P-44.1 - Act respecting the legal publicity of enterprises

Section 98 Disposition versions

2023-05-31

98. The following information relating to a registrant may be set up against third persons from the time it is recorded in the statement of information and is proof of its content for the benefit of third persons in good faith:

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

(2)  any other name used by the registrant for identification in Québec;

(3)  the registrant’s juridical form and the statute under which the registrant was constituted;

(4)  (subparagraph repealed);

(5)  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;

(6)  the names and domiciles of the directors and the positions they hold or, if all powers have been withdrawn from the board of directors by a unanimous shareholder agreement entered into in accordance with the laws of Québec or a Canadian jurisdiction other than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

(6.1)  the names and domiciles of the three shareholders controlling the greatest number of votes;

(6.2)  the names and domiciles of the ultimate beneficiaries as well as 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;

(7)  the date of entry into office and the date of cessation of office of the persons referred to in subparagraphs 6 and 10;

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

(8)  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;

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

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

(11)  the address of the registrant’s establishments in Québec;

(12)  the name and domicile of each partner, the fact that no other person is a member of the partnership and, in the case of a limited partnership, the name and domicile of each general partner and the names and domiciles of the three greatest contributors to the partnership among the special partners;

(13)  the object pursued by the trust or partnership;

(14)  the name of the State, province or territory in which the registrant was constituted and the date of constitution;

(15)  the name of the State, province or territory in which the amalgamation or division that resulted in the formation of the registrant took place, the date of the amalgamation or division and the name, domicile and Québec business number of every legal person involved in the amalgamation or division;

(16)  the date of the continuance or other transformation of the registrant;

(17)  the statute, designated in the trust deed, under which the trust is governed; and

(18)  the professional address of a natural person.

Third persons may submit any proof to refute information contained in a document filed with the registrar or transferred under an agreement entered into under section 117 or 118.

However, a registrant whose registration has been cancelled ex officio by the registrar may not dispute information declared by the registrant and contained in the statement of information.

2010, c. 7, s. 98; 2010, c. 40, s. 44; 2020, c. 5, s. 185; 2021, c. 19, s. 16; 2023, c. 10, s. 41.

2023-03-31

98. The following information relating to a registrant may be set up against third persons from the time it is recorded in the statement of information and is proof of its content for the benefit of third persons in good faith:

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

(2)  any other name used by the registrant for identification in Québec;

(3)  the registrant’s juridical form and the statute under which the registrant was constituted;

(4)  (subparagraph repealed);

(5)  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;

(6)  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;

(6.1)  the names and domiciles of the three shareholders controlling the greatest number of votes;

(6.2)  the names and domiciles of the ultimate beneficiaries as well as 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;

(7)  the date of entry into office and the date of cessation of office of the persons referred to in subparagraphs 6 and 10;

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

(8)  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;

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

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

(11)  the address of the registrant’s establishments in Québec;

(12)  the name and domicile of each partner, the fact that no other person is a member of the partnership and, in the case of a limited partnership, the name and domicile of each general partner and the names and domiciles of the three greatest contributors to the partnership among the special partners;

(13)  the object pursued by the trust or partnership;

(14)  the name of the State, province or territory in which the registrant was constituted and the date of constitution;

(15)  the name of the State, province or territory in which the amalgamation or division that resulted in the formation of the registrant took place, the date of the amalgamation or division and the name, domicile and Québec business number of every legal person involved in the amalgamation or division;

(16)  the date of the continuance or other transformation of the registrant;

(17)  the statute, designated in the trust deed, under which the trust is governed; and

(18)  the professional address of a natural person.

Third persons may submit any proof to refute information contained in a document filed with the registrar or transferred under an agreement entered into under section 117 or 118.

However, a registrant whose registration has been cancelled ex officio by the registrar may not dispute information declared by the registrant and contained in the statement of information.

2010, c. 7, s. 98; 2010, c. 40, s. 44; 2020, c. 5, s. 185; 2021, c. 19, s. 16.

