Part 10 — Dissolution Division 1 Cancellation of Incorporation
206 Restoration of company to register
aggrieved by the company having been struck off the register, the
Court, on the application of the company or member or creditor,
may, if satisfied that the company was at the time of the striking off
carrying on business or in operation, or otherwise that it is just that
the company be restored to the register, order the company to be
restored to the register, and on a copy of the order being filed with
the Registrar the company shall be deemed to have continued in
existence as if it had not been struck off, and the Court may by the
order give any directions and make any provisions that seem just
for placing the company and all other persons in the same position
as nearly as possible as if the company had not been struck off, but
without prejudice to the rights of parties acquired prior to the date
on which the company is restored to the register.
(1.1) Repealed 2021 c18 s75.
(2) When an application to the Court to restore a company to the
register is made under this section,
(a) notice of the application shall be given to the Registrar,
(b) a copy of the order shall be filed with the Registrar but no
order takes effect until any lawful requirements in respect of
the company are fulfilled and the order is filed,
(c) on receipt of a copy of the order, the Registrar shall publish
a notice of the restoration of the company to the register in
The Alberta Gazette or the Registrar's periodical,
(d) if the application is not m ade within 3 years from the date
on which the company was struck off, and another company
has been incorporated under the same or a similar name, and
the Registrar objects to the restoration of the company under
its own name, the Court shall by the order provide that the
company be restored under another name approved by the
Registrar in writing, and the order, subject to clause (b),
takes effect in the same manner as if the company had
changed its name and the Registrar had issued a certificate
in accordance with this Act, and
(e) the Court may make an order restoring the company for a
limited period or for the purpose of carrying out a particular
purpose, and after the expiration of that period, or the
RSA 2000
execution of that purpose, the company shall forthwith be
struck off the register by the Registrar.
(f) repealed 2020 c25 s2(87).
(3) Where the Registrar receives notice of an application under this
section the Registrar may require the applicant to provide to the
Registrar documents relating to corporate names that are prescribed
by the regulations.
RSA 2000 cC-21 s206;2007 cU-1.5 s69;2009 c48 s3;
2020 c25 s2(86);2021 c18 s75
207 Repealed 2020 c25 s2(88).