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  • It is important to file the annual update prescribed by law with the Enterprise Registrar (or with Corporations Canada, for federal corporations), in order to avoid late penalties, but also to avoid the dissolution of the corporation . Indeed, the Legal Publicity of Enterprises Act provides, in its section 59, that any failure to produce the annual update for two consecutive years may result in
  • The board of directors plays a fundamental role in a corporation. Indeed, it has broad management powers since it is the main decision-making body. Throughout their term of office, the directors are called upon to manage the activities and internal affairs of the company in its best interests. To ensure the sound administration of corporations, the Quebec and federal legislators have set out various conditions of eligibility for the position
  • What is a trademark? A trade mark is a combination of letters, words, sounds or symbols that identify and distinguish the goods and services of one company from those of another. Trademarks are valuable intellectual property assets because they reflect your company's identity and are an effective way to build your reputation and gain recognition. A good trade mark increases
  • In Canada, a corporation may be incorporated under either provincial (in this case, Quebec law) or federal legislation. There are differences between these two incorporation regimes, although there are not really any fundamental differences. Ultimately, a provincial corporation is not necessarily limited to the territory of the province in which it is incorporated to carry on its activities; and conversely, a federal corporation may very well carry on business locally without having a local focus.
  • It is common in family business structures that the shareholder of the company is not the founder of the company directly, but rather a family trust, with the founder and all family members as beneficiaries. The trust may become a shareholder at the start of the business, but more often it will become a shareholder on the occasion of a share freeze, when the business has reached a certain value and profitability. Here is an overview of
  • A unique feature of Canadian tax and corporate law is the use of the share freeze in the context of a reorganization of a corporation. This article provides a general and introductory overview of the share freeze. What is a share freeze? A share freeze generally involves the exchange or conversion of common shares into redeemable preferred shares that will be valued at the fair market value of the common shares
  • The corporation (inc.) and the general partnership (s.e.n.c.) both allow a business to be operated by several people, as shareholders or partners. There are several differences between these two types of business operations, both legally and fiscally. We offer you an overview of 3 major differences. Legal personality and liability of the members corporation is a "legal person", with a legal personality
  • An amalgamation is the joining of several corporations into one, and requires articles of amalgamation to do so. In order to amalgamate two or more corporations, it is imperative that the amalgamating corporations be governed by the same law; for example, it is not possible to amalgamate a provincial corporation with a federal corporation. In this case, one of the corporations must be continued in the other
  • The Quebec business corporation regime, like other provincial regimes, expressly permits the issuance of uncertificated shares. This is also the case for almost all incorporation regimes in the various American states. Although relatively little used by private companies in Quebec, uncertificated shares are gaining in popularity. Here's a look at some of the advantages of choosing to issue uncertificated shares. Uncertificated share transactions Like

 

The information contained in the articles on the IncorporationQuebec.net website does not constitute legal opinions, and is only general information intended to popularise certain legal concepts relating to company law or SME taxation. The information contained in the articles may not be applicable to certain specific cases. Pronto Corporate Services Inc. and the author of the texts are not responsible for any error, inaccuracy or out-of-date information that may be contained in the articles.

June 10, 2021

Closed transmitter status

A major consideration in incorporation is the restriction on the transfer of shares and other securities, which is usually
June 11, 2021

Exchange and conversion of shares

Corporate legislation, both provincial and federal, allows for various changes in the share capital of a corporation, including share exchange and conversion. These two changes to the share capital
June 13, 2021

Issued and paid-up share capital account (or stated capital)

Both provincially and federally incorporated corporations are required to maintain an issued and paid-up share capital account (capital account
June 18, 2021

Advantages of Quebec companies over federal companies

Provincial or Federal Incorporation? When incorporating a corporation, the first thing to decide is whether to incorporate a corporation governed by
June 24, 2021

Legal name vs. alias

Filing the Articles of Association When filing the Articles of Association for incorporation, the legal name of the company (company name) or
June 28, 2021

Overview of the different categories of shares

In general, the articles of incorporation of a company provide for different classes of shares as authorised share capital. Authorised share capital means that these shares can be
July 9, 2021

How to start a sole proprietorship

Compared to starting a business via a corporation (company), starting a sole proprietorship is legally and administratively simple. Indeed, while
July 19, 2021

Who can register for GST and QST?

Registration Registration (or the lack of it) in the GST and QST files can have significant tax implications for a company. Think in particular of
August 2, 2021

The taxation of a corporation

Separate entity A corporation (company) is a separate entity with its own legal personality. Thus, the Canadian tax system provides for