Legal Obligations Stemming from Registration
Annual updating
Businesses registered in the enterprise register must keep their records up-to-date by producing an annual updating declaration (Déclaration de mise à jour annuelle) during the prescribed period. This obligation enters into effect the year after the business first registers. In accordance with the Act respecting the legal publicity of enterprises, late fees apply when declarations are filed outside of the prescribed period.
Registered sole proprietorships and legal persons that are subject to the Taxation Act may file their annual updating declaration and send it to the registrar in a single operation. If the information contained in the enterprise register is correct, it is simply a matter of checking the appropriate box on line 436 of the personal Income Tax Return (form TP-1-V) or line 39 of the Corporation Income Tax Return (form CO-17). Businesses who opt for this method are said to be eligible for combined filing.
If you wish to update information in the register, you must do so by using the Produire une déclaration de mise à jour annuelle online service. You may also use this online service to submit your annual updating declaration even if there are no changes to report.
Businesses not eligible for the combined method must continue filing their annual updating declaration with the enterprise registrar. They can also use the online service, regardless of whether or not they wish to update information in the register.
Period for filing annual updating declaration for businesses that are not eligible for combined filing
| January 1 to June 15
|
May 15 to November 15
|
- Sole proprietorships
- Partnerships
|
- Associations or other groups
- Legal persons
- Mutual insurance corporations
- Fraternal benefit societies
- Trust corporations
- Savings companies
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Updating information
Businesses have 30 days in which to update information in their file following a change. They can use the Produire une déclaration de mise à jour courante online service.
A registrant that goes bankrupt within the meaning of the Bankruptcy and Insolvency Act must file an current updating declaration to this effect without delay.
This service is easy, fast and free of charge.
Correcting information in the register
Where a business discovers that a declaration contained in the register is incomplete or inaccurate, it must correct it by producing a corrective updating declaration (Déclaration de mise à jour de correction).
- Note
- The information declared by the business is opposable. It is deemed to be accurate as of the date it is entered in the record, until proof to the contrary.
Voluntary striking off
A declaration of striking off (Déclaration de radiation) must be filed in the case of cessation of activities or when a business is no longer obliged to be registered, notably when an individual, a foreign corporation, or a foreign legal person established for private interests terminates its activities.
In this case, the following must produce a declaration of striking off:
- legal persons constituted in Québec that are bankrupt and for which a bankruptcy trustee has been discharged by the court on completion of the administration of the legal person’s estate;
- foreign corporations;
- partnerships not constituted in Québec;
- legal persons not constituted in Québec;
- natural persons operating sole proprietorships;
- associations or other groups;
- condominium associations;
- undeclared partnerships.
Natural persons or groups that registered voluntarily may produce a declaration of striking off at any time.