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Memorandum Of Association Of Real Estate Company

Memorandum Of Association Of Real Estate Company Template for Canada

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Memorandum Of Association Of Real Estate Company

"I need a Memorandum of Association of Real Estate Company for my new residential property development business launching in March 2025, which will have significant investment from UAE investors and focus on luxury apartment developments in Vancouver and Toronto."

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Document background
The Memorandum of Association of Real Estate Company is a crucial incorporation document required when establishing a real estate business in Canada. It serves as the company's constitutional document, defining its purpose, powers, and operational scope under Canadian corporate law. This document is mandatory for incorporation and must be filed with either federal or provincial authorities, depending on the jurisdiction chosen for incorporation. It includes essential details about share capital, corporate governance, real estate operations scope, and specific powers related to property transactions. The memorandum must comply with the Canada Business Corporations Act or relevant provincial legislation, while also addressing specific requirements for real estate operations, including licensing and regulatory compliance aspects.
Suggested Sections

1. Name and Office: States the proposed name of the company and location of registered office

2. Purpose and Objects: Defines the primary business objectives including real estate operations, development, management, and related activities

3. Share Capital: Details the authorized share capital, classes of shares, and rights attached to each class

4. Directors: Specifies the first directors, minimum/maximum number of directors, and their powers

5. Shareholders: Details shareholders' rights, voting procedures, and meeting requirements

6. Business Operations: Outlines the scope of real estate operations, permitted activities, and geographical limitations

7. Corporate Powers: Lists specific powers of the corporation in relation to real estate transactions and operations

8. Amendment Provisions: Procedures for amending the memorandum and articles

9. Dissolution: Provisions for winding up and dissolving the company

Optional Sections

1. Pre-emptive Rights: Include when shareholders should have first right to purchase new share issuances

2. Share Transfer Restrictions: Add when specific restrictions on share transfers are needed

3. Special Borrowing Powers: Include when company requires specific authority for real estate financing

4. Joint Venture Provisions: Add when company plans to participate in joint real estate ventures

5. Foreign Ownership Provisions: Include when foreign investment in the company is anticipated

6. Property Management Division: Add when company will operate a property management business

7. Development Project Provisions: Include when company will engage in real estate development

Suggested Schedules

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

2. Schedule B - Initial Directors: List of first directors with their details and qualifications

3. Schedule C - Property Portfolio: Initial real estate assets or properties to be held by the company

4. Schedule D - Business Plan: Detailed plan for real estate operations and development

5. Schedule E - Corporate Governance: Detailed procedures for corporate governance and decision-making

6. Appendix 1 - Forms of Share Certificates: Templates for share certificates for each class of shares

7. Appendix 2 - Professional Licenses: Copies of required real estate business licenses and registrations

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
Business Day
By-laws
Company
Director
Fiscal Year
Governing Law
Memorandum
Officers
Ordinary Resolution
Property
Real Estate Activities
Real Estate Assets
Registered Office
Securities
Share Capital
Shareholders
Special Resolution
Subsidiary
Transfer
Voting Shares
Real Estate Development
Property Management Services
Brokerage Services
Investment Property
Commercial Property
Residential Property
Development Project
Property Portfolio
Authorized Share Capital
Issued Share Capital
Board Resolution
Corporate Seal
Qualifying Shares
Related Party
Regulatory Authority
Real Estate License
Professional Association
Clauses
Name and Registration
Objectives and Powers
Share Capital Structure
Corporate Governance
Directors' Powers and Duties
Shareholders' Rights
Real Estate Operations
Property Management
Development Activities
Borrowing Powers
Transfer of Shares
Meetings and Voting
Financial Management
Corporate Records
Amendment Procedures
Compliance and Licensing
Dispute Resolution
Dissolution and Winding Up
Professional Services
Investment Powers
Asset Management
Corporate Authority
Business Scope
Geographic Limitations
Regulatory Compliance
Relevant Industries

Real Estate

Property Development

Property Management

Financial Services

Construction

Professional Services

Commercial Leasing

Residential Housing

Urban Planning

Investment Management

Relevant Teams

Legal

Corporate Governance

Real Estate Operations

Compliance

Board of Directors

Executive Leadership

Investment

Property Management

Corporate Affairs

Risk Management

Relevant Roles

Chief Executive Officer

Corporate Secretary

Real Estate Director

Legal Counsel

Compliance Officer

Property Development Manager

Board Director

Chief Financial Officer

Real Estate Operations Manager

Corporate Governance Officer

Risk Management Director

Investment Manager

Company Registrar

Industries
Canada Business Corporations Act (CBCA): Federal legislation governing the incorporation and operation of companies in Canada, including requirements for memorandum of association, corporate structure, and governance
Real Estate and Business Brokers Act (varies by province): Provincial legislation regulating real estate business operations, licensing requirements, and conduct of real estate professionals
Provincial Securities Acts: Legislation governing the issuance and trading of securities, relevant if the company plans to issue shares or raise capital
Competition Act: Federal legislation ensuring fair competition in business practices and preventing anti-competitive behavior in the real estate market
Income Tax Act: Federal legislation governing taxation of corporations, including specific provisions for real estate companies and property transactions
Provincial Business Corporations Acts: Provincial legislation supplementing federal corporate law with specific regional requirements for company formation and operation
Personal Information Protection and Electronic Documents Act (PIPEDA): Federal privacy legislation governing the collection, use, and disclosure of personal information in commercial activities
Provincial Land Transfer Tax Acts: Provincial legislation governing taxation on real estate transactions and property transfers
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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