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Board Resolution For Mortgage Of Property for Canada

Board Resolution For Mortgage Of Property Template for Canada

A formal corporate document drafted under Canadian federal and provincial laws that records the board of directors' authorization to mortgage company property. This resolution outlines the specific terms of the mortgage transaction, including property details, loan amount, and authorized signatories. It serves as official evidence of corporate approval and compliance with governance requirements, incorporating relevant provisions from the Canada Business Corporations Act or applicable provincial corporation laws. The document includes certification of proper authorization and typically requires specific formatting and execution to meet legal and institutional lender requirements.

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Board Resolution For Mortgage Of Property

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What is a Board Resolution For Mortgage Of Property?

A Board Resolution For Mortgage of Property is a crucial corporate governance document required in Canadian jurisdictions when a company seeks to mortgage its real property assets. This document is necessary to comply with both federal and provincial corporate laws, demonstrating that the decision to mortgage property has been properly authorized at the board level. The resolution is typically required by lending institutions as part of their due diligence process and must be prepared in accordance with the company's bylaws and applicable corporate legislation. It provides evidence that the transaction has been approved by the required majority of directors at a properly constituted board meeting, and includes specific details about the property, mortgage terms, and authorized signatories. The document is particularly important for protecting both the corporation and the lender by ensuring proper corporate authorization and compliance with governance requirements.

What sections should be included in a Board Resolution For Mortgage Of Property?

1. Header: Corporate name, meeting details, date, time, and place of meeting

2. Attendance: List of directors present and confirmation of quorum

3. Chairperson and Secretary: Identification of the meeting's chairperson and secretary

4. Notice and Quorum: Confirmation that proper notice was given and quorum was achieved

5. Background/Recitals: Context of the resolution, including purpose of the mortgage and property details

6. Property Description: Detailed legal description of the property to be mortgaged

7. Mortgage Details: Key terms of the mortgage including amount, interest rate, and lender details

8. Resolution: The formal resolution text authorizing the mortgage and related actions

9. Authorization: Specific authorization for officers to execute necessary documents

10. Certification: Secretary's certification of the resolution's validity

11. Signature Block: Space for required signatures and dates

What sections are optional to include in a Board Resolution For Mortgage Of Property?

1. Related Resolutions: Reference to previous or related board resolutions when the mortgage is part of a larger transaction

2. Additional Security: When additional security beyond the mortgage is being provided

3. Special Conditions: Any special conditions or requirements imposed by the lender or board

4. Corporate Seal: Section for affixing corporate seal if required by bylaws or lender

5. Dissent: Record of any directors' dissenting votes or abstentions

6. Legal Opinion: Reference to required legal opinions when specifically requested by lender

What schedules should be included in a Board Resolution For Mortgage Of Property?

1. Schedule A - Property Description: Detailed legal description of the property including lot numbers, plans, and registration details

2. Schedule B - Mortgage Terms: Complete terms and conditions of the mortgage agreement

3. Schedule C - Officer Authorization List: List of authorized officers with their titles and signing authority limits

4. Appendix 1 - Corporate Registry Search: Recent corporate registry search confirming good standing

5. Appendix 2 - Property Title Search: Current title search for the subject property

6. Appendix 3 - Meeting Notice: Copy of the notice given to directors for the meeting

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Canada

Publisher

Ƶ

Document Type

Mortgage Document

Cost

Free to use
Relevant legal definitions






























Clauses




















Relevant Industries

Real Estate

Banking and Financial Services

Commercial Property

Industrial Manufacturing

Retail

Hospitality

Healthcare

Technology

Education

Non-Profit Organizations

Professional Services

Construction and Development

Relevant Teams

Legal

Finance

Corporate Secretariat

Real Estate

Risk Management

Compliance

Operations

Corporate Governance

Treasury

Business Development

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Corporate Secretary

Board Director

Legal Counsel

Real Estate Manager

Property Manager

Finance Director

Corporate Treasurer

Risk Manager

Compliance Officer

Business Development Director

Operations Manager

Corporate Governance Officer

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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