The first step in forming a lifesaving sport club is the incorporation of a nonprofit organization (NPO). This is a group of people who have no intention of making financial gains to share among members. Such a group is a separate legal entity and has rights and obligations of its own.
It is necessary to form an NPO to limit the legal responsibilities of individuals involved in your club. An NPO can:
- To own property in its own name
- Have an existence separate from that of its members
- Sign contracts through its directors
- Have rights and assume obligations and liabilities
- To sue or be sued in the same manner as a natural person
CREATE A LIFESAVING CLUB
SELECT A CLUB NAME
- You must ensure that the name you choose complies with the law and regulations. Please refer to the definitions and rules applicable to the name of an enterprise.
- You must also verify that the name you want to choose is not used by another company in Quebec. To do this, search for an enterprise in the enterprise registry.
- You may also apply to reserve a name with the Registraire des entreprises. Please note that the name reservation is optional, valid for 90 days, and involves a fee.
INCORPORATING A NOT-FOR-PROFIT ORGANIZATION
You must complete the formulaire de demande de constitution en personne morale sans but lucratif (RE-303), here is what you need to know before you begin:
Enter the full names (spelled out) of the applicants whose signatures appear on the first page of the form, their full address (including postal code) and their profession or regular occupation.
Enter the place in Quebec where the head office of your NPO will be located, i.e. the name of the municipality where the head office of your NPO will be located.
Enter the names of at least 3 applicants 18 years of age or older who will act as the first directors or provisional directors of your NPO. The exact number of directors to be elected can be entered under Autres dispositions and changed at any time.
Provide one of the amounts requested below:
- The amount of immovable property which may be owned or held by your NPO
- The income derived from the immovable property which may be owned or held by your NPO
It is best to enter a relatively large amount, such as $500,000 or $1,000,000, to avoid having to apply for additional letters patent later if your nonprofit expands. Note that the amount entered must be greater than $1.00.
This section is used to indicate the purpose or reason for the incorporation of your NPO. Your NPO is being incorporated to carry out the purposes stated in the application. The Registraire des entreprises generally asks applicants to include the following phrase at the beginning of the purposes: "For purely social purposes and without the intention of pecuniary gain for its members."
When writing your purposes, please remember:
- Be brief (two or three short sentences)
- Be written in words that are general in scope
- Be specific enough to understand the type of NPO involved
- Emphasize that all profits from your NPO will be used to achieve the goals
- Emphasize that the activities of your NPO will be strictly non-profit in nature
You do not have to indicate how your NPO intends to accomplish its purposes or what activities you plan to pursue (i.e., it is not relevant to indicate that your NPO plans to purchase sports equipment). You also do not need to indicate the powers your NPO has to accomplish its purposes or its rules of internal governance.
EXAMPLES OF PURPOSES
- "To promote amateur sport among the population, particularly in the [...] region."
- "To foster amateur sports activities and the pursuit of excellence in this field."
In order to validate your application for incorporation as an NPO, one of the persons whose signature appears on the first page of the form (i.e., one of the applicants) must vouch for the accuracy and completeness of the information contained in the application.
NAME OF NON-PROFIT ORGANIZATION
Enter the exact same name as the one appearing on the first page of the application.
DECLARATION OF AN APPLICANT
Enter the last name, first name, occupation and address of the applicant signing the application in the spaces provided before having the applicant sign the affidavit.
Enter the place and date of the solemn affirmation, which must be the same as or later than the date of the application. The affidavit must be signed by a person authorized to administer oaths.
The following persons are authorized to administer oaths: lawyer, notary, judge, officer of the court, justice of the peace, mayor, clerk, secretary-treasurer of a municipality or commissioner for oaths.
If the applicant signing does not hold any of the above positions, enter in the space provided the name of the judicial district in which he or she exercises jurisdiction, his or her commissioner of oaths number, or his or her capacity to take oaths.
Once you have completed your application, you must attach the following documents:
- Your search report and name reservation reference number (if applicable)
- Your affidavit (sent within 60 days of registration)
- The required payment (made within 10 days of submitting your application)
If your application is complete, compliant and the required fees have been paid, the Registraire des entreprises will send you letters patent. The Registraire des entreprises will then proceed with the registration of the NPO and will assign you a numéro d'entreprise du Québec (NEQ). Once registered, the NPO will have legal obligations stemming from registration to fulfill on an annual basis.
You can consult the guide " Comment constituer une personne morale sans but lucratif (RE-303.G)" as well as the list of fees and terms of payment for more information.
SEND YOUR FORM
The incorporation application and other documents must be sent by mail to the following address:
Registraire des entreprises
P.O. Box 1153, Station Terminus
Quebec City, Quebec G1K 7C3