Dear clients and friends,
The holiday season is arriving
apace. It will soon be time to celebrate, with
sumptuous repasts and toasts “in the eyes”. We
are all looking forward to ringing in 2010 with
loved ones, and saying farewell to 2009.
2010 has a very special meaning
for me, as it will mark the start of a new era.
In fact, I have been heading up CRAC for 30
years now, and the time has come to make way for
the next generation.
As I have a hard time
saying the word “retire”, I’d rather
talk about an extended vacation … I
already feel better! Believe me when I
say that the decision has been
thoroughly weighed, discussed, assessed,
understood and accepted. Yes, it is time
for me to sail
off to discover new seas
and hand the reins over
to the up-and-comers! This is why this
announcement comes with another piece of
heartfelt news: announcing that Me
Annie Fredette will be filling my shoes
and taking over CRAC’s reins.
From left to right: Me Thérèse Fredette
and Me Annie Fredette
As she so aptly remarked, “things
will not feel too strange, as the name FREDETTE
will continue at CRAC ...”
Why am I happy? What more could I
ask for! Much of my life remains here …
everything I value most, in fact: my business,
my employees, my work and my clients. So I’m
fact that all of my recommendations regarding
the business’s future have been approved is very
fact that my managers have been confirmed in
their positions, with their responsibilities
acknowledged is excellent …
fact that my niece, a lawyer, is taking over for
me is a very reassuring decision that augurs
solid continuity, a smooth transition, and
success for years to come.
I can depart with peace of mind
and my heart at ease, with pleasure and a little
nostalgia, but happy.
I know you will be in good hands
and that you will support my people as you have
supported me for the last 30 years.
Thank you for allowing me to work
with you for all this time. Thank you for being
there to say goodbye. Thank you for welcoming
Annie and congratulating her on this promotion.
Thank you for continuing to do business with us!
Your clientele is precious, which is why I want
to keep you informed about these changes, and
tell you about them myself.
For 2010, my best wishes for
happiness, success, joy and health for you, your
colleagues and loved ones.
Take care and do not hesitate to
contact me. I’ll be here until the end of
As you now know, Me Annie
Fredette will be replacing Me Thérèse
Fredette. But who will take over from
Annie as head of corporate services? We
are delighted to announce that another
coming to CRAC,
Cadieux, who was admitted to the Bar in
2007. A dynamic young attorney who
founded the firm Cadieux Larivière in
Chambly, Madeleine is ready to return to
CRAC, where she worked following her
Bachelor’s in Law, to take on new
challenges. Welcome, Madeleine!
From left to right: Me Madeleine Cadieux
and Me Annie
New: expedited articles of
CRAC already offers expedited
electronic filing services for provincial
incorporations and provincial declarations.
Within 12 to 48 hours, you receive your
certificate or your stamped declaration from the
Quebec Enterprise Registrar.
And now, articles of amendment
are included in this service.
For as little as $147.00*, the
turnaround time for provincial articles of
amendment using priority service is 12 to 48
hours. In order to deliver the document as
quickly as possible, a stamped electronic copy
of your articles of amendment will be sent to
you via e-mail with no additional cost!
For articles of amendment using
regular service, the turnaround time is 4 to 7
business days. The fees are $89.00*.
For more information, please
contact Mr. Pierre Bilodeau at 514-861-2799
extension 343, toll-free at 1-800-361-5744 or
fees and taxes not included
Application of the Charter of the
French Language to names:
The Quebec’s Enterprise Registrar toughens its
By Denis Livernoche, Manager, Name Searches,
Did you recently file a request
for a new name with the Quebec’s Enterprise
Registrar and were turned down, but don’t
understand why? The explanation may lie in the
Registrar's new stance on the rules on how to
write names drafted by the Office québécois de
la langue française (OQLF).1
Firstly, note that a corporate or
trade name must have a version that complies
with the provisions of the Charter of the French
Language, pursuant to section 9.1(1) of the
Companies Act (R.S.Q., c. C-38) or section
13(1) of the Act respecting the legal
publicity of sole proprietorships, partnerships
and legal persons (R.S.Q., c. P-45).
