Originally from:
Legal Aspects of Doing Business in North America - 2nd Edition - Loose leaf
Legal Aspects of Doing Business in North America - 2nd Edition - Electronic
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Introduction
In General
This chapter presents an overview of matters to be considered by an investor
interested in commencing a business in Canada which is to be located in
Quebec. For the purposes of this analysis, we shall assume that the investor is:
• A body corporate incorporated in a jurisdiction other than Canada or one of
its provinces or territories; and
• A non-Canadian as defined in the Investment Canada Act.1
Notwithstanding the fact that carrying on business in Quebec is subject to
regulation by municipal, provincial, and federal governments, we shall assume
that the investor is only interested in how provincial laws may affect the
carrying on of its business. Within this chapter, we shall examine matters of
concern to such an investor in connection with:
• The nature of its business;
• The form of business organization to be adopted;
• Setting-up the business; and
• Carrying on the business.
Nature of Business
The foreign corporate investor must first determine the nature of the business
that it wishes to carry on in Quebec as:
• Carrying on the intended business may generally be regulated irrespective of
the person carrying on such activity;
• Carrying on the intended business by certain categories of persons may be
regulated;
• The form of the business organization through which the business to be
carried on may be regulated;
Quebec
Introduction
The Nature of the Business
The Form of the Business Organization
Start-Up of the Business
Carrying on Business
Langlois Kronström Desjardins Montreal, Quebec, Canada
