Frequently asked questions: Answers from our notaries
Browse our FAQ to find our notaries' answers to your legal questions or contact us for a consultation!
Can a notary charge translation fees for a client?
Yes, in the specific context of your request to draw up the deed in English, as required for publication in the land register, your notary is responsible for informing you of the financial implications of this decision under the law.
This will enable you to make an informed decision about whether to draw up the contract in English or in French.
Does the new law prevent notaries from drafting deeds in English?
Although the law stipulates that French is the exclusive official language of Quebec, it is still possible to draft documents in English.
However, certain conditions or limitations may apply when a document is drafted in this language.
For example, it may not be possible to publish it in the land register in a language other than French, or the unanimous consent of the parties involved may be required.
It is your notary’s responsibility to inform you of the implications of this new legislation for your request, so that you can make an informed decision.
When a non-resident sells, can the notary retain the majority of the sale price?
Is the notary entitled to do this?
Under tax laws, the seller is required to notify the authorities of the sale of a property using the appropriate forms.
These forms can be submitted either before or after signing the deed at the notary’s office.
In both cases, a certificate of conformity is issued once the tax duties have been paid.
In the event of non-payment, the buyer becomes liable to pay the authorities a sum equivalent to 37.875% (25% at federal level and 12.875% at provincial level) or 80% (50% at federal level and 30% at provincial level) of the sale price, depending on the circumstances.
It is the notary’s responsibility to ensure that these tax obligations are met, in order to protect and properly advise the buyer.
The buyer may withhold funds in his or her trust account if certificates of compliance have not been obtained before the sale is signed.
Is the notary's true copy legal if we only see the word "signed" and not our signature?
Yes, signatures do not have to be reproduced for a copy of a notarial deed to be authentic.
Signatures can be completely absent or mechanically reproduced (for example, with the first and last name of the person signing).
By ensuring that your signature is not present on the authentic copy, your notary helps to minimize the risk of your signature being usurped for fraudulent purposes.
If a third party (such as a bank, government authority or other) refuses to accept the authentic copy for this reason, you can direct them to a communiqué issued by the Chambre des notaires on October 23, 2015, which was circulated to all notaries.
How does the notary verify your identity and marital status?
The notary is required to verify your identity and marital status using your marriage, divorce or death certificate and two pieces of identification from reliable, independent sources, at least one of which must include a photo.
Can a notary help me manage a conflict situation?
Since the adoption of the Quebec Code of Civil Procedure in 2016, parties are required to use alternative methods of dispute resolution such as conciliation, mediation or arbitration.
The notary has the necessary skills in this area and can support you in resolving your disputes.
Why is it important to have a trust?
What exactly is a trust?
There are many different types of trusts, such as asset protection trusts, control trusts, alter ego trusts, testamentary trusts and so on.
Setting up a trust can offer many advantages, especially from a tax point of view, but it may not be appropriate in every situation.
Before making a decision, it is important to consider whether the costs associated with its creation and management justify its establishment.
Your notary will be able to explain in detail and determine with you whether a trust is appropriate in your case.
What are the essential elements of a commercial lease?
When considering leasing commercial space, it’s important to note that there is no standard lease form for this type of transaction, and the rules governing this form of tenancy do not fall under the jurisdiction of the Tribunal administratif du logement (formerly the Régie du logement).
Only the basic provisions of the Civil Code of Quebec apply, the rest being determined by the agreements between the parties.
That’s why it’s crucial to seek the advice of a legal expert, such as a notary, before signing any document, whether it’s an offer to lease or an official lease.
Otherwise, you could find yourself agreeing to damaging clauses, by which time it would be too late to turn back.
Is it important to register my commercial lease?
The registration, or more precisely the inscription, of a lease is achieved by means of a notice filed with the land registry, enabling any interested party to verify that a property is subject to a lease.
This registration offers protection to the tenant by guaranteeing that a new owner of the property will not be able to terminate the lease before it expires.
If your lease is not registered, a new buyer could give you six months’ notice to vacate within 12 months, even if, for example, you still have four years left on your lease under the original terms.
Can I get advice from my notary about buying a business?
The notary can assist you in the often discreet procedures involved in bringing a business together.
He or she can also draw up the offer to purchase, examine the holding arrangements and what will be transferred (assets or shares), as well as the financing options available.
What are the benefits of incorporating?
To determine whether incorporation is more advantageous for you, several factors need to be considered.
For example, do the projected revenues justify the initial and annual costs of incorporation?
Is it important to protect the contractor’s potential liability?
Will there be significant tax implications, and will the sharing of income and losses, if any, be complicated?
