the Corporations Branch of the Department of Justice.

There are two types of non-profit corporations: membership corporations and charitable corporations. It is necessary to distinguish between the two types because the responsibilities of each vary. A membership corporation carries on activities that are primarily for the benefit of its members. It is supported by its members through fees, donations, loans, or any combination of these. Examples of membership corporations are:

• Golf Clubs
• Social Clubs
• Special Interest Groups
• Daycares, etc.

Incorporation Process

If a decision is made to incorporate you should take the following steps:

Head Office
Every corporation is required to have a head office in Saskatchewan. This does not necessarily mean that a corporation must own or lease a special building or a suite of offices. Some incorporators use their home address for this purpose.

Directors
Each corporation must have not less than three directors. The first directors of the corporation have all the powers, duties and liabilities of directors that are elected to the board.

The office of director is not only an office that accords prestige to the person who holds it, it also places on that person responsibilities and even liabilities. Accordingly, any person accepting a directorship should be prepared to assume the responsibilities that go with the director’s office.

NOT-FOR-PROFIT / CHARITABLE INCORPORATION PACKAGES We offer both Not-for-profit and Not-for-profit Charitable Incorporation Packages. The process usually takes 3-8 weeks. All documents will be available for pickup in our office or can be delivered to you for an additional charge. Please note that corporate legislation requires all corporations to maintain accurate and up-to-date corporate records. Our complete package includes the documents required to satisfy these corporate record keeping requirements. ORDER ONLINE Not-for-Profit Package Includes   Charitable Package Includes Saskatchewan Provincial name search for your proposed corporate name.   Saskatchewan Provincial name search for your proposed corporate name, if applicable. All necessary government forms.   All necessary government forms. Completed Saskatchewan Articles of Incorporation.   Completed Saskatchewan Articles of Incorporation. Filing of Articles of Incorporation and ancillary documents with the Ministry of Consumer and Business Services.   Additional provisions for Charitable Corporations. Minute Book including: Corporate Seal Sample Corporate By-Laws Registers & Ledgers   Filing of Articles of Incorporation with the Ministry of Consumer and Commercial Relations.     Minute Book including: Corporate Seal Sample Corporate By-Laws Registers & Ledgers PACKAGE NAME       COST Standard Saskatchewan Not-For-Profit Incorporation Package   OUR FEE:   $ 249.00     DISBURSEMENTS         Saskatchewan Government Filing Fee:   $ 255.00     Corporate Documents   $ 29.90     Provincial Name Search   $ 59.95     Minute Book, Seal   $ 136.00     Courier fees   $ 15.00     SUB-TOTAL:   $ 495.85     GST:   $ 24.49     PST:   $ 10.88     GRAND TOTAL:   $ 780.22           Charitable Saskatchewan Not-For-Profit Incorporation Package   OUR FEE:   $ 349.00     DISBURSEMENTS         Saskatchewan Government Filing Fee:   $ 255.00     Corporate Documents   $ 29.90     Provincial Name Search   $ 59.95     Minute Book, Seal   $ 136.00     Courier fees   $ 15.00     SUB-TOTAL:   $ 495.85     GST:   $ 29.48     PST   $ 10.88     GRAND TOTAL:   $ 885.22           ORDER ONLINE     bbb