Hometime

Hometime · Alberta legislation

CPA Condominium Property Act

CPA · Business Corporations Act

Part 9 — Directors and Officers

105 Qualifications of directors

Current to 2023-12-07 · Official PDF

(1) The following persons are disqualified from being a
director of a corporation:
(a) anyone who is less than 18 years of age;
(b) anyone who
(i) is a represented a dult as defined in the Adult
Guardianship and Trusteeship Act
or is the subject of a
certificate of incapacity that is in effect under the Public
Trustee Act,
(ii) is a formal patient as defined in the Mental Health Act,
or
(iii) repealed 2021 c18 s18;
(iv) has been found to be a person of unsound mind by a
court elsewhere than in Alberta;
(c) a person who is not an individual;
(d) a person who has the status of bankrupt.
(2) Unless the articles otherwise provide, a director of a
corporation is not required to hold shares issued by the corporation.
(3) Repealed 2020 c25 s1.
(4) Repealed 2005 c8 s21.
RSA 2000

(5) A person who is elected or appointed a director is not a director
unless
(a) the person was present at the meeting when the person was
elected or appointed and did not refuse to act as a director,
or
(b) if the person was not present at the meeting when the pers on
was elected or appointed,
(i) the person consented to act as a director in writing
before the person's election or appointment or within 10
days after it, or
(ii) the person has acted as a director pursuant to the electi on
or appointment.
(6) For the purpose of subsection (5), a person who is elected or
appointed a director and refuses under subsection (5)(a) or fails to
consent or act under subsection (5)(b) is deemed not to have been
elected or appointed a director.
RSA 2000 cB-9 s105;2005 c8 s21;2008 cA-4.2 s121;
2020 c25 s1;2021 c18 s18