An applicant agent means a person
- (a) who is not a director or officer of the company, and
- (b) who is authorized by the company to maintain the registered office of the company.
An applicant agent who maintains the registered office of a company may apply to the registrar, in an application to transfer registered office in the form established by the registrar, to transfer the location of the registered office to the British Columbia residence of a director or officer of the company.
At least 21 days before submitting an application under subsection (2) to the registrar for filing, the applicant agent must, subject to subsection (5), provide to the director or officer referred to in subsection (2) a notice in writing
- (a) advising that the applicant agent will make an application under this section unless, within 21 days after the date of the notice, the company files with the registrar a notice of change of address under section 35 to transfer the location of its registered office, and
- (b) specifying the British Columbia residence address of the director or officer as the address to which the location of the registered office is to be transferred by the application.
An applicant agent must provide to the registrar, concurrently with submitting the application to the registrar for filing, an affidavit of the applicant agent
- (a) confirming that subsection (3) has been complied with,
- (b) proposing that the registered office be located at the residence address specified, under subsection (3) (b), in the notice referred to in that subsection,
- (c) describing that residence address as a mailing address and as a delivery address,
- (d) providing the reasons for the applicant agent’s belief that the proposed location, as described, is the residence of the director or officer referred to in the application, and
- (e) providing proof
- (i) that the director or officer referred to in the application received the notice referred to in subsection (3), or
- (ii) in a case to which subsection (5) applies, that the applicant agent complied with the court order made under that subsection.
An applicant agent who is unable to ensure receipt by the director or officer of the notice referred to in subsection (3) may apply to the court for an order of substituted service of that notice and may serve that notice in accordance with any order made in response to that application.
A director or officer who receives the notice referred to in subsection (3) may apply to the court for an order that the location of the registered office not be transferred to the residence of the director or officer.
The registered office of the company is transferred to the residence address specified in the application under subsection (2) at the beginning of the day following the date on which the application is filed with the registrar.
- (7.1) If a company to which subsection (7) applies has a notice of articles, the company’s notice of articles is, at the time that its registered office is transferred, altered to reflect that transfer.
After the registered office of a company is transferred under this section, the registrar must
- (a) furnish to the company,
- (i) if the company has a notice of articles, a certified copy of the notice of articles as altered, or
- (ii) in any other case, confirmation of the transfer of the registered office, and
- (b) furnish a copy of the notice of articles or the confirmation, as the case may be, to the applicant agent.
British Columbia Incorporation Service
Company Formations Canada provides fast and easy British Columbia Incorporation Service to Canadian residents and non-Canadian residents wishing to start and operate a new business in British Columbia and Canada:
British Columbia Incorporation service for Canadians
British Columbia Incorporation Service for Non-Canadians residents