When your name request is filed,
the Registrar exercises a priori controls for
certain rules governing how business names are
written, which primarily stem from sections 63
to 68 of the Charter of the French Language
(R.S.Q. c. C-11) and section 27 of the
Regulation respecting the language of commerce
and business (R.S.Q. c. C-11, r.9). Some
name formulations suggested in the rules were
treated as recommendations, whereas the general
rules were applied to the letter. In the last
several months, we have noted that some
recommendations are now being applied more
Let’s start with a fairly
familiar case that many will have run into:
adding the generic term “Entreprise” to conform
with the Charter of the French Language. For
example, registering an extra-provincial entity
called “National Rally Services Ltd.”,
in the past,
the French version of
“Entreprises National Rally Services” enabled
the registration request to be approved. This
type of request would now be rejected, as the
word “Rally” is clearly a generic English term,
and the term “Rally Services” follows English
grammar. The Registrar would accept suggestions
such as “Entreprises de Rallye National” or
“Services de Rallye National." In short, the
main rule is to determine whether the English
words in the entire name are construed as
generic or specific. If they are clearly
specific, simply adding the word “Entreprise”
brings the name into line with the Charter.
E.g.: Entreprise Pink Clouds
Another example involves compound
words that are entirely or partially made up of
words from another language. The example of the
business name “Importations Quicktrading Inc.”
which appears in the OQLF composition rules
would not longer be acceptable, as
"Quicktrading" is a compound neologism in which
the term “trading” is only a translation of the
generic French term “Importations”. The general
rule states that “the generic French words
cannot be repeated in another language in the
same name” (our translation). This means
the name must be split into two versions:
“Importations Quick Inc.
/ Quick Trading Inc.”
Moreover, the Registrar pushes
the reasoning on this rule even further.
In a business
name like “Multimédia Palvideo Inc.”, if the
company’s activities are associated with
video transfer, the presence of the English
word “video” is deemed to add a generic term in
another language within a single version, even
if it is not the translation of the generic
French word. The
“e” in the word “video” must therefore be
accented for the request to be approved.
E.g.: Multimédia Palvidéo
But the most astounding addition
of all the rules, the one that is driving
discussion, is the requirement to justify the
source of an acronym in a name.
for a simple business name such as “F.T.B.
Inc.”, the origin of the letters “F, T. and B”
has to be provided with the request, to show
that the acronym is French or that it has no
meaning in another language.
E.g.: F.T.B. = For The
F.T.B. = Festival des
Travailleurs du Bois
F.T.B. = Filion Turner
Lastly, for the abovementioned reasons, the
Registrar also requires that an acronym’s origin
be explained, regardless of whether it is
accompanied by a generic word, if the first
letter of the word appears in that acronym.
E.g.: Association A. F. H. E.
For the Homeless on Earth
Fraternelle des Hockeyeurs de l’Estrie
All in all, the Quebec’s
Enteprise Registrar is requiring more and more
explanation and justification, to make sure that
all of the rules that apply to using French in a
name are obeyed, in order to comply with the
provisions of the Charter of the French
Registrar recently appointed a manager to draft
an internal policy on applying these rules; the
policy should materialize in the coming months.
have certainly sent out a shock wave.
It will be
interesting to follow this matter and see
whether the Registrar relaxes or hardens its
position on some rules.
Office québécois de la langue
française, Vivre en français, Règles
d’écriture des noms d’entreprises en
The incorporation of professionals:
a handy checklist!
In 2008, we have prepared for you
a comparative chart of the requirements
applicable for the incorporation of various
professions authorized by their own professional
orders. We add an additional part for the
professions of radiologist technologists,
bailiffs and dispensing opticians (part 4).
In it you will find information
regarding the date on which the regulation came
into force, the holding of voting shares, the
composition of the board of directors, the
quorum at meetings of the board of directors,
the restrictions on activities to be stipulated
in the by-laws, and the conditions regarding
authorized corporate names, including numbered
This table is a summary. It is
accordingly recommended that you always also
refer to the regulation that applies in your
case. In fact, you will find the exact reference
to this regulation in the first row of the
The table is divided into four parts and
presented in PDF format for ease of reading.
chartered accountants (CA), advocates, notaries,
certified general accountants (CGA)
physicians, land surveyors, optometrists,
guidance counsellors and psychoeducators
dentists, pharmacists, denturologists and
radiologist technologists, bailiffs and
The order in which these various
professions are presented was determined based
on the effective date of the applicable
Annie Fredette, assisted by
Pierre Bilodeau, produced the table.
Me Fredette also produced, in French and in
English, several schedules to the by-laws of
these professions. They are available, free of