Notice of Court-Appointed Liquidator or Receiver in Alberta
A Notice of Court-Appointed Liquidator or Receiver in Alberta is a formal filing to record that a court has appointed a liquidator or receiver for a corporation, updating Alberta Corporate Registry to reflect court-supervised control.
Good Standing AI is not a law firm and does not provide legal advice. The information in this Knowledge Base is for general informational purposes only and may not be accurate or up-to-date. You should verify any procedures with official sources and consult qualified legal professionals for guidance.
⚖️ Court-Appointed Control Overview
When an Alberta corporation is placed into court-ordered liquidation or receivership, the Court of King's Bench appoints a liquidator or receiver to take charge of the company (for example, on an oppression claim or insolvency). In such cases, the appointed liquidator or receiver must promptly file a Notice of Court-Appointed Liquidator or Receiver with Alberta Corporate Registry.
⏰ Filing Deadline:
"Forthwith" (immediately)
👤 Who Files:
Appointed liquidator/receiver
📋 Effect:
Updates public registry status
Liquidator vs. Receiver
🔄 Court-Appointed Liquidator
Purpose: Wind up and dissolve the corporation
- • Collect and sell all company assets
- • Pay off all liabilities and debts
- • Distribute remaining funds to shareholders
- • Ultimately leads to company dissolution
- • Tasked with ending the company's existence
🏛️ Court-Appointed Receiver
Purpose: Control specific assets or business operations
- • Preserve and manage company assets
- • Often for benefit of secured creditors
- • May run business temporarily
- • Doesn't necessarily end in dissolution
- • Focuses on asset recovery/preservation
⚠️ Important Distinction: Court vs. Private Appointment
This notice requirement applies only to court-appointed liquidators and receivers. Private receiverships (appointed by secured creditors under security agreements) do not require filing with Alberta Corporate Registry.
Filing Required For:
- • Court-ordered liquidations (ABCA Section 215)
- • Court-appointed receivers/receiver-managers
- • Any court-supervised insolvency proceedings
Step-by-Step Filing Process
Obtain the Court Order
Get a certified copy of the court order appointing the liquidator or receiver from the Court of King's Bench.
Required Information from Court Order:
- • Court file number and date of appointment
- • Name and address of appointed liquidator/receiver
- • Corporation name and registration number
- • Specific terms and scope of appointment
- • Any special powers or restrictions
Complete the Required Notice Form
Different forms are required depending on whether a liquidator or receiver is appointed.
For Liquidator Appointment:
Complete the official "Notice of Court-Ordered Appointment or Discharge of Liquidator" (Form REG3128) with corporation details, liquidator information, court file reference, and date of appointment.
For Receiver Appointment:
No pre-printed form exists. Prepare a notice letter or cover sheet to accompany the court order. Alberta Corporate Registry will accept the court order itself plus supporting documentation as the notice.
Submit to Authorized Registry Agent
File through an authorized Alberta registry service provider with required documents and fees.
Required Items:
- • Completed form or court order
- • Government-issued photo ID
- • Payment for filing fees
- • Any supporting documentation
💰 Fee Structure
Government Fee: ~$25
Registry Agent Service Fee: Varies by provider
Court Order Copy: No additional fee
Registry Updates and Publication
Corporate Registry updates the company status and publishes public notice of the appointment.
What Happens Next:
- • Corporate Registry updates company status
- • Notice published in Alberta Gazette
- • Public record shows liquidator/receiver control
- • Stakeholders can verify appointment status
Ongoing Reports and Final Discharge
File additional reports during the process and notice of discharge when complete.
Additional Filings Required:
- • Liquidation Reports: Financial statements during liquidation
- • Receiver's Reports: Periodic status reports to court/stakeholders
- • Notice of Discharge: When liquidator/receiver is discharged
- • Articles of Dissolution: If liquidation results in dissolution
Legal Framework
📚 ABCA Section 215 - Court's Power to Liquidate
Empowers the Court of King's Bench to order liquidation and dissolution of an Alberta corporation in circumstances such as oppression, insolvency, or when it's just and equitable to do so.
Application: When such an order is made, the court typically appoints a liquidator or receiver to implement the liquidation process.
⚖️ ABCA Section 222(1)(a) - Notification Requirement
Imposes a duty on court-appointed liquidators to "notify the Corporate Registrar forthwith of their appointment". The liquidator must give notice immediately after appointment.
Statutory Language:
"The liquidator shall forthwith after the liquidator's appointment give notice of the liquidator's appointment to the Registrar."
📢 ABCA Section 222(1)(b) - Public Notice Requirements
Requires liquidators to publish notices of appointment to alert creditors and other stakeholders.
