Revocation of Ex Officio Striking Off
This measure concerns all types of enterprises whose registration has been struck off ex officio pursuant to the Act respecting the legal publicity of enterprises for failure to file
- two consecutive annual updating declarations (the annual declaration and the information return for the enterprise register); or
- a declaration or a notice requested by the enterprise registrar.
The registrant, which must choose between an application for revocation of striking off or an application for reregistration, or a third party, may make the request.
Application by the registrant for revocation of striking off
A registrant that was required to register or was in business at the time of the ex officio striking off must submit:
When an ex officio striking off is revoked, the enterprise registrar files a revocation order in the enterprise register. A copy of this order is sent to the registrant. Starting from this time, the enterprise’s registration is deemed to never have been struck off and the legal person constituted in Québec to never have been dissolved, subject to the rights acquired by third parties.
Application by the registrant for reregistration
A registrant constituted outside Québec that was no longer obliged to register or was no longer in business from the time of the striking off until the present may file a declaration of reregistration by indicating therein its Québec enterprise number (NEQ), in order to reregister.
In this case, the registrant constituted outside Québec will have to file only the annual updating declarations as from the reregistration.
General partnerships and legal persons constituted in Québec may not file a declaration of reregistration since they are obliged to be registered solely by virtue of their existence.
Application by a third party for revocation of striking off
An interested third party may submit an application for revocation of striking off only in the case of an ex officio striking off carried out pursuant to the Act respecting the legal publicity of enterprises.
To this end, the third party must fill out form RE-701 (Demande de révocation de radiation présentée par un tiers), print it and mail it to the enterprise registrar. The applicant must possess version 7.0 or higher of Acrobat Reader to download the form.
To determine the fees applicable to an application for revocation of striking off, please consult the fee schedule.
- Note
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When a third party applies for revocation of striking off, it is not necessary to submit the missing annual updating declarations, as the case may be.
The applicant (third party) must advise the enterprise registrar every year, in writing, not to again strike off the registration of the enterprise concerned.
Similarly, should legal proceedings be brought against the enterprise, the applicant must notify the enterprise registrar of the conclusion of such proceedings. Failure by the applicant to fulfil these obligations might lead again, without notice, to the ex officio striking off of the enterprise’s registration.
The enterprise registrar will revoke the ex officio striking off of the enterprise’s registration by filing a revocation order to this effect in the enterprise register and the applicant will be notified accordingly.
The revocation of the striking off of the registration of a legal person constituted in Québec has the effect of resuming the legal person’s existence on the date of filing of the revocation order. The enterprise’s registration is deemed to never have been struck off and the legal person constituted in Québec to never have been dissolved.