So that your rights linked to your commercial lease are enforceable against everyone, it is in your interest to publish a lease notice in the land register. Indeed, in the event that the building where you are a tenant is sold, the new owner could end the lease and you could be evicted if the lease has not been previously published in the land register. You do not want that are the conditions of your lease public? You do not have to publish the entire contents of your lease at the Land Registry, you can simply ask the notary to publish a lease notice containing the relevant information only.

To modify the name of a company, you must make a change in the articles of incorporation and obtain articles of modification from the Registraire des Entreprises du Québec (REQ) for a provincial or federal company registered with Corporation Canada. To choose a name or to change your name and choose a new one, you must ensure that the name is not already in use and that it meets certain conditions imposed by law. Once confirmation of the availability of the name has been obtained, it is possible to reserve the name in order to protect our choice while waiting for the company to be active.

Also, if you have a company number, it is possible that you operate it under another name, you must ensure that this name complies with the legal conditions and is not already registered by another entity.

At the provincial level, incorporation is aimed at entrepreneurs who want to operate their business in the province of residence only, who do not necessarily wish to protect the name of their company across Canada and who wish to save certain costs (a provincial company costs generally less expensive to operate than a federal company).

Federal incorporation is ideal for operating nationally or protecting their business name across Canada. It is also suitable for those who wish to protect the rights of minority shareholders. Additionally, for certain types of businesses, federal incorporation is mandatory (e.g. banks or certain telecommunications companies).

Don't forget that each year, you must produce an annual report or update your information to the Registraire des Entreprises du Québec (REQ) and/or to Corporation Canada. In addition, it is important to ask a notary from our team to assist you in updating your company book. Thus, we can remind you when to make your annual report or do it for you, prepare annual resolutions of the board of directors and shareholders, prepare special resolutions or even update the information in the minute book in the event of a change directors or shareholders.

The law indicates that the choice of notary belongs to the buyer, unless otherwise agreed between the parties.

The seller must provide the buyer with a certificate of location describing the current state of the building, that is to say, a certificate where no modification has been made to the building since its date of issue. .

Here is a non-exhaustive list of possible modifications to the building which would require a new certificate of location:

• expansion of the building(s);
• addition of a swimming pool and/or a shed and/or a garage;
• addition of a heat pump and/or air conditioning;
• exterior cladding redone;
• additional windows added;
• change to lot number;
• certificate of location with the mention “under construction”.

Please note that for co-ownership buildings, certain specific rules apply depending on what is specified in the promise to purchase.

To be certain that the certificate of location in your possession can be used for a future real estate transaction, it is recommended to provide a copy to a notary from our team who can analyze it.

The seller of a property also has professional fees to pay to the notary.

These costs are explained by the fact that the notary must draw up and publish the seller's mortgage receipt. In fact, from the sale price, the notary must ensure that he pays the seller's mortgage debt and prepares and signs the release for this mortgagee.

Please note that even if there is no mortgage attached to the building sold, there may still be costs, in particular for the management of the trust account, various verifications and/or for the resolution of problems with the certificate of location or title search.

To find out our fees, contact us!

It is recommended to verify certain documents when purchasing a condo and to make this verification conditional on acceptance of the promise to purchase.

The documents to be verified include:

• the declaration of co-ownership;
• the building regulations;
• minutes of previous meetings;
• balance sheets from previous years;

You must also find out if there are any special assessments to come and if there are any lawsuits pending against the co-owners' union.

The testamentary trust is an estate planning tool allowing the testator (the settlor) to bequeath his property in a trust patrimony created for the benefit of his heirs (beneficiaries) and administered by one or more trustees, according to the wishes of the testator. The latter will determine in his will the rules for the use, management and distribution of the assets of his estate.

For its application, the testamentary trust is constituted in a will and its existence will only begin on the death of the testator. It offers the testator the possibility of distributing his inheritance while retaining a certain control over it.

Who is a testamentary trust for?

