Merger or amalgamation of charities or non-profits
Combining two charities or non-profits, with the agreement, approvals, CRA steps and asset transfer.
Timing depends on member approvals and on CRA and government processing; the lawyer confirms it in writing before work starts. Ontario Done by an Ontario lawyer, by referral
What is included
Plans the steps and the approvals required
Prepares member and board resolutions
Deals with CRA on revocation, final returns and transfers of assets
Files the dissolution or amalgamation documents
Advises on moving remaining assets to eligible recipients
What is not included
Government filing fees and other disbursements
Bookkeeping, audit or accounting services
Court applications or appeals not covered by the lawyer's written retainer
Advice on foreign law for activities outside Canada
Who this service is for
Charities and not-for-profits that are merging
Charities that are closing down
Inactive not-for-profits that need to be formally dissolved
Information to have ready
1Governing documents and the member list
2Financial statements and a list of assets
3Recent CRA filings
4Details of any proposed recipient organization
How a referral works
1Tell us in a few words what the matter is about, and who else is involved, so we can check for a conflict of interest.
2We recommend an Ontario lawyer for your matter, and at least one other you could choose instead.
3The lawyer runs their own conflict check, confirms the scope and quotes the fee, normally in a written retainer agreement.
4You pay the lawyer's fee to the lawyer. Any referral fee comes out of it, is disclosed to you in writing, and never increases what you pay.
A typical Ontario fee for this service is $6,000–$20,000, plus HST. The lawyer quotes the actual fee before any work starts. You pay the lawyer directly; the referral itself costs you nothing.
What happens to a charity's assets when it closes?+
They generally have to go to an eligible recipient, such as another registered charity, or a revocation tax may apply. Planning the transfer before revocation matters.
Can two charities simply combine?+
They can merge or amalgamate, but it takes member approvals, corporate filings and CRA steps, and gifts with restrictions may need special handling.
General information only, not legal advice. NEO Legal Services Professional Corporation is a licensed paralegal firm regulated by the Law Society of Ontario.
Important limitations
No outcome can be guaranteed, including CRA registration or approval
CRA and government processing times are outside the lawyer's control
The board remains responsible for the organization's decisions and filings