P-44.1 - Act respecting the legal publicity of enterprises

Section 33 Disposition versions

2023-06-01

33. The registration declaration must state

(1)  the registrant’s name, domicile and, in the case of a natural person, date of birth as well as, if the registrant was previously registered, the registrant’s Québec business number;

(2)  any other name used by the registrant in Québec and by which the registrant is identified, either in carrying on an activity, which includes the operation of an enterprise, or for the purpose of the possession of an immovable real right, other than a prior claim or hypothec, if applicable; and

(3)  the registrant’s juridical form;

(4)  (subparagraph repealed).

The declaration must also state, if applicable,

(1)  the domicile elected by the registrant and the name of the person mandated by the registrant to receive documents for the purposes of this Act;

(1.1)  the title of and reference to the statute under which the registrant was constituted;

(1.2)  the name of the State, province or territory in which the registrant was constituted;

(1.3)  the registrant’s date of constitution;

(2)  the names, domiciles and dates of birth of the directors, and the positions they hold or, if all powers have been withdrawn from the board of directors by a unanimous shareholder agreement entered into in accordance with the laws of Québec or a Canadian jurisdiction other than Québec, the names, domiciles and dates of birth of the shareholders or third persons having assumed those powers;

(2.1)  the names, domiciles and dates of birth of the ultimate beneficiaries, any other name used by the ultimate beneficiaries in Québec and by which they are identified as well as, according to the terms determined by regulation of the Government, the condition under which each ultimate beneficiary became one, the percentage of voting rights that may be exercised by each ultimate beneficiary according to the number of shares or units of the registrant each one holds or controls or of which each one is a beneficiary or the percentage of the fair market value corresponding to the value of the number of shares or units of the registrant that each ultimate beneficiary holds or controls or of which each one is a beneficiary;

(2.2)  the date on which an ultimate beneficiary became one, and that on which the ultimate beneficiary ceased to be one;

(3)  the date of entry into office and the date of cessation of office of the persons referred to in subparagraphs 2 and 6;

(4)  the names, domiciles and dates of birth of the president, the secretary and the chief executive officer, if they are not members of the board of directors, and the positions they hold;

(5)  the name and address of the registrant’s attorney;

(6)  the name, address and capacity of the person acting for the registrant as administrator of the property of others;

(7)  in order of importance, the registrant’s two main activities and the code corresponding to each of them according to the classification system determined by regulation of the Minister;

(8)  the addresses of the registrant’s establishments in Québec, specifying which is the principal establishment, the name designating them and the two main activities carried on in the establishments and the code corresponding to each of them according to the classification system determined by regulation of the Minister;

(9)  any activity required by law to be declared and the corresponding code according to the classification system determined by regulation of the Minister and the address of the establishment in which the registrant carries on that activity;

(10)  the number of employees of the registrant whose workplace is in Québec, based on the brackets determined by the Minister, and, if the registrant is an enterprise referred to in the first paragraph of section 149 of the Charter of the French language (chapter C-11), the proportion of such employees not capable of communicating in French, if applicable;

(11)  the date on which the registrant expects to cease to exist; and

(12)  any other information determined by regulation of the Minister.

For the purposes of subparagraph 1 of the first paragraph, if not expressly designated in the statute or act by which it was constituted, the domicile of the trust is the location of its principal establishment in Québec.

For the purposes of subparagraph 1.3 of the second paragraph, the date of constitution of a trust is the date on which the trustee, or the first trustee in the case of two or more trustees, accepts the office of trustee.

Registrants belonging to the following categories are exempted from declaring the information required under subparagraphs 2.1 and 2.2 of the second paragraph:

(1)  non-profit legal persons established for a private interest;

(2)  legal persons established in the public interest;

(3)  reporting issuers within the meaning of the Securities Act (chapter V-1.1);

(4)  financial institutions referred to in paragraphs 1 to 3 of section 4 of the Insurers Act (chapter A-32.1);

(5)  trust companies governed by a provincial or federal statute or a statute of another province or territory of Canada;

(6)  banks and authorized foreign banks listed in Schedules I, II and III to the Bank Act (S.C. 1991, c. 46); and

(7)  associations within the meaning of the Civil Code.

The Minister may make regulations exempting a category of registrants from declaring certain information required under this section and under sections 34 to 35.1.

