Business law in Quebec applies to any individual, entity or enterprise conducting an economic activity in the Province of Quebec.
We benefit by the products and services offered by businesses and businesses benefit by creating, manufacturing and selling what the market wants and needs.
It is therefore crucial to ensure that the economic powers between businesses, individuals and other entities are balanced and result in equitable outcomes.
Business laws strive to achieve that balance by protecting individuals and businesses equally to ensure that we all prosper in the economy.
What is business law?
Business law governs the relationship between businesses and individuals or businesses among businesses in their commercial dealings, transactions and offerings.
It is the law that governs business relationships, rights and obligations throughout the entire business lifecycle from its incorporation, growth, maturity, decline and dissolution.
Business laws govern business transactions, commercial transactions and contracts.
Business law applies to which business setups?
Business laws apply to all types of organizations and business setups.
Business can be carried out in your personal name, personally using a trade name, in the context of a partnership, with an incorporated company or any other permissible legal vehicle.
Business law is therefore applicable to individuals and entities doing business.
Interestingly, the applicable business laws do not require the exchange of money or an activity designed to earn a profit.
Under Quebec laws, article 1525 of the Civil Code of Quebec states:
The carrying on by one or more persons of an organized economic activity, whether or not it is commercial in nature, consisting of producing, administering or alienating property, or providing a service, constitutes the operation of an enterprise.
In fact, the carrying out of an organized activity, whether or not it is commercial in nature, is considered to be the operation of an enterprise.
Each jurisdiction will have its own unique application of business laws.
Business laws apply to what business life stages?
Business laws apply to a business, individual or enterprise in all of its life stages starting from the start-up, growth, maturity, decline and dissolution.Â
In this context, a business may require a different type of legal service such as:Â
- Incorporation
- Commercial transactions
- Company structuring
- Company restructuring
- Financing
- Employment
- Bankruptcy and insolvency
- Dissolution
The above list is a high-level description as business law is a vast area of the law.
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