Features

LEGAL OBSTACLES SHOULD NOT SLOW YOU DOWN, THE SOLUTIONS ARE OFTEN SIMPLER THAN YOU THINK.

Business Acquisitions & Sales

We advise entrepreneurs and privately held businesses on acquisitions, business sales and corporate restructurings in Quebec. We assist clients with: pre-transaction reorganizations, share and asset purchases and sales; letters of intent (LOIs); due diligence; purchase and sale agreements; working capital adjustments; and transaction closings. Every transaction involves important legal, tax and commercial considerations. Our approach is to provide practical, strategic advice tailored to the client’s business objectives. A well-structured transaction can often reduce risk, facilitate negotiations and help ensure a smoother closing process.

Corporate Reorganizations

We advise entrepreneurs and privately held businesses on corporate reorganizations and the implementation of structures aligned with their business, tax and succession objectives. We assist clients with: estate freezes; holding companies (holdcos); share exchanges; certain purification transactions; implementation of tax planning structures; and corporate restructurings. Corporate reorganizations can help optimize a business structure, facilitate future growth, prepare for a business transfer or support tax planning strategies developed by the client’s tax advisors. Our approach is to ensure an efficient, practical and legally sound implementation tailored to each client’s specific needs.

Creating a new business

Anyone can fill out an incorporation form but later on, the errors you make during this process can cost you dearly. Entrepreneurs often omit to add in the proper number of directors, forget to attach a share capital, or even fail to issue shares and organize the corporation all together. We offer a preliminary analysis of the various types of businesses available in Quebec. As a second step, we may also assist you in preparing the constituting documents and forms, as well as the legal organization of your business and virtual minute book so as to avoid costly corrections later on. Contact us for an informal initial discussion. You may also consider the Business Startup Bundle to add a shareholders' agreement.

Business Succession and Transition

Preparing for a business succession often involves significant strategic, corporate and tax considerations. Whether it involves a family transfer, an internal succession plan or a gradual transition toward the sale of a business, proper planning can help promote the long-term continuity and stability of the business. I advise entrepreneurs and privately held businesses in Quebec in implementing structures and strategies tailored to their transition objectives, particularly in the context of corporate reorganizations, tax-deferred rollovers and shareholder structure reviews. Contact us to discuss the ideal strategy for your business.

From The Blog

ABOUT ME

Me-Sam-Tardif-MalekSam Tardif Malek

After obtaining a bachelors’ degree in civil law from the Université de Sherbrooke and my admission to the Quebec Bar, I decided to pursue my studies to enhance my credentials in business law. I thus obtained a second bachelor’ degree in law (this time at Queen’s University in common law, the latter being the legal system practiced in English Canada and the U.S.), as well as a masters’ degree in business law from the Université de Montréal. I also studied management at the HEC business school and completed the required courses at the Ontario Bar.

I spent the first four years of my career practicing in a boutique law firm focused exclusively in business law. My entrepreneurial spirit then lead me to launch my own practice.

My practice is not similar to traditional law firms. I am fully aware that today’s entrepreneur requires legal advice and services in a flexible and timely manner, the whole within a precise budgetary framework. It’s with this in mind that I advise entrepreneurs, shareholders and privately held businesses on acquisitions, sales, corporate reorganizations, shareholder arrangements and strategic transactions.

Education

  • École du Barreau du Québec
  • Law Society of Upper Canada
    (i.e. the Ontario Bar)
  • Université de Sherbrooke
    Bachelors’ degree in law (civil law)
  • Queen’s University
    Bachelors’ degree in law (common law)
  • Université de Montréal
    Masters’ degree in business law and intellectual property law
  • Canadian securities course | Canadian Securities Institute
    CSC Certification
  • HEC Montréal
    Courses in management
  • World Intellectual Property Organization (United Nations)
    Certificate in intellectual property

 
 

 

Contact

Mtre Sam Tardif Malek
tel. 514-856-5601
fax. 514-856-5601
sam@malekavocat.com 

Law Blog

It’s not because you don’t have a law degree that you can’t be more informed on key legal issues affecting your business. Quite the opposite! Since they will know which questions to ask in a timely manner, curious and legal-savvy entrepreneurs will benefit from an additional advantage over their competitors. That is why we invite you to visit our law blog on a regular basis, you will find business law related texts and content specifically designed for entrepreneurs. Here is a glimpse of the latest published posts:
From The Blog

Business for sale: look under the hood first!

Instead of launching a new business from scratch, many entrepreneurs prefer buying one already in existence. Whether it be purchasing a corporation’s shares or buying the bulk of its assets, it is essential that such an important investment be preceded by a thorough review of the target business. In other words, just as you wouldn’t […]

Deadline for your Annual Declaration: November 15, 2018

As is the case every year, we remind you not to forget the filing of your annual declaration with the Registraire des enterprises du Québec. As such, you will find below an excerpt from a notice we have recently received from the Registrar as an accredited intermediary: If the legal form of your enterprise is […]

Doing business in Quebec? You need to register.

REQ - Employees - French

If you represent a foreign corporation (i.e. a company constituted outside the province of Québec, Canada) and plan on doing business in Québec, you will surely enjoy everything Québec has to offer: culture, cuisine, the French language, outdoor sports/activities, festivals, an amazing landscape and great hospitality are just a few of the perks surrounding our […]

We lost our minute book: Now what?

Corporate book, minute book, company book, whatever you want to call it, for many corporations this (in)famous book is quietly gathering dust on a shelf. In a previous post, we discussed the importance of keeping the corporate book up to date. But what should entrepreneurs do should they unfortunately lose their minute book? As it […]

Business – Startup: Incorporation and Shareholder Agreement

Incorporation pitfalls are avoidable, here is an innovative way to help your startup and secure the right shareholders’ agreement. Our “Business – Startup and Shareholders Agreement” package bundles the following services: Start-up businesses or corporate restructuring: this package will address your legal needs while meeting your budget requirements. For more information, contact us at 514-856-5601 or sam@malekavocat.com

SHOTGUN CLAUSE: RISK OF INJURY?

I have previously written an article on shareholders agreements, a topic that covers many issues, some of which frequently turn up during discussions with my clients. One of these issues is undoubtedly both of interest and concern for many clients: the shotgun clause (also called “compulsory buy-sell clause”). The target Roughly speaking, a shotgun clause […]

Incorporation of my business? A lawyer’s answers.

Entrepreneur: The incorporation of my business, is it a good thing or not ? Lawyer: Whether it be from start-up entrepreneurs or from those doing business for a few years, this is one of the most frequently asked questions in business law. The answer to this question is not complicated, but somewhat complex, since it will […]

The benefits of a share capital with various classes

Whether this option is chosen at the time of incorporation or later, the incorporating documents of each joint-stock corporation includes a designation of shares and a description of their characteristics. This share capital represents the shares the corporation may issue to its shareholders. Thus, while all joint-stock corporations have a share capital, some have the advantage of a flexible, detailed […]