Understanding the Company Statutes Cancellation Form in Quebec (French)

Understanding the Official Form for Company Statutes Cancellation in Quebec

If you are a corporation governed by the Business Corporations Act (Loi sur les sociétés par actions) in Quebec and need to correct or eliminate certain registered statutes, the Form RE-508 is your official tool. This form is specifically designed for companies wishing to request the cancellation of statutes other than those related to incorporation or continuation, and it is essential to understand its purpose, how to complete it, and the procedures involved.

Purpose of the RE-508 Form

The primary objective of this form is to formally request the Quebec enterprise register to cancel statutes that were previously filed but are now deemed erroneous or unnecessary. Such statutes could include amendments, modifications, or other legal declarations associated with the company’s registration. The form ensures that the cancellation process is documented and legally validated, preventing future discrepancies in the company's official record.

Who Should Fill Out the Form?

This form must be completed and submitted by a company director or an authorized representative of a corporation governed by the Business Corporations Act. It is applicable when the company identifies that certain statutes filed with the enterprise register were transmitted in error or are no longer relevant. It does not apply to statutes related to the company's incorporation or continuation, which are handled through different procedures.

How to Complete the Form

Step 1: Company Information

• Enter the exact legal name of the company as registered in the enterprise register.
• Provide the company's Quebec enterprise number (NEQ).

Step 2: Specify the Statutes to be Cancelled

• Indicate the type and date of the statutes you wish to cancel.
• Attach a copy of the statutes being canceled to your application.

Step 3: Addressing Rights of Creditors and Shareholders

• Check the appropriate box to indicate whether the cancellation may affect the rights of creditors or shareholders.
• If yes, include supporting documentation such as court judgments or shareholder resolutions.

Step 4: Signatures and Declarations

• The authorized person must sign and date the form, confirming the accuracy of the information provided.
• A declaration must be signed affirming that the cancellation does not harm the rights of creditors or shareholders.

Required Attachments and Supporting Documents

To process your request effectively, you must attach:

• A copy of the statutes to be canceled.
• Legal documents such as court judgments or shareholder resolutions if applicable.

Submitting the Form and Processing Time

The completed form can be submitted in person, by mail, or through the official electronic platform of the Quebec enterprise register. If you opt for priority processing, ensure to specify this on the form and on the envelope, understanding that additional fees will apply. The processing times vary depending on the method of submission and whether priority handling is requested.

Common Errors to Avoid

• Failing to attach required supporting documents, which can delay processing.
• Incorrectly identifying the statutes or providing outdated or inaccurate company information.
• Not signing the declaration, rendering the application invalid.
• Submitting the form without verifying that the statutes to be canceled are indeed erroneous or obsolete.

Legal and Confidential Considerations

Providing false information on the form is a legal offence, punishable by fines ranging from 5,000 to 50,000 dollars. All personal contact details provided will be kept confidential and used solely for processing your application. The Quebec enterprise register does not retain these contact details in the public registry.

By understanding these key points, companies can efficiently navigate the process of requesting an official cancellation of statutes, ensuring compliance with legal requirements and maintaining accurate corporate records.