Publication Requirements:
- • Notice in Alberta Gazette (done by Registrar)
- • Two consecutive weeks in local newspaper
- • Reasonable steps to notify creditors in all jurisdictions
- • Minimum 2-month deadline for creditor claims
📰 ABCA Section 222.1 - Registrar Publication Duty
Added in 2022, requires the Registrar to publish notice of liquidator appointments in the Alberta Gazette upon receiving the notice.
Purpose: Complements the liquidator's own publication duties and ensures broad public awareness of court-appointed control.
Frequently Asked Questions
Who is responsible for filing this notice, and how soon must it be filed?
The responsibility lies with the court-appointed liquidator or receiver (often via their lawyer). The filing must be done immediately after the appointment.
Timing: Alberta law requires notice "forthwith" – without delay. In practice, this means within a few days at most of the court order being issued. Prompt filing ensures compliance and informs authorities and creditors of the change in control.
Our secured creditor appointed a private receiver (without a court order) – do we need to file a notice?
No Filing Required
If a receiver is privately appointed by a lender without a court order, there is no statutory requirement to file a notice with Corporate Registry. The notice requirement applies specifically to court-ordered appointments.
• Private receivers operate under security agreements and federal Bankruptcy and Insolvency Act
• Only court-sanctioned liquidations/receiverships trigger formal Alberta filing requirements
• Private receivers may choose to notify registry for transparency but it's not mandatory
Where and how do we file the notice, and what are the fees?
The notice must be filed through an Alberta registry agent (Authorized Service Provider). Online self-serve filing is not available.
Required for Filing:
- • Completed form or court order
- • Government-issued photo ID
- • Payment for government and service fees
💰 Fee Structure
Government Fee: ~CAD $25
Registry Agent Fee: Small service charge
Court Order Copy: No additional fee
Does filing this notice dissolve the company or stop its business activities?
No - Company Continues to Exist
Filing the notice does not dissolve the corporation. The company remains a legal entity, but control shifts to the liquidator or receiver. The notice is simply a status update, not the end of the company's existence.
Liquidation Effect:
- • Liquidator winds up affairs gradually
- • Limited business may continue if necessary
- • Actual dissolution requires separate Articles of Dissolution
Receivership Effect:
- • Receiver manages assets/operations
- • Directors' powers suspended
- • Corporation continues to exist
What is the difference between a court-appointed liquidator and a receiver?
Both roles involve court-appointed officials taking control, but their purposes and outcomes differ significantly.
Liquidator:
- • Goal: Wind up and dissolve corporation
- • Sell all assets and pay liabilities
- • Distribute remaining funds to shareholders
- • Process ends in company dissolution
Receiver:
- • Goal: Control specific assets/operations
- • Often for benefit of secured creditors
- • May preserve and sell assets or run business
- • Doesn't necessarily end in dissolution
Related Articles
Articles of Revival and Restoration in Alberta
Learn how to revive a dissolved corporation if liquidation/receivership doesn't result in dissolution.
Annual Return Requirements in Alberta
Understanding compliance obligations that help avoid circumstances leading to court intervention.
Corporate Compliance Requirements
Overview of ongoing compliance obligations to maintain good standing and avoid insolvency issues.
⚖️ Court Proceedings Require Legal Expertise
Court-appointed liquidations and receiverships involve complex legal procedures. Professional legal and insolvency expertise is essential for proper compliance and stakeholder protection.
Legal Compliance
Statutory deadlines and court orders
Stakeholder Notice
Creditor and shareholder communications
Asset Management
Professional fiduciary oversight
📚 Sources & References
- • Business Corporations Act, RSA 2000, c. B-9, Section 215 – Court's power to liquidate/dissolve (CanLII)
- • Business Corporations Act, RSA 2000, c. B-9, Section 222(1)(a) – Liquidator to give notice to Registrar (CanLII)
- • Business Corporations Act, RSA 2000, c. B-9, Section 222(1)(b) – Liquidator to publish notice to creditors (CanLII)
- • Business Corporations Act, RSA 2000, c. B-9, Section 222.1 – Registrar to publish appointment in Gazette (added 2021)
- • Service Alberta – Alberta Corporate Registry: Liquidate or Dissolve a Corporation (process overview and forms)
- • Service Alberta – Corporate Registry Forms: "Notice of Court-Ordered Appointment or Discharge of Liquidator" (Form REG3128)
- • McLennan Ross LLP – "Resolve or Dissolve? The Drastic Remedy of Liquidation and Dissolution" (Dec 2022)
- • Service Alberta – Land Titles Procedure Manual "REC-1 – Receivership Orders" (background on receivers vs liquidators)