Disclosure of Nominee Agreements in Quebec: Understanding the Basics

Nominee agreements are widely used in Quebec to facilitate the ownership of a legal entity by multiple parties. However, these agreements are often shrouded in secrecy, which can create legal uncertainties and hamper transparency. To address this issue, the Quebec government has introduced new legislation that mandates the disclosure of nominee agreements. In this article, we will explore the key features of this legislation and help you understand the implications of disclosure for your business.

What Are Nominee Agreements?

Nominee agreements are contracts that allow a person or entity (the “nominee”) to hold legal title to a property or asset on behalf of another party (the “beneficiary”). Nominee agreements are common in Quebec because they allow multiple parties to share ownership of a legal entity without registering as co-owners. Nominee agreements can also be used to protect the identity of the parties involved in a transaction.

Why Is Disclosure Important?

Nominee agreements can be used to conceal the identity of the actual owners of a legal entity, which can raise concerns about transparency and accountability. For example, nominee agreements can be used to hide the involvement of a politically sensitive person in a business venture, or to conceal the true ownership of a company involved in illegal activities. Therefore, it is important for the government and other stakeholders to have access to information about the parties involved in a nominee agreement.

Disclosure Requirements

The Quebec government has introduced legislation that requires the disclosure of nominee agreements in certain circumstances. The legislation applies to any nominee agreement that involves a legal entity registered in Quebec. The following are the key requirements of the legislation:

1. Registration: Nominee agreements must be registered with the Quebec Enterprise Register within 30 days of their creation.

2. Disclosure of Information: Nominee agreements must disclose the names and addresses of the parties involved, as well as the nature and purpose of the agreement.

3. Public Access: The information contained in nominee agreements will be accessible to the public through the Quebec Enterprise Register.

Implications for Your Business

If you are involved in a nominee agreement in Quebec, you will need to ensure that you comply with the disclosure requirements of the legislation. Failure to do so could result in penalties or other legal consequences. You should also be prepared for increased transparency and scrutiny in your business dealings, as the disclosure of nominee agreements may reveal information about your involvement in certain industries or activities.

Conclusion

The disclosure of nominee agreements is an important step towards greater transparency and accountability in Quebec`s business community. By understanding the key features of the new legislation, you can ensure that your business is in compliance with the disclosure requirements and avoid legal risks. Overall, disclosure of nominee agreements will help to promote a more open and transparent business environment in Quebec.