I recently received a question from a client about whether it’s possible to change the articles of incorporation. I was wondering why I was receiving such a question. And no, you cannot change your original articles of incorporation. They stay the same. However, you can have articles of amendment, restated articles etc.
Original documents like articles of incorporation don’t change. They are historical documents that were hopefully accurate when filed.
It is unfortunate that someone would assume, with all the changes in this world, that a charity’s address would be the same 10 or 20 years later.
Apparently, someone had sent a cheque to the old address listed on the articles of incorporation!
My normal advice is if you want to know what the charity’s real address is you can
- check CRA’s website
- check on the corporate registry such as the CNCA (which is public and free or the Ontario Business Registry which is public but not free)
- review the website of the charity
- call the charity or email them to confirm the correct address.
That is what I would normally say. A few days ago I heard a presentation from the Charities Directorate that indicated that 30% of addresses that CRA has on their database are inaccurate! There can be serious consequences of not having the correct address with CRA. You may not get important notices from CRA including reminders that your T3010 has not been filed. You may not receive important cheques or documents from donors or partners.
So please check that your organization’s contact information on the various regulators is correct, including:
If a registered charity, then CRA Charities Listing:
https://apps.cra-arc.gc.ca/ebci/hacc/srch/pub/dsplyAdvncdSrch (free search) (Change public contact information or address on CRA website)
If you are a Federal Corporation, then Corporations Canada (free search, and you can even get documents quickly) (Change registered office address):
https://ised-isde.canada.ca/cc/lgcy/fdrlCrpSrch.html?locale=en_CA
If an Ontario corporation under the Ontario Not-for-Profit Corporations Act (“ONCA”)((unfortunately, you need to do a Profile Report as the free search only gives City and Province):
https://www.ontario.ca/page/ontario-business-registry
Also, check that the contact information on your own website and social media is correct.