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Business Law

Establishing your company

Taking into account certain unavoidable factors such as the importance of your capital funding, your preferences regarding teamwork and your managerial skills, your notary will provide you with a clear and simple explanation of the advantages and disadvantages of the various legal forms available to companies. He or she will inform you of aIl the possibilities you can choose from with regard to:

  • sole proprietorship;
  • different types of partnerships;
  • business corporations governed by federal law or established under Quebec law;
  • franchising;
  • other forms of companies.

You will then be in a position to make an informed choice, and you will know exactly what the legal and tax consequences of that choice are. Your notary will now be able to prepare the necessary documents for the establishment or the structural modification of your company, whether in the form of a partnership contract, a shareholder agreement or any other relevant document.

Mergers and acquisitions

Company mergers and acquisitions require special attention, since the legal, financial and tax implications of these complex transactions must be taken into consideration. As notaries, we are partners of choice when it comes to negotiating, conducting due diligence, as well as setting up financing and the legal structure required for successful company acquisitions or mergers.

Shareholder Agreements

Shareholder Agreements help avoid certain conflicts and provide for conflict resolution mechanisms. Shareholders would do well to protect their investments and their rights in case of death, incapacity or bankruptcy of a joint shareholder. Your notary can help draw up a Shareholder Agreement that is specific to your needs, allowing you to face any contingency.

Financing your company

Money is the sinews of war. Your company needs sound financial resources to ensure that it develops to its fullest potential. Backed by legal training and a firm commitment to the business community, your notary can help you develop realistic financing projects that are perfectly suited to your company.

Your notary will be able to develop an integrated financing plan and sell it to potential financial partners, taking into consideration:

  • available sources of funding (shareholder advances, opening of credit, mortgage loan, equity loan, etc.);
  • guarantees to be provided (collateral and personal guarantees);
  • assistance and grant programs, where relevant.

Throughout the entire existence of a company, financing remains a daily concern, as much at the start-up or restructuring stage as at the acquisition or expansion phase. When you reach the point of wanting to transfer your company – to the next generation or to a third party – your notary can help you negotiate and implement the relevant financial agreements.

Intergenerational transfers

Planning is the key to the successful intergenerational transfer of a company. The transfer of a company to a family member or to a key employee may have significant financial and tax implications. Your notary can guide you through the tools available to ensure an efficient transfer that takes into account the interests of each of the parties. Because each company and each family is unique, the transfer of a company requires a customized solution that allows the company founder to feel secure and ensures business continuity for the next generation.

To obtain sound advice from a notary specializing in corporate law, contact us today at 819-771-3231.

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