The relevant information of co-ownerships must be declared with the “Registraire des entreprises du Québec” (the Québec Enterprises Registrar). This declaration is intended to render accessible essential information, either to the public or enterprises that deal with the syndicate of co-owners. Furthermore, at the start-up of a syndicate, the Board of Directors must file – usually by the interim director – a declaration of registration in virtue of the Act respecting the legal publicity of enterprises. This must be done no later than 60 days after the publication of the declaration of co-ownership in the Land Register.
Information concerning the syndicate
The following information must be declared:
Information concerning the members of the Board of Directors
The information related to the composition of the Board of Directors must be declared, for instance:
Processing the request
After receiving the request, the Registrar examines it and reviews (more particularly) the conformity of the information therein. If the request is accurate and complete and the fees paid, he registers the syndicate and gives it a “numéro d'entreprise du Québec (NEQ)” (a Québec Enterprise Number). Then, the declaration of registration is filed in the register under the same “NEQ”.
Updating the information
Once registered, the syndicate has the obligation to keep the information in the register of enterprises up to date, such as if its situation changes or if it wishes to modify the information in its file. The updating is carried out with one of the following documents:
Neglecting updating the declaration of registration has consequences.
If the annual updating declaration is filed after the prescribed delays, a late filing penalty may be requested (fines varying from $1000 to $10 000). Furthermore, the registration may be cancelled ex officio by the “Registraire des entreprises” (the Enterprises Registrar) in the case where a syndicate is found to have failed filing two consecutive annual updating declarations.
The “Registraire des entreprises” (the Enterprises Registrar) can also proceed with the ex officio cancellation of the registration of any syndicate, if the latter does not respond to an updating demand requested by the Registrar. The syndicate, who is cancelled, could, amongst other consequences, lose the faculty to exercise its rights and recourses before the Courts.
Remedy the defect
Once a syndicate has been automatically struck off, a member of the board of directors (or a person designated by the board of directors) will be required to follow these steps:
WHAT YOU SHOULD KNOW! Eventhough the syndicate is created with the registration of the declaration of co-ownership, it must nevertheless be registered with the “Registraire des entreprises” (the Enterprises Registrar). Furthermore, it must pay each year the annual filing fee of the updating declaration
WHAT TO KEEP IN MIND: The declaration of registration must include the information relative to the name, the domicile and date of creation of the syndicate, along with the identity of its directors.
WARNING! The syndicate has the obligation to notify any change in the composition of the Board of Directors during the year.
Annual registration fee Annual updating declaration Corrective updating declaration Current updating declaration Declaration of registration Enterprise registrar Ex officio cancelation Interim director Quebec Enterprise Number (NEQ) Quebec Entreprise Register (Registre des entreprises du Québec) Registration (syndicate of co-owners) Revocation of cancelation (reregistration) Special Meeting (SM)