2010, c. 7, s. 33; 2010, c. 40, s. 33; 2021, c. 19, s. 8; 2023, c. 10, s. 38; 2022, c. 14, s. 157.

2023-05-31

33. The registration declaration must state

(1)  the registrant’s name, domicile and, in the case of a natural person, date of birth as well as, if the registrant was previously registered, the registrant’s Québec business number;

(2)  any other name used by the registrant in Québec and by which the registrant is identified, either in carrying on an activity, which includes the operation of an enterprise, or for the purpose of the possession of an immovable real right, other than a prior claim or hypothec, if applicable; and

(3)  the registrant’s juridical form;

(4)  (subparagraph repealed).

The declaration must also state, if applicable,

(1)  the domicile elected by the registrant and the name of the person mandated by the registrant to receive documents for the purposes of this Act;

(1.1)  the title of and reference to the statute under which the registrant was constituted;

(1.2)  the name of the State, province or territory in which the registrant was constituted;

(1.3)  the registrant’s date of constitution;

(2)  the names, domiciles and dates of birth of the directors, and the positions they hold or, if all powers have been withdrawn from the board of directors by a unanimous shareholder agreement entered into in accordance with the laws of Québec or a Canadian jurisdiction other than Québec, the names, domiciles and dates of birth of the shareholders or third persons having assumed those powers;

(2.1)  the names, domiciles and dates of birth of the ultimate beneficiaries, any other name used by the ultimate beneficiaries in Québec and by which they are identified as well as, according to the terms determined by regulation of the Government, the condition under which each ultimate beneficiary became one, the percentage of voting rights that may be exercised by each ultimate beneficiary according to the number of shares or units of the registrant each one holds or controls or of which each one is a beneficiary or the percentage of the fair market value corresponding to the value of the number of shares or units of the registrant that each ultimate beneficiary holds or controls or of which each one is a beneficiary;

(2.2)  the date on which an ultimate beneficiary became one, and that on which the ultimate beneficiary ceased to be one;

(3)  the date of entry into office and the date of cessation of office of the persons referred to in subparagraphs 2 and 6;

(4)  the names, domiciles and dates of birth of the president, the secretary and the chief executive officer, if they are not members of the board of directors, and the positions they hold;

(5)  the name and address of the registrant’s attorney;

(6)  the name, address and capacity of the person acting for the registrant as administrator of the property of others;

(7)  in order of importance, the registrant’s two main activities and the code corresponding to each of them according to the classification system determined by regulation of the Minister;

(8)  the addresses of the registrant’s establishments in Québec, specifying which is the principal establishment, the name designating them and the two main activities carried on in the establishments and the code corresponding to each of them according to the classification system determined by regulation of the Minister;

(9)  any activity required by law to be declared and the corresponding code according to the classification system determined by regulation of the Minister and the address of the establishment in which the registrant carries on that activity;

(10)  the number of employees of the registrant whose workplace is in Québec, based on the brackets determined by the Minister;

(11)  the date on which the registrant expects to cease to exist; and

(12)  any other information determined by regulation of the Minister.

For the purposes of subparagraph 1 of the first paragraph, if not expressly designated in the statute or act by which it was constituted, the domicile of the trust is the location of its principal establishment in Québec.

For the purposes of subparagraph 1.3 of the second paragraph, the date of constitution of a trust is the date on which the trustee, or the first trustee in the case of two or more trustees, accepts the office of trustee.

Registrants belonging to the following categories are exempted from declaring the information required under subparagraphs 2.1 and 2.2 of the second paragraph:

(1)  non-profit legal persons established for a private interest;

(2)  legal persons established in the public interest;

(3)  reporting issuers within the meaning of the Securities Act (chapter V-1.1);

(4)  financial institutions referred to in paragraphs 1 to 3 of section 4 of the Insurers Act (chapter A-32.1);

(5)  trust companies governed by a provincial or federal statute or a statute of another province or territory of Canada;

(6)  banks and authorized foreign banks listed in Schedules I, II and III to the Bank Act (S.C. 1991, c. 46); and

(7)  associations within the meaning of the Civil Code.

The Minister may make regulations exempting a category of registrants from declaring certain information required under this section and under sections 34 to 35.1.

2010, c. 7, s. 33; 2010, c. 40, s. 33; 2021, c. 19, s. 8; 2023, c. 10, s. 38.

