144. Within 45 days after receiving a request from the Commission, the group of employers must send the Commission a suretyship using the form containing all the elements required by this section, as made available by the Commission, in particular on its website. The suretyship must be signed by all the employers in the group.
Under the suretyship, the employers solidarily stand surety in favour of the Commission for the assessment due by the group, including the adjustments, up to a maximum of 50% of the amount corresponding to the sum of the product of the insurable wages paid for the assessment year by each employer in the group multiplied by the risk-related portion of the assessment rate applicable to the employer under section 305 of the Act for the assessment year, and any interest owed to the Commission. The employers must, however, waive the benefits of discussion and division.
An employer who ceases to belong to the group continues to stand surety for the assessment for the part of the year during which it belonged to the group.
An employer is not required to stand surety for another member of the group where the employer is prohibited from doing so by the Act under which it was constituted as a legal person.
Failure by the group to send the suretyship to the Commission, as well as any other document required under this Subdivision, within the prescribed time limit leads to the revocation of the application submitted under section 142.
Decision 2010-11-18, s. 144.