CCQ, r. 8 - Regulation respecting the register of personal and movable real rights

Section 25 Disposition versions

2022-11-01

25. An application for registration of a right, in addition to referring to the constituting document, if any, shall contain the following information:

(1)  designation of the persons named in the application and, where a person is represented by a tutor, a mandatary appointed in a protection mandate of a party, a temporary representative by reason of the person’s incapacity, a liquidator, a bankruptcy trustee or a sequestrator, the name and quality of the representative;

(2)  a description of the property, if applicable;

(3)  characterization of the right whose registration is requested, its extent and, where applicable, the date after which the registration applied for ceases to be effective;

(4)  the event or condition, if any, on which the existence of the right depends;

(5)  to refer to a right in respect of which an entry was previously made in the register, the registration number of the right; and

(6)  where it is necessary to refer to a right in respect of which an application is presented simultaneously, the form number of the application.

The reference to a document constituting a right shall state

(1)  the date on which the document was signed and its place of signature, where applicable;

(2)  in the case of a notarized document, the name of the notary and the number of the minute or, where the document is an act en brevet, an indication of that fact;

(3)  in the case of a judicial document, the name of the court that issued it, the judicial district and the number of the court record; and

(4)  in the case of a private writing, the names of the witnesses who attested the writing, if such attestation is prescribed by law.

O.C. 1594-93, s. 25; O.C. 444-98, s. 11; I.N. 2016-01-01 (NCCP); S.Q. 2020, c. 11, s. 223.

2016-01-01

25. An application for registration of a right, in addition to referring to the constituting document, if any, shall contain the following information:

(1)  designation of the persons named in the application and, where a person is represented by a tutor, a curator, a mandatary appointed in a protection mandate of a party, a liquidator, a bankruptcy trustee or a sequestrator, the name and quality of the representative;

(2)  a description of the property, if applicable;

(3)  characterization of the right whose registration is requested, its extent and, where applicable, the date after which the registration applied for ceases to be effective;

(4)  the event or condition, if any, on which the existence of the right depends;

(5)  to refer to a right in respect of which an entry was previously made in the register, the registration number of the right; and

(6)  where it is necessary to refer to a right in respect of which an application is presented simultaneously, the form number of the application.

The reference to a document constituting a right shall state

(1)  the date on which the document was signed and its place of signature, where applicable;

(2)  in the case of a notarized document, the name of the notary and the number of the minute or, where the document is an act en brevet, an indication of that fact;

(3)  in the case of a judicial document, the name of the court that issued it, the judicial district and the number of the court record; and

(4)  in the case of a private writing, the names of the witnesses who attested the writing, if such attestation is prescribed by law.

O.C. 1594-93, s. 25; O.C. 444-98, s. 11; I.N. 2016-01-01 (NCCP).

2012-09-01

25. An application for registration of a right, in addition to referring to the constituting document, if any, shall contain the following information:

(1)  designation of the persons named in the application and, where a person is represented by a tutor, a curator, a mandatary appointed in a mandate conferred in anticipation of a party’s incapacity, a liquidator, a bankruptcy trustee or a sequestrator, the name and quality of the representative;

(2)  a description of the property, if applicable;

(3)  characterization of the right whose registration is requested, its extent and, where applicable, the date after which the registration applied for ceases to be effective;

(4)  the event or condition, if any, on which the existence of the right depends;

(5)  to refer to a right in respect of which an entry was previously made in the register, the registration number of the right; and

(6)  where it is necessary to refer to a right in respect of which an application is presented simultaneously, the form number of the application.

The reference to a document constituting a right shall state

(1)  the date on which the document was signed and its place of signature, where applicable;

(2)  in the case of a notarized document, the name of the notary and the number of the minute or, where the document is an act en brevet, an indication of that fact;

(3)  in the case of a judicial document, the name of the court that issued it, the judicial district and the number of the court record; and

(4)  in the case of a private writing, the names of the witnesses who attested the writing, if such attestation is prescribed by law.

O.C. 1594-93, s. 25; O.C. 444-98, s. 11.