The statement of registration: sometimes a condition for issuing a licence
Filing a statement of registration can sometimes be one of the conditions for issuance of a licence. The OACIQ must also comply with the Act Respecting the Legal Publicity of Sole Proprietorships, Partnerships and Legal Persons (the “Act Respecting the Legal Publicity”), which is why it requires a copy of this statement to issue a licence to the name mentioned therein.
The Act Respecting the Legal Publicity requires any natural person doing business under a name that does not include his first name and last name, any legal person and any company operating in Québec to “register”.
Registration is to file with the Enterprise Registrar a statement (or incorporation act in case of a legal person) in which the enterprise provides certain information, which will be published in a register available to public. Among the information that an enterprise is required to declare is its name (birth name of the natural person, name given to a company by its incorporation act) and any other name that an enterprise intends to use for its operation (assumed name).
When the required formalities have been fulfilled, the Enterprise Registrar gives a Québec enterprise number (NEQ). This unique identifier allows registration for a variety of programs and services of Québec government.
In Québec, there are many legal forms of enterprises. The Enterprises space of the government portal – Services Québec contains a lot of information regarding the legal form of enterprise.
Moreover, the Enterprise Registrar has an online service for business registration. It is also possible to register at one of the Registrar service locations.
It is important to mention that registration of an enterprise is intended to make its existence and its essential information public. Thus, the information relating to the enterprise can be used against or in favour of third parties as of the date on which it has been registered in the register of enterprises. In addition to the obligation to make an annual update of the information contained in the enterprise file, it is also important to provide a current update or correction statement indicating the changes to be made, if the situation changes or if incomplete or inaccurate information in the file must be modified.