Despite what you may believe and although its name may seem complex, the testamentary trust is not a concept only suited to wealthy individuals. In fact, any person can decide to create a trust in their will. The reasons for using such a tool are in particular to:

1. protect more vulnerable heirs, such as minor children, disabled children or those with dependencies;
2. allow children from a first union to inherit upon the death of the spouse;
3. protect the bequeathed inheritance against prosecution and seizure.

The testamentary trust proves to be a useful and necessary concept for controlled planning and transfer of the testator's assets to his or her heirs.

There are three forms of will.

1. The holographic will is written entirely by hand by the testator and it is signed only by him.
2. The witnessed will may be typed or handwritten by the testator and is signed by the testator in the presence of two witnesses.
3. The notarized will is received before a notary and signed by the testator in the presence of a witness and the notary.

Why choose a notarized will?

At the time of the testator's death, the holographic or witnessed will must be subject to a verification procedure by the court or notary in order to take effect. As for the notarized will, it becomes enforceable as soon as we obtain confirmation that it is the last will of the deceased.

In addition, the original of the notarized will is kept by the notary and is registered in the Register of Testamentary Dispositions, which certifies you that it will be found upon your death. By consulting a notary from our team, you also benefit from expert advice who will ensure that your will presents no difficulties of interpretation and that it is complete.

The mandate in anticipation of incapacity is a document which allows any adult and lucid person to appoint another to administer their property and ensure their well-being in the event of their mental incapacity, following, for example, a degenerative disease or an accident.

The mandate in anticipation of incapacity makes it possible to avoid the opening of a protective regime provided for by law. That is to say the appointment of a curator, guardian or advisor who would be chosen at an assembly composed of the relatives of the incapacitated person, a long and costly procedure.

The mandate in anticipation of incapacity can be made in the presence of witnesses or before a notary. The notarized mandate offers the same advantages as the notarized will (see answer to the previous question), is the advice of experts who will ensure that your document is complete and unambiguous as well as the guarantee that it will be found if you become unfit.

No. The Civil Code of Quebec does not recognize de facto spouses. This means that without a will, your common-law partner will not inherit anything upon your death.

Here is how your property will be divided if you do not have a will and you are not married:

• If you have children, they will inherit all of your property (this can be problematic if your children are minors);
• If you do not have children, your parents will receive half of your property and your brothers and sisters will share the other half.

Please note that you simply need to contact a notary from our team to make a will to determine for yourself who your heirs will be.

Yes. However, he will not inherit all of your property!

Here is how your property will be divided if you do not have a will and you are married:

• If you have children, they will share 2/3 of your property and your married spouse will collect the other 1/3 (this can be problematic if your children are minors);
• If you have no children, your married spouse will inherit 2/3 of your assets and your parents will receive the other 1/3.

Marriage entails the creation of family assets, regardless of the applicable matrimonial regime and without regard to who holds a property right over this property. The family assets consist of the following assets:

• the residences of the family or the rights which confer the use of them;
• furniture which furnishes or adorns family residences and which is used for household use;
• motor vehicles used for family travel;
• accrued rights acquired during the marriage under a pension plan (except in the event of death, where the pension plan is governed or established by a law which grants the surviving spouse the right to death benefits);
• rights accumulated during the marriage under the Act respecting the Quebec Pension Plan or similar programs (except in the event of death);

With the exception of property received by inheritance or donation.

In addition, in the event that you marry without making a marriage contract, you will also be subject to the matrimonial regime of the society of acquisitions. Under this regime, most of the property and debts accumulated during the marriage, whether or not they are part of the family patrimony, are subject to sharing between the spouses during the discussion of the union, without regard to who owns the property.

If you enter into a marriage contract, you will have the possibility of choosing the regime of separation of property. Under this regime, only family assets will be shared between the spouses in the event of dissolution of the union.

When signing a promise to purchase, the seller undertakes to provide a certificate of location describing the current state of the building. This therefore means that the certificate of location must represent the property as it is at the time of the transaction.

Here is a non-exhaustive list of possible modifications to the building which would require a new certificate of location:

• expansion of the building(s);
• addition of a swimming pool and/or a shed and/or a garage;
• addition of a heat pump and/or air conditioning;
• exterior cladding redone;
• additional windows added;
• change to lot number;
• certificate of location with the mention “under construction”.