Your notary can provide you with the mathematical, financial and legal analysis you need to make this decision.
How can vulnerable people protect themselves from fraud or scams?
Your notary will be able to devise personalized solutions tailored to your situation.
A power of attorney may be appropriate for people who prefer not to give power of attorney, but wish to be assisted.
This measure authorizes the assistant to act on behalf of the person being assisted, without having access to his or her assets.
For example, the assistant can collect banking information to prevent suspicious transactions on the assisted person’s accounts.
In addition, the assistant can negotiate certain contracts, such as a residential lease, to protect the assisted person from exploitation.
What is a mandate for protection in case of incapacity?
Formerly known as a “mandate in case of incapacity”, the mandate for protection is a written document that anticipates the management and/or safeguarding of assets in the event of a person being declared incapacitated.
It also covers choices concerning personal protection, such as medical treatment, place of residence and spiritual support.
Amicable divorce, what is the content of a draft amicable separation agreement?
An amicable separation agreement provides for all the repercussions/consequences of the breakup.
What are the sequences of family mediation before a notary?
Mediation can usually take from three to five sessions, each lasting from one to two hours, sometimes more, depending on the complexity of the situation.
If there is no conflict between the parties, the spouses can request the assistance of a notary to represent them in court when they file for divorce, thus avoiding the need to go to court in person.
Why choose a notary as divorce mediator?
The notary-mediator’s involvement guarantees both spouses that the resolutions adopted are fair, just and in compliance with current legislation.
The notary-mediator refrains from giving his or her opinion, but rather provides all the essential legal information so that the parties can make informed decisions.
What are the different types of matrimonial property regimes?
There are two types of matrimonial property regimes: the regime of separation as to property, established by a marriage contract, and the regime of partnership of acquests, which can be with or without a marriage contract.
Do de facto spouses have rights?
Some social or fiscal legislation grants de facto life partners the same rights as married or civil union spouses, but this situation remains rare and does not guarantee adequate protection.
That’s why we recommend signing a cohabitation contract or a notarized separation agreement for optimum legal protection.
Can the notary charge fees to the seller in a real estate transaction?
Yes, in a real estate transaction involving the sale of land, a house or a condo, the notary acts on behalf of both the seller and the buyer, even if the choice of notary is made by the buyer.
As a result, the notary will perform tasks on behalf of both parties, and each will be responsible for the costs associated with verifications and disbursements made on their behalf.
Cancellation of the mortgage is the seller’s responsibility: If the seller has taken out a mortgage loan to purchase the property, and there is a balance outstanding, the notary must ensure that the loan is repaid in full before proceeding with the sale.
He will then reimburse the seller’s lender from the proceeds of the sale and obtain the cancellation of the seller’s mortgage guarantee, which he will publish in the Land Register.
The notary’s fees for preparing and obtaining this cancellation are payable by the seller.
Verification of taxes and payment of any outstanding balance are also the responsibility of the seller: The notary must also ensure that all municipal and school taxes have been paid by the seller by obtaining official tax statements from the municipality.
The notary may also charge a fee for this verification and payment of any outstanding balance.
Examples of fees payable by the seller :
- Obtaining the statement of account from the seller’s mortgagee, repayment of the loan balance, preparation of the deed of cancellation and publication in the Land Register;
- Obtain municipal, school and water tax statements;
- Obtaining a statement of charges for a condominium ;
- Obtaining title insurance ;
- Preparation of the new mandatory form by the Land Registry ;
- Funds transfer ;
- Proxy preparation ;
- Holdback of trust funds including holdback agreement and management ;
- Bridge loan ;
- Meeting deferred from buyer’s meeting at seller’s request;
- Declaration of transfer of an immovable ;
- Regularization of title defects, etc.
The seller must also reimburse the notary’s disbursements, including :
- The cost of publishing the deed of cancellation in the Land Register ;
- Fees for official municipal and school tax statements ;
- The cost of obtaining a statement of co-ownership charges;
- Title insurance premium ;
- Bank transfer fees for payment of real estate broker, certificate of location, tax arrears ;
- Trust account management fees for the seller ;
- Copies of deeds ;
- Courier charges, etc.
Accepting or renouncing an estate when a loved one has named you in his or her will?
It is advisable to seek advice from your notary before deciding to accept or renounce an estate.
Proceeding with the liquidation of an estate without respecting the provisions of the Civil Code could have damaging and costly consequences.
Is it important to do a will search at the Registre des testaments de la Chambre des notaires du Québec?
Yes, it is essential to conduct a registry search to ensure that we have the deceased’s last will and testament.
This search also enables us to determine whether the deceased left a will, which is crucial for proper estate management.
