01/05/2010
Bill 87: the new Act respecting the legal publicity
of enterprises is coming!
On 16 March the Minister of Revenue Robert Dutil filed before the National
Assembly Bill 87 aimed to modernize the Act respecting the legal publicity of
enterprises.
The Committee on Public Finance met on 13 and 22 April for the analysis of
the Act section by section and filed its report with the approved amendments
before the National Assembly on April 27.
EXPLANATORY NOTES
To see the Ministry of Revenue's pertinent web page, click here: http://www.assnat.qc.ca/en/travaux-parlementaires/projets-loi/projet-loi-87-39-1.html
This bill consolidates the Act respecting the legal publicity of sole
proprietorships, partnerships and legal persons and the Act respecting the
enterprise registrar, and contains many of their provisions, including those
relating to the designation and functions of the enterprise registrar, the
keeping of the register of sole proprietorships, partnerships and legal
persons, the names that can be declared and used by registrants, the
registration of registrants and their obligation to keep the information
contained in the register up to date.
Under the bill, formalities for updating the information in the register
are simplified: for instance, the period for declaring a change is extended
and the information required to be included in various declarations is
harmonized. Registrants may be exempted from certain obligations in specific
cases, and the enterprise registrar is granted discretionary power in the
processing and correction of a filed document. The registrar may in certain
cases restrict access to certain information contained in the register if a
person's safety is threatened.
Rules are introduced to facilitate the electronic transmission of documents
required to be filed with the registrar under various Acts.
The register will be enhanced to contain more information on registrants, such
as the effective date of changes on the board of directors, the registrant's
bankrupt status, if applicable, and the filing deadline for the annual update.
To ensure compliance, new measures are introduced, including the
cancellation of a registrant's registration for failure to comply with
obligations under the bill, and the possible cancellation of the deposit of a
declaration in the register if the information it contains was not declared in
accordance with the applicable legislative provisions. Additional powers are
granted to the registrar to ensure that the names declared by registrants are
compliant.
All fees payable to the registrar are set out in one statute and are subject
to indexation.
Lastly, a number of provisions are designed to ensure coherence with other
laws, including the replacement of the right to appeal decisions of the
registrar before the Court of Québec by access to a remedy before the
Administrative Tribunal of Québec. The bill also contains consequential,
transitional and final provisions.
08/3/2010
news
Important notice from Corporations Canada's Director General:
March 8, 2010 As you may know, Corporations Canada will be launching its
new IT system on March 22, 2010. To ensure a smooth transition to our new
system during this major initiative, we will be deactivating the functions
associated with online submissions for amendments and pre-approval of names at
Noon on March 11, and for all other online submissions, such as
incorporations and certificates of compliance, at Noon on March 17.
(…) Please accept our apologies for this temporary inconvenience, along
with our assurances that this step is an essential part of our ongoing efforts
to serve you better. (…)
Richard G. Shaw Director General
Complete notice at http://www.ic.gc.ca/eic/site/cd-dgc.nsf/eng/cs04491.html
Italics are from us.
07/10/2009
New Bill on Quebec Business Corporations
Bill 63: Business Corporations Act
The Minister
of Finance, Raymond Bachand, has tabled Bill 63, Business
Companies Act, in the National Assembly. The Bill is a major reform
of the Companies act.
To see the
English press release please click here.
For a brief
description of Bill 63 click here.
For the actual Bill 63 click here.
We will soon announce the dates of our upcoming
conferences on this hot topic. These conferences will focus on theoretical
explanations and practical implications of the coming into force of this Act.
The conferences will be accredited by
the Bar and the Chambre des Notaires.
The dates will be posted on our website:
www.marquedor.com
14/07/2008
news
There must
be something in the air, since two more professions have
just joined the ranks of those authorized to carry on
professional activities within a corporation or limited
liability partnership. Indeed, denturologists and veterinary
surgeons are at the heels of four other professions; their
respective draft regulations were published earlier this year in
March. The regulations authorizing companies and limited
liability partnerships for these two professions were just
published in the July 10, 2008 edition of Part 2 of the Gazette officielle du Québec, Vol. 140, No. 28. They are: Regulation respecting the practice of denturology within a
partnership or a joint-stock company, O.C. 685-2008, G.O. 2,
2900 and Regulation respecting the practice of the profession
of veterinary surgeon within a partnership or a joint-stock
company, O.C. 688-2008, G.O. 2909 (the page numbers are
those of the English edition of the Gazette). Both Regulations
are due to come into force on the fifteenth day following their
publication in the Gazette, which in this case is July 24th,
2008.
The other four recent professions: optometrists,
guidance counsellors and psychoeducators, dentists as well as
pharmacists.
