And we make this solemn declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath and by virtue of The Canada Evidence Act.

Declared before me at the

of......

in the Province of Alberta, this...... .day of.....

19..

A Commissioner in and for the Province of Alberta.

FORM B.

(Section 60.)

The undersigned is the owner, or about to become the owner of the following farm land,

and desires to borrow thereon the sum of.

and accordingly hereby makes application for..

shares in the said association.

A promissory note for the sum of....

being two and one half per cent.

of the face value of the shares applied for is herewith enclosed, or as the case may be.

(Signature)

HIS

1924

CHAPTER 5.

An Act respecting Co-operative Marketing

Associations.

(Assented to April 12, 1924.)

IS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows:

SHORT TITLE.

1. This Act may be cited as "The Co-operative Marketing Short title Associations Act."

INTERPRETATION.

2. In this Act, unless the context otherwise requires Interpretation (a) "Agricultural products" shall include horticultural, Agricultural forestry, dairy, livestock, poultry, bee, farm and products ranch products;

(b) "Association" shall mean an association incorpor- Association ated under the provisions of this Act;

(c) "Extraordinary resolution" shall mean a resolution Extraordinary which has been passed by a majority of not less than resolution three-fourths of such members entitled to vote as are present in person or by proxy (where proxies are allowed) at at general meeting of which notice specifying the intention to propose the resolution as an extraordinary resolution has been duly given;

(d) "Minister" shall mean the Provincial Secretary; Minister (e) "Registrar" shall mean the Registrar of Joint Stock Registrar Companies.

INCORPORATION.

3. Any ten or more persons resident in the Province may, Incorporation by subscribing their names to a memorandum of association and otherwise complying with the requirements of this Act in respect of registration, form a co-operative association, with the general object of encouraging the marketing of agricultural products through co-operation either with or without a capital divided into shares.

Contents of memorandum

4.—(1) The memorandum must state the name of the of association association, the objects of the association, the amount of share capital with which the association proposes to be registered, the division thereof into shares of a fixed amount, (if there is any such share capital), and also the place in the Province at which the registered office of the association is to be situated.

Signature of memorandum

Registration

of articles of association

Form, etc., of articles

Effect of

registration of memorandum and articles

(2) Where there is a share capital and such share capital is to be divided into preference and ordinary shares, the memorandum must state the number of shares of each class, and the nature and definite extent of the preference and privileges granted to each class, the maximum dividend not exceeding eight per cent. to be paid in respect of each class of shares, and the right or absence of right of holders of preferred shares to vote.

(3) If there is no share capital the memorandum must state whether the interest of each member of the association is to be the same as that of every other member, and if not, the general rule or rules applicable to all the members by which their respective interests may be determined, together with provision for the admission of new members.

(4) The memorandum shall further state the number of directors of the association, which must be not less than five, and may be any greater number, the term of office of such directors, and the names and addresses of persons who are to serve as directors of the association until the date of the first general meeting thereof.

5. The memorandum shall be signed by each subscriber in the presence of at least one witness who must attest the signature.

6. There shall be registered with the memorandum, articles of association signed by the subscribers to the memorandum prescribing regulations for the association.

7. The articles of association must

(a) be printed or typewritten;

(b) be divided into paragraphs numbered consecutively;

and

(c) be signed by each subscriber to the memorandum of association in the presence of at least one wit

ness.

8. The memorandum and articles shall, when registered, bind the association and the members thereof to the same extent as if they respectively had been signed and sealed by each member, and contained covenants on the part

of each member, his heirs, executors and administrators, to observe all the provisions of the memorandum and of the article, subject to the provisions of this Act.

9. All money payable by any member to the association under the memorandum or articles shall be a debt due from him to the association.

10. The memorandum and articles of association shall be delivered to the Registrar and he shall retain and register them.

11. On the registration of a memorandum of association Certificate of the Registrar shall certify under his hand that the associa- incorporation tion is incorporated.

incorporation

12. From the date of incorporation mentioned in the Effect of certificate of incorporation, the subscribers of the memorandum, together with such other persons as may from time to time become members of the association, shall be a body corporate by the name contained in the memorandum, capable forthwith of exercising all the functions of an incorporated company, and having perpetual succession and a common seal, with power to hold lands, but with such liability on the part of the members to contribute to the assets of the company in the event of its being wound up, as is mentioned in this Act.

regularity

13. (1) A certificate of incorporation given by the Certificate as Registrar in respect of any association shall be conclusive evidence of evidence that all the requirements of this Act in respect of registration and of matters precedent and incidental thereto have been complied with, and that the association is an association authorized to be registered and duly registered under this Act.

(2) A statutory declaration by a person named in the articles as a director or secretary of the association, of compliance with all or any of the said requirements, shall be produced to the Registrar, and the Registrar may accept such a declaration as sufficient evidence of compliance.

MEMORANDUM OF ASSOCIATION.

14. (1) There may be inserted in the memorandum of Objects association any objects or powers which are in the opinion of the Registrar, calculated to attain the general object of the association as hereinbefore set out, and in particular, but without in any way restricting the generality of the fore

Marketing

Acquisition of

equipment,

etc.

Borrowing

Making advances

Allied businesses

Co-operation with similar undertakings

going words, there may be inserted in the memorandum of association as an object or power, any of the following objects or powers

(a) to undertake and carry on all kinds of businesses
or operations connected with the marketing, selling,
preserving, harvesting, drying, processing, manu-
facturing, canning, packing, grading, storing, handl-
ing or utilization of any agricultural product, pro-
duced or delivered to it by its members, or the manu-
facturing or marketing of the by-products thereof;
(b) to acquire or hire all kinds of supplies, machinery
or equipment, and to make provision for the sale or
hire, or for the extension of the use of the same to
its members;

(c) to borrow or raise or secure the payment of money
in such manner as the association thinks fit, and in
particular by the issue of bonds, debentures, deben-
ture stock (perpetual or otherwise) charged upon
any or all of the association's property, both present
and future including its uncalled capital, and to
purchase, redeem or pay off any such securities;
(d) to advance money to its members on such terms
as may seem expedient;

(e) to carry on any other business (whether manufac-
turing or otherwise) which may seem to the asso-
ciation capable of being conveniently carried on in
connection with the above, or calculated directly or
indirectly to enhance the value of, or render profit-
able any of the association's property or rights;
(f) to enter into partnership or into any arrangement
for sharing profits, union of interests, co-operation,
joint adventure, reciprocal concession, or otherwise,
with any person or company carrying on or engaged
in, or about to carry on or engage in, any business
or transaction which the association is authorized
to carry on or engage in, or any business or trans-
action capable of being conducted so as directly or
indirectly to benefit this association, and to lend
money to, guarantee the contracts of, or otherwise
assist any such person or company and to take or
otherwise acquire shares and securities of any such
company, and to sell, hold, re-issue, with or without
guarantee, or otherwise deal with the same;

(g) to unite with any other association in employing and
using the same personnel, methods, means and agen-
cies for carrying on and conducting their respective
businesses, or to use the personnel, methods, means
and agencies of another association by separate em-
ployment;