REGISTRATION / IMMATRICULATION (CONDO – ENTERPRISE REGISTER)
Is there a requirement to register a syndicate of co-ownership (condo association) ?
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Being a legal person, a syndicate of co-ownership is subject to the Act respecting the legal publicity of sole proprietorships, partnerships and legal persons and therefore is obliged to register (have and renew what some call a « Master Business Licence »).
Moreover, the board of directors of a syndicate of co-ownership shall update its information in the register by filing an annual declaration with the enterprise registrar within the period determined by regulation, that is between May 15 and November 15. As soon as a change occurs, a syndicate of co-ownership shall update its information by filing an amending declaration. When information deposited with the enterprise registrar is incomplete or inaccurate, it must also file a corrective amending declaration.
In the event of a combining of the enterprise registrar’s annual declaration and the Revenu Québec income tax return, a syndicate of co-ownership has six months after the end of its taxation year (fiscal year) to file its income tax return with Revenu Québec, including its annual declaration for the year during which this fiscal year ends.
The enterprise registrar may, ex officio, strike off the registration of any syndicate of co-ownership that has failed to deposit two consecutive annual declarations. It can also strike off the registration of any co-ownership having failed to comply with a request made by the registrar to update its information in the register.
The striking off of the registration exposes the syndicate of co-ownership to a suspension of the exercise of its rights and recourses before a court. Moreover, the syndicate of co-ownership that either omits to file a declaration, fails to present one within the applicable time or knowingly presents a declaration for striking off that is false, incomplete or misleading, exposes itself to fines varying from 400 $ to 4 000 $. Any director, officer or attorney of a registrant who ordered, authorized or advised the commission of an offence or who consented thereto or otherwise took part in the offence, is guilty of an offence and is liable to a fine of not less than $200 and not more than $2 000. For a second or subsequent offence, the fines are doubled.
The information provided on this page is general in nature and cannot compensate for the need to obtain legal advice specific to a particular situation.