2020-03-17

98. The following information relating to a registrant may be set up against third persons from the time it is recorded in the statement of information and is proof of its content for the benefit of third persons in good faith:

(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 for identification in Québec;

(3)  the registrant’s juridical form and the statute under which the registrant was constituted;

(4)  the registrant’s domicile;

(5)  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;

(6)  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;

(6.1)  the names and domiciles of the three shareholders controlling the greatest number of votes;

(7)  the date of entry into office and, if applicable, the date of cessation of office of the persons referred to in subparagraphs 6 and 10;

(8)  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;

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

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

(11)  the address of the registrant’s establishments in Québec;

(12)  the name and domicile of each partner, the fact that no other person is a member of the partnership and, in the case of a limited partnership, the name and domicile of each general partner and the names and domiciles of the three greatest contributors to the partnership among the special partners;

(13)  the object pursued by the trust or partnership;

(14)  the name of the State, province or territory in which the registrant was constituted and the date of constitution;

(15)  the name of the State, province or territory in which the amalgamation or division that resulted in the formation of the registrant took place, the date of the amalgamation or division and the name, domicile and Québec business number of every legal person involved in the amalgamation or division;

(16)  the date of the continuance or other transformation of the registrant; and

(17)  the statute, designated in the trust deed, under which the trust is governed.

Third persons may submit any proof to refute information contained in a document filed with the registrar or transferred under an agreement entered into under section 117 or 118.

However, a registrant whose registration has been cancelled ex officio by the registrar may not dispute information declared by the registrant and contained in the statement of information.

2010, c. 7, s. 98; 2010, c. 40, s. 44; 2020, c. 5, s. 185.

2014-07-01

98. The following information relating to a registrant may be set up against third persons from the time it is recorded in the statement of information and is proof of its content for the benefit of third persons in good faith:

(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 for identification in Québec;

(3)  the registrant’s juridical form and the statute under which the registrant was constituted;

(4)  the registrant’s domicile;

(5)  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;

(6)  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;

(7)  the date of entry into office and, if applicable, the date of cessation of office of the persons referred to in subparagraphs 6 and 10;

(8)  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;

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

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

(11)  the address of the registrant’s establishments in Québec;

(12)  the name and domicile of each partner, the fact that no other person is a member of the partnership and, in the case of a limited partnership, the name and domicile of each general partner and the names and domiciles of the three greatest contributors to the partnership among the special partners;

(13)  the object pursued by the trust or partnership;

(14)  the name of the State, province or territory in which the registrant was constituted and the date of constitution;

(15)  the name of the State, province or territory in which the amalgamation or division that resulted in the formation of the registrant took place, the date of the amalgamation or division and the name, domicile and Québec business number of every legal person involved in the amalgamation or division;

(16)  the date of the continuance or other transformation of the registrant; and

(17)  the statute, designated in the trust deed, under which the trust is governed.

Third persons may submit any proof to refute information contained in a document filed with the registrar or transferred under an agreement entered into under section 117 or 118.

However, a registrant whose registration has been cancelled ex officio by the registrar may not dispute information declared by the registrant and contained in the statement of information.

2010, c. 7, s. 98; 2010, c. 40, s. 44.

2011-02-14

98. The following information relating to a registrant may be set up against third persons from the time it is recorded in the statement of information and is proof of its content for the benefit of third persons in good faith:

(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 for identification in Québec;

(3)  the registrant’s juridical form and the statute under which the registrant was constituted;

(4)  the registrant’s domicile;

(5)  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;

(6)  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;

(7)  the date of entry into office and, if applicable, the date of cessation of office of the persons referred to in subparagraphs 6 and 10;

(8)  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;

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

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

(11)  the address of the registrant’s establishments in Québec;

(12)  the name and domicile of each partner, the fact that no other person is a member of the partnership and, in the case of a limited partnership, the name and domicile of each general partner and the names and domiciles of the three greatest contributors to the partnership among the special partners;

(13)  the object pursued by the partnership;

(14)  the name of the State, province or territory in which the registrant was constituted and the date of constitution;

(15)  the name of the State, province or territory in which the amalgamation or division that resulted in the formation of the registrant took place, the date of the amalgamation or division and the name, domicile and Québec business number of every legal person involved in the amalgamation or division; and

(16)  the date of the continuance or other transformation of the registrant.

Third persons may submit any proof to refute information contained in a document filed with the registrar or transferred under an agreement entered into under section 117 or 118.

However, a registrant whose registration has been cancelled ex officio by the registrar may not dispute information declared by the registrant and contained in the statement of information.

2010, c. 7, s. 98; 2010, c. 40, s. 44.