Ex Officio Cancellation
The Registraire des entreprises can cancel ex officio the registration of any enterprise that has failed to:
- file two consecutive annual updating declarations;
- fulfil an obligation under the Act respecting the legal publicity of enterprises, such as filing a declaration or a notice requested by the Registraire within 60 days of the date of the request (section 73).
- Attention
The ex officio cancellation of the registration of an enterprise means that:
- the enterprise cannot modify the information it declared (information that appears in the enterprise's file);
- the enterprise's business dealings with its private partners and the government will be more complicated, especially regarding its identification and the exercise of its rights;
- a legal person constituted in Québec will be dissolved.
A notice of cancellation is sent to any enterprise that has been cancelled ex officio for failure to file two consecutive annual updating declarations or to comply with a request by the Registraire des entreprises regarding an obligation pursuant to the Act respecting the legal publicity of enterprises (section 73). A copy of the notice is deposited in the enterprise register and the reference appears in the index of documents in the enterprise’s file.
- Note
- The Act respecting the legal publicity of enterprises makes provision for a revocation of cancellation procedure for enterprises that have been cancelled ex officio.