TITLE V PROCEEDINGS RELATING TO LEGAL PERSONS

828. The Attorney General and any interested person may take action to ask the court to impose the sanctions prescribed by law, in the following cases:

(1) when the legal person has not been constituted according to law;

(2) when juridical personality has been obtained by fraud or granted in ignorance of some material fact;

(3) when the legal person, its founders or their successors, its directors or senior officers, act repeatedly in contravention of the laws governing their profession, capacity or status, or exercise powers that are not within the competence of a legal person;

(4) when the legal person performs or omits to perform an act the performance or omission of which amounts to a surrender of its rights.

1965 (1st sess.), c. 80, a. 828; 1992, c. 57, s. 385; 1999, c. 40, s. 56.

829. The Attorney General may apply for the annulment of letters patent granted by the State for the reasons set out in article 828.

Such recourse may also be exercised by any interested person, if the Attorney General has given his written authorization.

1965 (1st sess.), c. 80, a. 829; 1992, c. 57, s. 385; 1996, c. 5, s. 53.

830. A judgment annulling the constituting act of a legal person carries the dissolution of the legal person.

The judgment also appoints a liquidator who will proceed with the liquidation of the property in accordance with the statutory provisions applicable in that case or in accordance with the Civil Code.

1965 (1st sess.), c. 80, a. 830; 1992, c. 57, s. 385.

831. If the judgment declares a legal person with no capital stock to have been illegally formed, the persons composing it are personally bound to pay the costs; in other cases, the costs may be levied either upon the patrimony of the legal person, or solidarily upon the personal patrimony of its directors or other senior officers.

1965 (1st sess.), c. 80, a. 831; 1992, c. 57, s. 385.

832. (Repealed).

1965 (1st sess.), c. 80, a. 832; 1992, c. 57, s. 385; 1996, c. 5, s. 54; 2002, c. 7, s. 135.

833. The clerk of the court which rendered a judgment confirming the existence of a cause for annulment of the constituting act of a legal person or confirming the dissolution of a legal person notifies the judgment to the enterprise registrar.

The same applies where the liquidator of a legal person is appointed by the court.

1965 (1st sess.), c. 80, a. 833; 1992, c. 57, s. 385; 2002, c. 45, s. 267.