As part of incorporating a company, the shareholders must appoint at least one director who will generally be responsible for running (and/or delegating) the day-to-day operations of the company and have a responsibility to ensure the company complies with certain obligations. All directors of a company must provide the delivery address for the office at which the individual can usually be served with records between 9:00 a.m. and 4:00 p.m. on business days and, if different, the mailing address. The delivery address must not be a post office box.

A company must keep an up-to-date register of its directors and must file a Notice of Change of Directors with the BC Registries within 15 days of the company becoming aware of any change of directors or change of director’s addresses.

Information about directors is corporate information, and as such, is required to be made public in British Columbia (at least the names and addresses of the directors). It is important that it be made public because this disclosure lets people know who is responsible for the company and also provides contact information for service in the event of a claim. Those who may want to access public corporate information include shareholders, investors or legal counsel. While a person’s home address is usually considered to be personal information, the Privacy Act allows for this information to be made available to the public because corporate laws require its disclosure.

One way a company can be served in legal proceedings is by serving a director of the company pursuant to section 9(c) of the Business Corporations Act, so this is another reason to ensure this information is current with the Corporate Registry.

This information is general in nature only. You should consult a lawyer before acting on any of this information. This information should not be considered as legal advice. To learn more about your legal needs, please contact our office at (250)448-2637 or any of our lawyers practicing in the area of corporate law at the following:

Una Kuzio: una@touchstone.law