Definition : Director - Disqualification

Legal incapacity for a natural person to exercise the office of director. This is the case for the co-owner who, for more than three months, has not paid his share of the common expenses. In addition, a bankrupt and a person prohibited by the court from holding such office may not hold the function of a director. The same applies, in principle, to minors and persons of full age under tutorship or curatorship.

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  The By-laws of the immovable generally provide all the director’s office specific provisions, including the duration of his term of office. If the By-laws are silent thereon, the legal term of one year will apply, in accordance with section 339 of the Civil Code of Québec, which specifies that “At the expiry of that period, their term continues unless it is revokedˮ. A director usually remains in office until the next annual general meeting of the co-owners, who will proceed to a re-election.
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