2023-03-31

33. The registration declaration must state

(1)  the registrant’s name, domicile and, in the case of a natural person, date of birth as well as, if the registrant was previously registered, the registrant’s Québec business number;

(2)  any other name used by the registrant in Québec and by which the registrant is identified, either in carrying on an activity, which includes the operation of an enterprise, or for the purpose of the possession of an immovable real right, other than a prior claim or hypothec, if applicable; and

(3)  the registrant’s juridical form;

(4)  (subparagraph repealed).

The declaration must also state, if applicable,

(1)  the domicile elected by the registrant and the name of the person mandated by the registrant to receive documents for the purposes of this Act;

(1.1)  the title of and reference to the statute under which the registrant was constituted;

(1.2)  the name of the State, province or territory in which the registrant was constituted;

(1.3)  the registrant’s date of constitution;

(2)  the names, domiciles and dates of birth of the directors, and the positions they hold or, if all powers have been withdrawn from the board of directors by a unanimous shareholder agreement entered into in accordance with the laws of Québec or a Canadian jurisdiction other than Québec, the names, domiciles and dates of birth of the shareholders or third persons having assumed those powers;

(2.1)  the names, domiciles and dates of birth of the ultimate beneficiaries and any other name used by the ultimate beneficiaries in Québec and by which they are identified as well as, according to the terms determined by regulation of the Government, the type of control exercised by each ultimate beneficiary or the percentage of shares or units each one holds or of which each one is a beneficiary;

(2.2)  the date on which an ultimate beneficiary became one, and that on which the ultimate beneficiary ceased to be one;

(3)  the date of entry into office and the date of cessation of office of the persons referred to in subparagraphs 2 and 6;

(4)  the names, domiciles and dates of birth of the president, the secretary and the chief executive officer, if they are not members of the board of directors, and the positions they hold;

(5)  the name and address of the registrant’s attorney;

(6)  the name, address and capacity of the person acting for the registrant as administrator of the property of others;

(7)  in order of importance, the registrant’s two main activities and the code corresponding to each of them according to the classification system determined by regulation of the Minister;

(8)  the addresses of the registrant’s establishments in Québec, specifying which is the principal establishment, the name designating them and the two main activities carried on in the establishments and the code corresponding to each of them according to the classification system determined by regulation of the Minister;

(9)  any activity required by law to be declared and the corresponding code according to the classification system determined by regulation of the Minister and the address of the establishment in which the registrant carries on that activity;

(10)  the number of employees of the registrant whose workplace is in Québec, based on the brackets determined by the Minister;

(11)  the date on which the registrant expects to cease to exist; and

(12)  any other information determined by regulation of the Minister.

For the purposes of subparagraph 1 of the first paragraph, if not expressly designated in the statute or act by which it was constituted, the domicile of the trust is the location of its principal establishment in Québec.

For the purposes of subparagraph 1.3 of the second paragraph, the date of constitution of a trust is the date on which the trustee, or the first trustee in the case of two or more trustees, accepts the office of trustee.

Registrants belonging to the following categories are exempted from declaring the information required under subparagraphs 2.1 and 2.2 of the second paragraph:

(1)  non-profit legal persons established for a private interest;

(2)  legal persons established in the public interest;

(3)  reporting issuers within the meaning of the Securities Act (chapter V-1.1);

(4)  financial institutions referred to in paragraphs 1 to 3 of section 4 of the Insurers Act (chapter A-32.1);

(5)  trust companies governed by a provincial or federal statute or a statute of another province or territory of Canada;

(6)  banks and authorized foreign banks listed in Schedules I, II and III to the Bank Act (S.C. 1991, c. 46); and

(7)  associations within the meaning of the Civil Code.

The Minister may make regulations exempting a category of registrants from declaring certain information required under this section and under sections 34 to 35.1.

2010, c. 7, s. 33; 2010, c. 40, s. 33; 2021, c. 19, s. 8.

2014-07-01

33. Unless an exemption established by regulation of the Minister applies, the registration declaration must state

(1)  the registrant’s name and, if the registrant was previously registered, the registrant’s Québec business number;

(2)  any other name used by the registrant in Québec and by which the registrant is identified, either in carrying on an activity, which includes the operation of an enterprise, or for the purpose of the possession of an immovable real right, other than a prior claim or hypothec, if applicable;

(3)  the registrant’s juridical form; and

(4)  the registrant’s domicile.

