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Revocation of Ex Officio Striking Off
This procedure applies to any type of enterprise whose registration was struck off ex officio under section 50 of the Act respecting the legal publicity of sole proprietorships, partnerships and legal persons for failure to file
- two consecutive annual updates (the annual declaration or the information return for the enterprise register);
- an amending declaration requested by the enterprise registrar under section 38 of the Act.
The application for revocation can be submitted by a director, an authorized representative of the enterprise or a third party with an interest in the registration of the enterprise (revocation by a third party).
- Application for revocation of striking off presented by the registrant
- Application for revocation of striking off presented by a third party
Application for revocation of striking off presented by the registrant
A registrant whose registration has been struck off ex officio for failure to file two consecutive annual updates chooses the option that corresponds to the actual situation, regardless of when the registration was struck off:
- A registrant that was required to register or was in business at the time of the ex officio striking off must submit an application for revocation of striking off in accordance with the procedure described below. This will allow the registrant to file the annual updates not previously filed and have a complete file in the enterprise register.
- A registrant that, as of the time of striking off, was no longer required to register or was no longer in business may reregister by submitting a declaration of registration indicating the Québec enterprise number (NEQ). In this case, the registrant will be required to file annual updates only as of the time of reregistration.
It is the registrant's responsibility to choose the option that corresponds to the situation concerned, that is, to submit a declaration of registration or an application for revocation of striking off.
Restrictions
Under section 50 of the Act, the following registrants, whose registration was struck off ex officio for failure to file two consecutive annual updates, cannot choose the second option (reregistration) to revoke the striking off of their registration:
- Québec legal persons, such as:
- companies (Part IA of the Companies Act)
- legal persons (Part III of theCompanies Act)
- religious corporations (Religious Corporations Act)
- syndicates of co-ownership (Civil Code of Québec)
- Partnerships established in Québec, such as:
- general partnerships
- limited liability partnerships
- limited partnerships
These registrants can regularize their situation only by submitting an application for revocation of striking off according to the established procedure. They are required to register simply because they exist.
Forms to fill out
If the striking off resulted from failure to file annual updates, submit the form Application for revocation of striking off along with the following:
- the Annual Declarations that were not previously filed;
- the Initial Declaration, if it was not filed (in the case of a Québec legal person);
- the Amending Declaration required under section 38 of the Act, if applicable;
- the required payment.
For payment information, see Fees.
Note
To obtain the required Annual Declaration forms and determine the required fees, contact Customer Service.
Presentation and processing of the application
Forms must be printed or typewritten, legible, and suitable for microfilming or photocopying.
When an ex officio striking off is revoked, the enterprise registrar files a revocation order in the register, and sends a copy of the order to the registrant. As of this time, the registration of the enterprise is deemed never to have been struck off and the legal person incorporated in Québec is deemed never to have been dissolved.
Application for revocation of striking off presented by a third party
This application can be submitted by an interested third party solely in the case of an ex officio striking off under section 50 of the Act respecting the legal publicity of sole proprietorships, partnerships and legal persons for failure to file
- two consecutive annual updates;
- an Amending Declaration requested by the enterprise registrar under section 38.
The application must be submitted along with the required fee.
Form to fill out
Submit the form Application for revocation of striking off presented by a third party.
For payment information, see Fees.
Note
When a third party applies for revocation, it is not necessary to submit the Annual Declarations that were not previously filed or the Amending Declaration, as applicable.
However, the applicant (third party) must advise the enterprise registrar every year, in writing, not to again strike off the registration of the enterprise concerned.
Presentation and processing of the application
Forms must be printed or typewritten, legible, and suitable for microfilming or photocopying.
