Our Services

Real Estate Law

Real estate law requires a great deal of legal expertise in order to finalize formal loans and sales files. Notary work is paramount in real estate transactions. In fact, a notary can become engaged at the beginning of a real estate project, by drafting offers and promises to purchase, and by providing valuable legal advice. Then, when negotiations between the seller and the buyer come to an end, the notary will once again be called upon to process the transaction.

What role does a notary play in such transactions? First, the notary will receive all transaction-relevant documents from the real estate broker(s), seller(s) and buyer(s). An overall case analysis is then conducted by our team and we will be there to guide you throughout the process.

Here at SM Notaires, we believe in collaboration between everyone involved in your case: real estate broker(s), mortgage broker(s), banking institution(s), land surveyor(s), our team, and you. This ensures that your questions and concerns are always addressed. Our promise to you is to treat you like family, through the delivery of personalized services. Always feel free to contact us with any worries or questions you may have. Our job and duty is to inform you while answering your questions and meeting your expectations.

Business Law

As a business owner, executive and director, you already have a lot of things on your plate. A notary is a valuable partner both for you and your business. As a legal advisor, a notary can provide support on many levels, including corporate and commercial law.

Corporate law pertains to your business’s legal organization. In partnership with your accountant the notary will see to the incorporation, to corporate minute keeping (e.g. drafting the different shareholder and executive resolutions, publishing or revoking shareholder or executive measures, etc.) and everything in between. Alongside your accountant, a notary gives you peace of mind by keeping a watchful eye on your business’s growth, while ensuring proper legal status throughout its operations.

Commercial law touches upon all the transactions made by your business in order to maintain operations and leverage your investments. Whether it be for obtaining a commercial loan from your banking institution, mortgaging your equipment to complete a loan, buying or selling your business assets, etc., a notary has the skills and expertise necessary for ensuring smooth transactions, while delivering sound legal advice and drafting case-relevant contracts.

SM Notaires will be your business partner, supporting you throughout your business project. Our wish is to be there for you and to take care your business in a transparent manner.

Protection of Persons

This is an important part of our practice. Protection of persons is an ongoing focus here at SM Notaires. We seek to reconcile a person’s condition with all legal components and with the expectations of loved ones.

Protection of persons can be approached in a prevention or resolution-centred manner. In a preventive manner, it is possible to draft a protection mandate (also known as the mandate in case of incapacity), but what happens when someone becomes incapacitated? We must then shift into resolution mode and protect the person.

Incapacity can occur at any time from causes ranging from accidents to physical or mental deterioration in relation to illness. It can also be total or partial depending on the person’s condition. Upon such diagnosis by a medical doctor or social worker, a notary steps in to handle the case and to complete the process aiming to protect the incapacitated person.

If there is a protection mandate (in case of incapacity), whether notarized or not, the notary will homologate the protection mandate. In the absence of a mandate, a protection plan must be instated in order to name the person(s) who will be responsible for the incapacitated person.

Our office is committed to offering people-oriented services, as we understand that such situations have a tremendous impact on loved ones. All legal issues aside, we believe it is important to respect everyone’s wishes and to follow the pace set by the family. Our team always takes the time necessary to thoroughly explain the various procedures, while supporting you in your decisions aimed at ensuring the incapacitated person’s well-being.

Will and Protection Mandate

These two notarial deeds are the best protection for a person and his or her assets, namely his/her property and estate.

Among other things, a will allows to plan out what will happen in case of death. In fact, a will must be adapted to the person’s situation (age, marital status, financial situation, etc.). Besides setting out who gets what, a will can also include certain clauses aiming to ensure the longevity of the assets once they fall in the hands of your loved ones. Each person is unique and so is each situation. This reality should be clearly reflected in your will.

On the other hand, a protection mandate is a complete notarial deed that allows you to decide, in advance, what will happen in the event that you should become incapacitated. As such, a notarized mandate states not only the various possible powers granted as a result of you becoming incapacitated, it also designates the individuals who shall act on your behalf. Like a will, a notarized mandate is tailored to your situation, and every situation is unique and specific.

Our team firmly believes in the importance of taking the time to get to know you in order to create a will and mandate that reflect your true needs and wishes, as well as the specifics of your particular situation. SM Notaires is a notary office that believes that services offered to clients are to extend to their loved ones as well. Therefore, when it comes to protection, we are always attentive to your needs and to those of your family and friends.

Estate Settlement

Losing a loved one is never easy. It involves a grieving process made up of several steps. Beyond the psychological aspects of grief, there are several legal issues to consider to ensure that everything is in order.

SM Notaires can help you through the process of settling the estate of the deceased. As no one person or family is alike, we take the time to complete a thorough review of your file before laying out the steps required to settle the estate.

Certain documents and legal certificates are required in order to begin the estate settlement process. Feel free to contact us for guidance during those difficult times and for support in the management of the estate.

Other notarial (legal) services

SM Notaires also offers several on demand legal and notary services, including:

Marriage

As a notary and public officer, we can perform marriages, whether in our offices or at the location of your choice. There is a lot of paperwork involved in marriage preparation. There is even the possibility of drafting a premarital agreement. A marriage is not only a happy event and the union of two people who love each other, it is also an act by which their estates become one, thus requiring certain legal arrangements for which we would be pleased to provide guidance.

Certification of documents

Often confused with the term “Notary Public”, in Québec, a notary is a legal advisor as well as a public officer for legal acts. However, similarly to the Notary Public, in Québec, a notary can certify and validate documents as well as signatures. These are additional services that can be offered at our offices under certain conditions.

Family Agreements

A notary has the power to draft family agreements, including common-law partner agreements (for partners who wish to establish certain legal mechanisms relating to their relationship without getting married) or separation agreements (when married or civil union couples wish to end their relationship voluntarily).