Please note that for co-ownership buildings, certain specific rules apply depending on what is specified in the promise to purchase.

To be certain that the certificate of location in your possession can be used for a future real estate transaction, it is recommended to provide a copy to a notary from our team who can analyze it.

To be valid, a power of attorney must meet certain criteria.

• If the client is in Quebec, the power of attorney must be notarized .
• If the client is in a Canadian province other than Quebec, the power of attorney must be sworn by a lawyer .
• If the client is in the United States, the power of attorney must be sworn by an attorney . In certain states and under certain conditions, swearing in before a “ Notary public ” is accepted.
• If the client is in another country (excluding the United States), the power of attorney must be sworn by a representative of the Canadian embassy in that country.

The simplest way to proceed is to contact our office in order to have the power of attorney prepared with all the required clauses and information. We will send it to the client or their notary/lawyer with a letter of precise instructions.

First, it must be specified that the intervention of the spouse is required in the case of married or civil union spouses only (hereinafter referred to as “the spouse”). Common-law spouses do not have to intervene in the deeds of sale if they are not co-owners of the building.

Here are the rules briefly summarized:

• For the sale: The seller's husband must intervene in the deed of sale if the building is the family residence.
• For property other than the family residence: Intervention is required if the spouses are married in community of property or under a foreign matrimonial regime.
• For the purchase: The buyer's spouse must intervene in the mortgage deed if the building will be used as a family residence or if this is required by the instructions of a mortgagee.

Please note that spouses in divorce proceedings or separated for several years must still intervene according to the rules above. Only the issuance of a certificate of divorce by the Superior Court makes the divorce legally effective and ceases the application of these rules.

It is impossible to provide an exhaustive review of issues insurable by title insurance companies. On the other hand, there are two fundamental concepts to know regarding this type of insurance.

First, not all problems are insurable! It happens too often that real estate brokers or clients tell us, when a problem arises, “it doesn't matter, we'll take out title insurance”. This is not a good reflex. Some issues are not insurable or are too significant to consider purchasing title insurance. In some cases, a correction to the problem is necessary. Also, it may happen that the purchasing client is not satisfied with the title insurance.

Second, title insurance does not correct the problem. Title insurance protects the buyer and his mortgagee in the event that a correction is requested by a competent authority. However, if no notice is received on this subject during the period in which the client is the owner and he wishes to resell the property, he will have to assume the costs of the correction or those linked to the subscription of a new title insurance for the benefit of the subsequent buyer and, where applicable, his mortgagee.

Ask one of the notaries on our team to find out if title insurance is a potential solution to the problem in your file.

Yes, but only partly. The sale price of a commercial property is taxable. If the building is semi-commercial, that is, partly residential and partly commercial, only the commercial part will be taxable. To determine the percentage of the sale price that will be taxable, you must seek the expertise of an accountant. It will therefore be necessary to provide the notary with a writing from the accountant to this effect.

Whether it is Alzheimer's disease or any other form of mental incapacity, when you suspect that a client is mentally unfit, you must obtain an opinion from the doctor as to whether they are competent to sign or not. This rule should not be taken lightly because if you have your brokerage contract, the promise to purchase or any other documents signed and the client is declared mentally unfit, these will have no effect and could be canceled.

So, with an opinion from the doctor declaring the client fit, you will be able to obtain the signatures with complete peace of mind.

If the doctor declares that the client is incapable of signing, it is then necessary to initiate either a procedure for the approval of a mandate in anticipation of incapacity or a procedure for opening a protective regime. No document can be signed until this procedure is completed. Additional delays and costs must therefore be expected.

When the selling owner has died, it is imperative that certain steps in settling the estate be completed before proceeding with a sale transaction. You will need to provide the following documents to the notary:

• the declaration of transfer of the immovable;
• will search certificates;
• the death certificate of the deceased;
• the will of the deceased, if applicable.

If the inheritance is not settled, be careful! For your brokerage contract and/or promise to purchase to be valid, they must be signed by the liquidator or by all the heirs. Also, it is necessary to provide deadlines for the settlement of the estate.

Our study of course offers the inheritance settlement service.