Modifications to Corporate Constitutions in Alberta: An Empirical Study

  • Roderick J. Wood
  • Murray T. Brown
  • Richard W. Bauman


This study examines the extent to which publicly traded Alberta corporations have included provisions in their corporate constitutions that modify or vary a corporate governance rule that would otherwise apply. Part I discusses the notion of contractual freedom in corporate law and identifies the instances in which modifications are permitted under the Alberta business corporations statute. Part II outlines the methodology used in carrying out the survey of corporate constitutions and provides a summary of the results. Part III provides a more extensive discussion of the legal framework pertaining to the rule and analyzes some of the implications arising out of the results of the survey.