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

Section 26 Disposition versions

2012-09-01

26. An application for the reduction or cancellation of a registration, in addition to referring to the document, if any, that authorizes the reduction or cancellation, shall contain the following information:

(1)  (paragraph revoked);

(2)  identification of the right in respect of which the application is being presented and the registration number of that right;

(3)  where the reduction or cancellation is voluntary, designation of the consenting party and, where that person is represented, the name and quality of the representative, as well as a statement of the nature of the document that authorizes the representative to act, and the grantor’s name;

(4)  where the reduction or cancellation is ordered by judgment, the names of the persons referred to in the instrument;

(5)  where the reduction or cancellation is legal, the reference for the legislation on which the applicant has based the application, the statements or declarations prescribed by the legislation and, where applicable, the names of the persons named in the registration;

(6)  where the amount stated in a registered entry is being reduced, the sum for which a reduction is requested or ordered; and

(7)  where the situs of a right is being reduced, a description of the property in question.

The reference to a document authorizing the reduction or cancellation 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, the number of the court record and, in the case of a judgment, the conclusions; 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. 26; O.C. 444-98, s. 12.