If you are the guarantor for more than one company

All companies take one of the following legal forms of organization: natural person, legal person, or partnership. In the context of obtaining a licence from the Régie du bâtiment du Québec, there are some special cases that can arise in determining whether or not a natural person can serve as guarantor for a company or apply for a licence on behalf of a partnership or legal person.

Natural person who holds 50% interest or voting shares

A natural person, whether or not they hold a licence, may apply for a licence on behalf of more than one partnership or legal person if they hold 50% interest in these partnerships or 50% of the voting shares of these legal persons, and have not waived the rights attached to their participation or shares.

Despite the foregoing:

• A natural person who, on June 30, 1992, held a contractor's licence and was the guarantor for a partnership or legal person as an officer may remain the guarantor for that partnership or legal person, for the same licence subclasses.
• A natural person who, on June 30, 1992, did not hold a contractor's licence but was the guarantor for more than one partnership or more than one legal person as an officer may remain the guarantor for those partnerships or legal persons, for the same licence subclasses.
• A natural person who, on June 30, 1992, was the guarantor for more than one legal person as an officer may remain the guarantor for those legal persons, for the same licence subclasses.

Licence application for an affiliated or controlled legal person

A natural person who is the guarantor for a legal person holding a licence may apply for a licence on behalf of a legal person that is controlled by that legal person or by another legal person affiliated with that legal person.

• Legal persons are affiliated if one is controlled by the other.
• A legal person is controlled by another legal person if the latter owns 50% of the voting shares and has not waived the rights attached to those shares.

Legal person or partnership constituted for the purpose of a single construction project

A natural person who holds a contractor's licence may apply for a contractor's licence on behalf of a partnership or a legal person constituted for the purpose of carrying out construction work on a single construction project, for the same licence subclasses the person already holds, if they meet both of the following criteria:

• They are a member of the partnership or a shareholder holding voting shares of the legal person.
• They have not waived the rights attached to their participation or shares.

A natural person may make such an application on behalf of more than one partnership or legal person thus constituted, provided that they meet the above conditions in respect of each partnership or legal person.

A natural person who is the guarantor for a partnership or legal person, who holds a contractor's licence and is a member of one or more partnerships, or a shareholder holding voting shares of one or more legal persons, constituted for the purpose of carrying out construction work on a single construction project may, for the licence subclasses held, apply for a contractor's licence on behalf of those partnerships or legal persons. That partnership or legal person must not have waived the rights attached to its participation or shares.