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Introduction

The undeclared partnership was created by the Civil Code of Quebec. The legislator has attempted, through the introduction of this new form of partnership, to propose a legal framework for the joint venture, which had eluded, so far, the grip of the Civil Code of Lower Canada. Although it remains unable to meet the needs of various forms of joint venture for specific legal rules, the undeclared partnership manages to offer a legal framework similar to the joint venture. It should be noted here that the legislator, through Section 2189 CCQ, seems intent on applying the undeclared partnership rules to a very large field, by making them the default rules applying to any business which fails to register properly.

The undeclared partnership is only outlined in the Code, as it can have many purpose but also take various forms. The following document provides the legal, economic, organizational and operational framework of an undeclared partnership. For the purpose of this document, we have selected, as the purpose of an undeclared partnership between several contractors, the construction of a building.

Description

The Undeclared Partnership Agreement is the legal instrument which is used to evidence the operation by which people, called for the purpose of this operation the "Participants", unite their efforts to successfully complete a commercial transaction. To ensure the proper functioning of such a partnership, this contract names a "manager", so as to efficienctly manage the relationship between the Participants and the client.

Use

This document was designed to allow a one-time association between various actors in the field of construction, who wish to make a joint proposal to a potential customer and to perform the required work, if required, as a partnership.

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