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Agricultural Law

An Act to preserve agricultural land and agricultural activities

As an expert in real estate law, your Notary will act as counsel during a real estate transaction and is in the position to determine the most effective way to own your property when it is situated in an agricultural zone. A Notary is also in the position to represent your interests when obtaining the proper authorization from the Commission de protection du territoire agricole du Québec (CPTAQ) for the division, usage, alienation and inclusion or exclusion of lots situated in agricultural zones. Notaries’ expertise and knowledge around the meaning and subtleties of the Act places them in a better position to address the CPTAQ in a way that caters to your needs and situation.

Purchasing a farm

As many laws govern agricultural real estate, farm owners often have difficulty understanding the way in which these laws affect them. This can lead them to overlook certain mandatory requirements. It can also cause them to miss out on the special programs, credits and subsidies available to them that would help improve the outcome of their farming business. Consult a specialized Notary to ensure your peace of mind throughout this important transaction.

Financing your business

Your business needs to be on solid financial footing for it to reach its full potential. Thanks to their legal training and high involvement in the business world, notaries can participate in the conceptualization of financing projects that are realistic and perfectly adapted to your business. Your Notary will be at ease at drawing up an integrated financial plan and presenting it to potential financial partners, while considering:

  • available financial resources (shareholders’ investments, line of credit, loans, etc.;
  • provided guarantees (real sureties and personal guarantees); and
  • assistance programs and subsidies, if required.

Throughout the course of a business’ lifespan, financing remains a constant concern, from the opening or restructuring of the business to undertaking an acquisition or expansion project. The same applies when you reach a time in your life where you must begin transferring your business to whoever will be taking over once you have retired or passed away, or to a third party. Your Notary’s involvement allows you to better negotiate these financial agreements.

Intergenerational transfers

The agricultural enterprise generally constitutes the most important asset in a farmer’s patrimony, as many future generations can be directly dependant on the revenues this business provides. There often comes a time where the business owner wishes to integrate family members or employees as business partners. This usually requires the transfer of part of the business to the other party while the business owner is still alive. This implies setting in place a new legal structure. This new structure will oblige you to revise your financial and estate planning. Your Notary will review with you the stipulations in your will in order to plan your estate in such a way as to ensure the business’ continuity, while favouring a balance among the future heirs.

For legal advice from our experts in agricultural law in the Outaouais region, call us today at 819-771-3231.

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