30/06/2008
news
Bill 47 – Securities and Other Financial Assets Transfer Act on June 18
was enacted by the National Assembly on June 18 and sanctioned by the
Lieutenant-Governor on June 20. This new legislation seeks to modernize
the rules governing transfers of securities in the Province of Quebec
and to harmonize them with similar rules found in the other provinces
and territories. The coming into force of this Act, which title was
changed to An Act respecting the transfer of securities and the
establishment of security entitlements (S.Q., 2008, c. 20; title in
French: Loi sur le transfert des valeurs mobilières et l’obtention de
titres intermédiés), is set for January 1, 2009 (s. 176).
30/06/2008
NEWS
On June 13th, the Secretary of State
Diane Ablonczy (Small Business and Tourism) introduced Bill C-62, the
Canada Not-For-Profit Corporations Act and Certain
Other Corporations. This Bill seeks
to modernize and simplify the rules governing federal not-for-profit
corporations that actually date back to 1917. This Bill follows the
federal government’s intent to reduce the paperwork burden for
organizations. It provides, among others, for the continuance of current
not-for-profit organizations under the future legislation.
To see Bill C-62,
click here.
For the press release,
click here.
19/06/2008
news
Dentists are now authorized authorized to practice the dental
profession within a corporation. The Regulation respecting the
practice of the dental profession within a limited liability partnership
or a joint-stock company, which states specific conditions to meet
in order to do so, was published earlier this month in the June 4, 2008
edition of Part 2 of the Gazette officielle du Québec (Vol. 140,
No. 23, p. 2047 of the English version). That regulation enters into
force today, June 19, 2008, on the fifteenth day following the date of
its publication in the Gazette.
17/06/2008
END OF 2008 SERIES OF CONFERENCES
We have now finished our 2008 series of conferences. Our conferences
were a hit once again and we would like to thank all of our attendees
for this resounding success. Your participation is quite stimulating for
us and confirms that our conferences provide a real service. See you
next year!
Marque d'or, Ready When You Need Us.
02/06/2008
NEWS
Pharmacists
will soon be authorized to practice pharmacy within a corporation. The
Regulation respecting the practice of pharmacy within a partnership
or a joint-stock company, which states specific conditions to meet
in order to do so, was published in last week’s edition of Part 2 of the
Gazette officielle du Québec (May 28, 2008, Part 2, Vol. 140, No.
22, p. 1655 of the English version). That regulation will enter into
force on the thirtieth day following the date of its publication
in the Gazette, i.e. June 27, 2008.
26/05/2008
NEWS
The Regulation respecting the practice of members of the Ordre des
conseillers et conseillères d’orientation et des psychoéducateurs et psychoéducatrices du Québec entered into force on May 22, 2008.
Guidance counsellors and psychoeducators may now practise their
profession within a corporation or limited liability partnership. An
overview of the conditions stated in the Regulation can be found in the
current issue of Telemark.
[Read the page]
21/05/2008
NEWS
The
Regulation respecting the practice of the profession of optometry within
a partnership or a company entered into force on May 15, 2008.
Optometrists are now allowed to practise their profession within a
corporation or limited liability partnership. An overview of the
conditions stated in the Regulation can be found in the current issue of
Telemark.
[Read the page]
30/01/2008
NEWS
On November 13, 2007, the Quebec Justice Minister introduced Bill no.
47 entitled Securities and Other Financial Assets Transfer Act.
An overview of this bill can be found in the current issue of Telemark.
[Read the page]
01/01/2008
We have a new image
Our Website and our image is different, but we remain Ready When You Need Us.
01/01/2008
New prices
Most of our prices have been updated for 2008.
14/12/2007
EXCEPTIONAL MEASURES SET UP FOR MASS PROCESSING OF THE ARTICLES
OF AMENDMENT IN EARLY 2008
The Enterprise Registrar notifies his customers that he has implemented exceptional measures in order to issue early next year the certificates of amendment resulting from the application of Regulation 45-106. The following is a translation of the Registrar’s message received in French.
« Message to our customers
Measures set up to process the applications to amend articles of incorporation
Last September we informed our customers that we had received a significant number of applications for articles of amendment. This exceptional situation was caused by the deadline related to Regulation 45-106 respecting Prospectus and Registration Exemptions.
As a result, innovative solutions were sought and set up in order to effectively deal with this situation. A new technological infrastructure was designed to help process these applications and to make it easier to adopt new mass processing procedures.
These changes were made on a priority basis and we are thus happy to inform you that the certificates for articles of amendment will be issued as early as January 2008. Consequently, the first few weeks of 2008 should see the reduction of the significant number of applications received during the fall.
With these measures, we seek to meet the needs of our customers and to ensure that their applications are processed in the usual time frame.
Direction du registre des entreprises »
11/06/2007
POSITION TAKEN BY Marque d’or WITH RESPECT TO THE COMING INTO FORCE
OF REGULATION 45-106 RESPECTING PROSPECTUS AND REGISTRATION EXEMPTIONS
[Read the page]
10/07/2006
TABLE EXPLAINING THE COMBINING OF THE ANNUAL DECLARATION
[Read the page]
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