Calgary Corporate Lawyer

Christopher R. Neufeld

Neufeld Legal Professional Corporation

Main    Lawyer    Corporate Structure    Business Buy/Sell    Joint Venture    Contract    Operation    Oil / Gas    IPO    Email


A pivotal first step in any business enterprise is the structuring of the business entity that is to carry out the particular engagement, such that accomodates the various demands that are imposed upon it through its 'life-cycle'. There are a multitude of consideration that need to be accounted for when ascertaining and implementing the structure that is to carry on the particular business enterprise, ranging from operational to financial and investing to legal and regulatory to the integration of personality. Each facet must be properly considered, otherwise the business entity will run into problems down the road, from which it will not have the proper means from which to recover and move forward.

As such, it is important that the appropriate legal counsel is retained when structuring the business, such that it is not only properly constituted at the outset, but that it has the mechanisms in place to deal with the challenges that will arise in the future. It is inevitable that challenges shall arise for any business entity (whether a corporation, partnership, joint venture or other legal construct), which will require hard decisions and a means for arriving at those hard decisions. For without the means to address and resolve problematic situations, where there is the potential for an impasse without a pre-existing game plan, the business will be ground to a halt and existing momentum will be lost (with the possibility that it might never be recovered). Given this stark reality, it is in the interest of the founders of every business to properly structure their enterprise with legal counsel so as to improve its potential for success.

At Neufeld Legal P.C., we strive to provide Calgary companies and corporate enterprise into Alberta with the experienced and focused legal representation that will effectively advance its corporate objectives. Contact us at or 403-400-4092.

Corporate law in Calgary and Alberta is driven in part by statute and the interpretation / application thereof. A key statute is the Business Corporations Act (Alberta), with the following being a segment thereof that is of significance:

"Articles of incorporation
6(1) Subject to section 15.3, articles of incorporation shall be in the prescribed form and shall set out, in respect of the proposed corporation,
(a) the name of the corporation,
(b) the classes and any maximum number of shares that the corporation is authorized to issue, and
(i) if there are 2 or more classes of shares, the special rights, privileges, restrictions and conditions attaching to each class of shares, and
(ii) if a class of shares may be issued in series, the authority given to the directors to fix the number of shares in, and to determine the designation of each series, and the rights, privileges, restrictions and conditions attaching to the shares of each series,
(c) if the right to transfer shares of the corporation is to be restricted, a statement that the right to transfer shares is restricted and either
(i) a statement of the nature of the restrictions, or
(ii) a statement that the nature of the restrictions appears in a unanimous shareholder agreement,
(d) the number of directors or, subject to section 107(a), the minimum and maximum number of directors of the corporation, and
(e) any restrictions on the businesses that the corporation may carry on.
(2) The articles may set out any provision permitted by this Act or by law to be set out in the bylaws of the corporation.
(3) Subject to subsection (4), if the articles or a unanimous shareholder agreement require a greater number of votes of directors or shareholders than that required by the Act to effect any action, the provisions of the articles or of the unanimous shareholder agreement prevail.
(4) The articles may not require a greater number of votes of shareholders to remove a director than the number required by section 109."

It should nevertheless be noted that this represents merely an extract from the statute, with the full text being available at the following link. Also, it is advisable in almost all circumstances to engage knowledgeable legal counsel to deal with matters of a legal nature and how the provincial statute impacts your business.

The law offices of Neufeld Legal Professional Corporation (headquartered at 1600, 144 4th Avenue, Calgary, Alberta) are directed at provided businesses in Calgary, and throughout Alberta, with experienced and competent legal services that are intended to assist in the advancement of business-related legal projects, from contracts and buying/selling a business to joint ventures / strategic partnership and commercial financing. Alberta Incorporation. Legal Disclaimer. Privacy Policy. Copyright 2013.