Home > News > 2020 > April 24, 2020 Passage of Bill 41 amending the Act respecting the legal publicity of enterprises

April 24, 2020
Passage of Bill 41 amending the Act respecting the legal publicity of enterprises

Bill 41, entitled An Act respecting mainly the implementation of certain provisions of the Budget Speeches of 17 March 2016, 28 March 2017, 27 March 2018 and 21 March 2019, took effect on March 17, 2020. This bill amends the Act respecting the legal publicity of enterprises (c. P-44.1) (ALPE): 

  • to allow the Québec enterprise registrar to require information or documents to validate the accuracy of the declarations deposited in the enterprise register (such as constituting documents and copies of resolutions);
  • to set the prescription period of penal proceedings to one year after the date on which the prosecutor becomes aware of the commission of the offence, such period not exceeding more than five years from the date of the commission of the offence;
  • to entrust the minister responsible with the power to waive the payment of fees, penalties or charges in exceptional circumstances; and
  • to allow more bodies to enter into an agreement to obtain from the registrar information contained in the register. 

Since sections 178 through 195 amend the ALPE, this bill directly affects the Registraire des entreprises. 

Section 62 of the ALPE has been amended to require enterprises to have paid all the amounts they owe before their registration can be cancelled. This requirement had already applied to several legal forms; however, the amendment widens the scope to include:

  • general partnerships;
  • limited liability partnerships;
  • limited partnerships;
  • syndicates of co-owners;
  • legal persons that can be dissolved under the Civil Code of Québec

This amendment will take effect on May 1, 2020.

In addition to reinforcing transparency, this bill eases regulatory requirements to increase administrative efficiency and make enterprises’ obligations more consistent across the board.

For more information, see Bill 41 (PDF 634 KB), on the National Assembly website.

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