The purpose of this article is to identify the five key notifications required when your association board members change, so that all those who should be notified are told on a timely basis.
Adding or Removing an Association Board Member
The requirements are the same if there is a new person joining the current association board members or if a person leaves the board. In many cases, notification is required if a board member’s address changes.
There may be legal penalties and/or delays in obtaining vital informaiton if you do not complete the necessary paperwork promptly.
The following are the organizations who an association must advise of a change in board membership:
1. Canada Revenue Agency (CRA)
CRA requires that you send a letter to them when your association board members change, providing the name(s) and social insurance number(s) of individuals joining and/or leaving your association’s board. The letter must include a copy of the minutes of the meeting that make mention of the change(s). The letter should be sent to your nearest CRA office.
“It is important that we have the correct director name and social insurance number (SIN) on file because if a corporation (including for-profit or non-profit corporations) fails to deduct, withhold, remit, or pay amounts held in trust for the Receiver General for Canada, the directors of the corporation at the time of failure may be held personally liable along with the corporation to pay the amount owing. This amount includes penalties and interest.”1
2. Corporations Canada
Corporations Canada requires changes to the membership of your board be reported using Form 4006, Changes Regarding Directors, if a your association has transitioned into or was created under the new legislation – Canada Not-for-profit Corporations Act.2
This form must be completed within 15 days of the change in your association board membersor, in the case of a change to a director’s address, within 15 days of being notified of the change.
If your association is not incorporated federally, then you have to notify the appropriate provincial office. You can find a list of the provincial registrars at ic.gc.ca/eic/site/cd-dgc.nsf/eng/cs01134.html.
After your association’s Annual General Meeting (AGM), you may also wish to update CRA’s Business Consent Form that identifies who CRA may speak with on behalf of your association.
3. Charities Directorate
If your association is a registered charity, then you must advise the Charities Directorate, using Form T1235 Directors/Trustees and Like Officials Worksheet, of the change(s).
The information on this form includes each board member’s date of birth.
4. Bank/Credit Union
When the signing officers for your association change, (as is often the case when your association board members change) then you need to contact your bank or credit union to have new banking documents prepared and signed by the new banking officers.
These documents usually have to be signed in-person by each signing officer at a branch of the bank/credit union.
5. Investment Advisor
Your association’s investment advisor will also need to be contacted if there is a change in the signing officers for the account(s).
Typically, the information required by your investment advisor to change signing officers is very detailed and these forms must be signed in-person.
Stay on Top of Association Board Members When They Change
The big lesson here is that by making these changes an automatic part of an AGM process you can potentially save your association a lot of grief and inconvenience over the long term.
1. cra-arc.gc.ca/tx/bsnss/tpcs/lf-vnts/wnr/menu-eng.html (retrieved March 5, 2015).
2. ic.gc.ca/eic/site/cd-dgc.nsf/eng/cs04956.html (retrieved March 5, 2015).
The above article is provided for informational purposes only. It constitutes general information; it does not constitute legal or other professional advice, and you may not rely on it as such.