Definition : Legal person

A body granted juridical personality independent and autonomous from its members and which possesses rights and obligations (for example, a company, a syndicate of co-owners). Without limitation, the latter has a patrimony and the capacity to take legal action or enter into contracts. It has a name which is given to it at the time of its constitution and exercises its rights and executes its obligations under this name. Legal persons are to be distinguished from natural persons.

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20/01/2024

Double majority

The Civil Code of Quebec, in articles 1098 and 1108, establishes a "double majority" for certain significant decisions of the co-ownership assembly, requiring a consensus in both the number of co-owners and voting rights. Article 1098 of the Civil Code of Quebec deals with major decisions such as changing of use of the…...

Syndicate
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13/01/2024

What is a syndicate of co-owners?

The syndicate acts as a legal person bringing together all the co-owners of the building and not each of them individually. The Civil Code of Quebec (C.c.Q.) provides that the syndicate of co-owners arises, by operation of law, at the time of publication of the declaration of co-ownership in the Land register. With the powers devolved to it by…...

Syndicate

02/03/2010

Proxy for the Meeting of co-owners

During a meeting of co-owners, important decisions are made for each member of the co-ownership. Whether for alteration or improvement of the common portions, the election of the members of the board of directors, it is up to the co-owners to decide. However, if a co-owner is absent and has…...

Syndicate

30/12/2023

Syndicate of co-owners

    The syndicate of co-owners, as a legal person, has  juridical personality, which allows it to contract with third parties, hire employees, hold and dispose of property or exercise legal remedies to protect its assets and ensure the defense of the collective interests of the co-owners.He plays a crucial…...

Syndicate

30/12/2023

Director

The syndicate of co-owners, as a legal person, has a juridical personality. It acts through two decision-making bodies, the meeting of the co-owners  and the board of directors. The directors are natural persons who make up the board of directors of the syndicate of co-owners, of which they are also the mandataries. In…...

Syndicate
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03/09/2023

The "statutory" liability of a director

The duties and obligations of directors are at the heart of the good governance of a co-ownership. As part of their duties, directors are required to ensure that the syndicate of co-owners complies with the laws. This is why, in addition to the duties of diligence and loyalty of directors…...

Syndicate

17/02/2015

What is the tax regime of a syndicate of co-ownership?

The tax status of a syndicate of co-ownership As with any legal person, a syndicate of co-owners has tax obligations to respect under penalty of consequences that could have a significant impact on the financial situation of the co-ownership and the co-owners. Although governed by specific rules set out in…...

Syndicate