Frequently asked questions about our legal services, areas of expertise and consultation methods.
1. What legal services does Banks Avocats offer?
We provide legal services in business law, family law, civil litigation, and incorporation services in both Quebec and across Canada.
2. Do you offer legal consultations?
Yes. We offer personalized consultations to assess your legal needs and recommend the best strategy for your situation.
3. Can you help me incorporate a company in Quebec or Canada?
Absolutely. We offer turnkey incorporation packages for companies at the provincial level in Quebec, at the federal level across Canada, and we also handle the required tax registrations (GST/QST).
4. Can Banks Avocats help with international incorporations?
Yes. We offer full support for incorporating in various jurisdictions (UAE, Hungary, Singapore, Seychelles, etc.), including tax optimization and compliance with local regulations.
5. Do you work with international clients?
Yes. We serve clients worldwide, offering services in both French and English, with a tailored approach.
6. What are your incorporation timelines?
Incorporations can be finalized within 24–48 business hours with our express option. Regular processing takes 5–7 business days. For international jurisdictions, timelines vary by country.
7. What payment methods do you accept?
We accept credit cards, Interac transfers, and bank transfers.
8. Can Banks Avocats represent me in court?
No, Banks Avocats does not provide in-court representation, but we can help prepare your case, such as drafting demand letters or Small Claims Court applications. For family law, we only handle uncontested cases. For contested matters or claims over $15,000, we can refer you to one of our trusted partner lawyers.
9. Do you offer legal service packages?
Yes. We offer fixed-fee packages for incorporations, commercial contracts, strategic consultations, and more.
Not bankrupt Legal entities (e.g., companies) can also act as incorporators. One person can serve as incorporator, director, officer, and shareholder.
2. What are the advantages of incorporating federally?
Limited liability : for shareholders
Perpetual existence: of the company.
Tax planning opportunities:
Easier access to capital
3. What is the role of Corporations Canada?
Corporations Canada is the federal agency responsible for administering the Canada Business Corporations Act (CBCA). It handles federal incorporations and ensures ongoing compliance. (Note: Banks and trust companies fall under the Office of the Superintendent of Financial Institutions.)
🏢 Incorporation Structure
What are the advantages of federal incorporation?
Stronger name protection : Names approved by Corporations Canada are protected nationwide. (Note: Quebec does not participate in NUANS. Businesses operating there should check with the Registraire des entreprises du Québec.)
Right to operate across Canada :
Prestige and international recognition
Fast and convenient online services
Should I incorporate or register as a sole proprietorship or partnership?
It depends on several factors: type and size of the business, risks, number of people involved, areas of activity and tax situation. Incorporation offers better legal protection, but it is not always necessary for small, low-risk businesses.
Can I use a P.O. Box as my company’s address?
No. The registered office address must be a physical address. In isolated areas, a detailed description with a mailbox may be accepted on a case-by-case basis.
👥 Shareholders & Ownership
What is a shareholder?
A shareholder is a person who owns shares in the company. Share certificates are issued as proof of ownership.
Do shareholders need to live in Canada?
No.
How many shareholders can a company have?
As many as desired. However, companies with more than 50 shareholders face additional reporting requirements.
Can another corporation be a shareholder?
Yes.
Do you issue share certificates?
Yes, we prepare share certificates for each shareholder.
Do shareholders need to pay for their shares?
Yes. Shares must be paid for before issuance. Common practice is $1 per share upon incorporation.
What type of shares are issued?
Class A Voting Common Shares – giving the right to vote and receive a proportion of profits.
🧑💼 Directors & Officers
What is a director?
A director makes key decisions on behalf of the company.
Must directors be shareholders?
No.
Can one person be a director, officer, and shareholder?
Yes.
Can a company be a director?
No. Only individuals may act as directors.
Who is not allowed to be a director?
Anyone under 18
Anyone legally incapacitated
Anyone who is bankrupt
How many directors are required?
At least one, but there is no maximum.
Can I add directors later?
Yes, with the proper filings.
What is an officer?
An officer handles daily operations. Their duties are defined by the board.
Must officers also be directors?
No, the roles can be separate.
Can an officer resign?
Yes, by written notice.
Can I add officers later?
Yes.
Do officer titles have legal weight?
No. Titles are for internal reference only.
📍 Legal Address & Corporate Records
What is a registered office?
It’s the official location for legal document delivery. It must be accessible during business hours.
What is a records office?
It’s where legal and corporate documents are kept, as required by law.
Can the registered office and records office be different?
Yes, but both must be in the same jurisdiction (provincially or federally).
Can they be at the same address?
Yes.
Should the head office address be in the same city as the company?