The declaration must also state, if applicable,

(1)  the domicile elected by the registrant and the name of the person mandated by the registrant to receive documents for the purposes of this Act;

(1.1)  the title of and reference to the statute under which the registrant was constituted;

(1.2)  the name of the State, province or territory in which the registrant was constituted;

(1.3)  the registrant’s date of constitution;

(2)  the names and domiciles of the directors, and the positions they hold or, if all powers have been withdrawn from the board of directors by a unanimous shareholder agreement entered into in accordance with the laws of Québec or a Canadian jurisdiction other than Québec, the names and domiciles of the shareholders or third persons having assumed those powers;

(3)  the date of entry into office and the date of cessation of office of the persons referred to in subparagraphs 2 and 6;

(4)  the names and domiciles of the president, the secretary and the chief executive officer, if they are not members of the board of directors, and the positions they hold;

(5)  the name and address of the registrant’s attorney;

(6)  the name, address and capacity of the person acting for the registrant as administrator of the property of others;

(7)  in order of importance, the registrant’s two main activities and the code corresponding to each of them according to the classification system determined by regulation of the Minister;

(8)  the addresses of the registrant’s establishments in Québec, specifying which is the principal establishment, the name designating them and the two main activities carried on in the establishments and the code corresponding to each of them according to the classification system determined by regulation of the Minister;

(9)  any activity required by law to be declared and the corresponding code according to the classification system determined by regulation of the Minister and the address of the establishment in which the registrant carries on that activity;

(10)  the number of employees of the registrant whose workplace is in Québec, based on the brackets determined by the Minister;

(11)  the date on which the registrant expects to cease to exist; and

(12)  any other information determined by regulation of the Minister.

For the purposes of subparagraph 4 of the first paragraph, if not expressly designated in the statute or act by which it was constituted, the domicile of the trust is the location of its principal establishment in Québec.

For the purposes of subparagraph 1.3 of the second paragraph, the date of constitution of a trust is the date on which the trustee, or the first trustee in the case of two or more trustees, accepts the office of trustee.

2010, c. 7, s. 33; 2010, c. 40, s. 33.

2011-02-14

33. Unless an exemption established by regulation of the Minister applies, the registration declaration must state

(1)  the registrant’s name and, if the registrant was previously registered, the registrant’s Québec business number;

(2)  any other name used by the registrant in Québec and by which the registrant is identified, either in carrying on an activity, which includes the operation of an enterprise, or for the purpose of the possession of an immovable real right, other than a prior claim or hypothec, if applicable;

(3)  the registrant’s juridical form; and

(4)  the registrant’s domicile.

The declaration must also state, if applicable,

(1)  the domicile elected by the registrant and the name of the person mandated by the registrant to receive documents for the purposes of this Act;

(1.1)  the title of and reference to the statute under which the registrant was constituted;

(1.2)  the name of the State, province or territory in which the registrant was constituted;

(1.3)  the registrant’s date of constitution;

(2)  the names and domiciles of the directors, and the positions they hold or, if all powers have been withdrawn from the board of directors by a unanimous shareholder agreement entered into in accordance with the laws of Québec or a Canadian jurisdiction other than Québec, the names and domiciles of the shareholders or third persons having assumed those powers;

(3)  the date of entry into office and the date of cessation of office of the persons referred to in subparagraphs 2 and 6;

(4)  the names and domiciles of the president, the secretary and the chief executive officer, if they are not members of the board of directors, and the positions they hold;

(5)  the name and address of the registrant’s attorney;

(6)  the name, address and capacity of the person acting for the registrant as administrator of the property of others;

(7)  in order of importance, the registrant’s two main activities and the code corresponding to each of them according to the classification system determined by regulation of the Minister;

(8)  the addresses of the registrant’s establishments in Québec, specifying which is the principal establishment, the name designating them and the two main activities carried on in the establishments and the code corresponding to each of them according to the classification system determined by regulation of the Minister;

(9)  any activity required by law to be declared and the corresponding code according to the classification system determined by regulation of the Minister and the address of the establishment in which the registrant carries on that activity;

(10)  the number of employees of the registrant whose workplace is in Québec, based on the brackets determined by the Minister;

(11)  the date on which the registrant expects to cease to exist; and

(12)  any other information determined by regulation of the Minister.

2010, c. 7, s. 33; 2010, c. 40, s. 33.