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LEGAL INFO

Please read the following sections carefully

Products and services

Fees, disbursements and taxes

The prices displayed on the Nolos website, as well as those displayed elsewhere, in particular in our advertisements, correspond to the total price.

They include all fees and disbursements payable, but do not include applicable taxes.


Professional services included

The prices displayed include only the professional services described in each of the sections below.

Any additional professional services will be billed as provided in the sections below.


Promotions made on the Internet

Any promotion made via Internet broadcast or publication is effective for a minimum of 60 days after the last authorized broadcast or publication.

A broadcast or publication is authorized if it is made:

  1. directly by Nolos.
  2. via the official Nolos social media pages
  3. via the official pages of the directors of Nolos.

 

Sharing of a broadcast or post by any other person is not considered authorized for purposes of calculating the 60-day period.

 

Promotions made elsewhere than on the Internet

Any promotion made via broadcast or publication elsewhere than on the Internet is effective for a minimum of 60 days after the last authorized broadcast or publication.

Since 2020, remote signing of notarial acts using electronic signatures has been allowed.

Before the amendment to the Loi sur le notariat, ch. N-3 on October 24, 2023, remote signing of a notarial act could be done in all situations and without limitations.

However, since the amendment to the Loi sur le notariat on October 24, 2023, remote signing of a notarial act is now possible only under certain conditions and upon request.

This remote signing can be authorized by the notary public of Nolos if you request it and if other conditions of the Loi sur le notariat are met.

These other conditions are as follows:

  1. The circumstances require remote signing.

    For example, this could be the case if:

    1. You are located far away from a notary.

    2. Your health condition, restrictions, functional limitations, or weather conditions prevent you from traveling.

    3. Public Health or weather conditions prevent travel.

  2. Remote signing can be done while respecting the rights and interests of all parties involved.

  3. The authorization allows the notary to properly fulfill the obligations related to their role as a public officer (duty to advise, assessment of your understanding of the document, and your ability to sign it).

The assesment of these criteria is done by the notary in response to your request for remote signing, and the decision to authorize remote signing is discretionary.

The authorization can be revoked at any time, especially if the circumstances that led to the authorization no longer exist. The notary who revokes their decision does not need to justify this revocation.

APP LIMITATIONS
Our online app gives you the opportunity to create your will (attested or notarial) at your own pace by completing an intelligent questionnaire.

Depending on whether you choose to make an attested or a notarial will, the following particularities apply:

Attested Will

To generate your attested will, our app only takes into account the answers you have given and the information you have provided.

Our tool being intended to generate a form allowing you to build your basic will including only a universal legacy, one or more specific legacies, the appointment of a liquidator and the appointment of a tutor to minor children, it is possible that the questions asked do not cover all aspects of your estate planning.

Accordingly, by making your own attested will, you agree and understand that:

  1. You represent yourself.
  2. No legal professional (notary or lawyer) will review your answers or information.
  3. If your situation would benefit more from the intervention of a legal professional (notary or lawyer), you acknowledge that you voluntarily agree to simplify your estate planning by using our app.

Our app will generate the form of your attested will automatically and instantly.

For your will to be valid, you must print it, date it and sign it with your two (2) witnesses in the places provided (your initials and those of the witnesses on each page and signatures at the end). Your witnesses must be adults and not be named as legatees or heirs in the will.

Attested wills must be subject to a probate procedure upon death. This procedure is carried out either before a notary or before the court. This procedure involves costs upon death. By using our app, you acknowledge having been advised that will probate fees would be payable upon your death.

 

Notarial will

Once your questionnaire has been completed, you will be invited to choose a date for a first virtual meeting with a Nolos legal advisor.

During this meeting, which lasts about 30-45 minutes, our advisor will review your draft will, give you general information, and make recommendations if necessary.

If modifications to the sections “universal legacy”, “particular legacy”, “liquidator” or “guardian to minor children” were necessary, these will be made free of charge.

However, the addition of other sections, such as, but not limited to, a trust clause or an extended administration clause, will involve additional costs, which will be subject to prior evaluation.

Thereafter, you must provide us with the documents required to establish your identity and legal capacity.

Once your file is complete, you will be invited to choose the date of your second appointment for the signing of your notarial will, either in person or remotely*

During this second meeting with a notary from Nolos, your will will be read to you in full, after which the electronic signature will take place.

Your notarial will will then be registered in the Register of Testamentary Dispositions of the Chambre des notaires du Québec, after which an authentic copy (certified copy) will be sent to you electronically by email.

Notarial wills do not have to be probated upon death.

 


* Remote signing can be authorized by the notary of Nolos if you request it and if all conditions of Article 46 of the Loi sur le notariat, ch. N-3 are met. Please refer to the “Remote Signing” section above for details.

APP LIMITATIONS
Our online app gives you the opportunity to create your power of attorney (attested or notarial) at your own pace by completing an intelligent questionnaire.

Depending on whether you choose to make an attested or a notarial power of attorney, the following particularities apply:

Attested power of attorney

To generate your attested power of attorney, our app only takes into account the answers you have given and the information you have provided.

Our tool is intended to generate a form allowing you to build your basic power of attorney including only the appointment of a mandatary for property, the scope of his powers, the appointment of a mandatary for the person, your wishes for health care, and the appointment of a guardian for minor children, the questions asked may not cover all aspects of your incapacity planning.

Accordingly, by making your own attested power of attorney, you agree and understand that:

  1. You represent yourself.
  2. No legal professional (notary or lawyer) will review your answers or information.
  3. If your situation would benefit more from the intervention of a legal professional (notary or lawyer), you acknowledge that you voluntarily agree to simplify your disability planning by using our app.

Our app will generate the form of your attested power of attorney automatically and instantly.

For your power of attorney to be valid, you must print it, date it and sign it with your two (2) witnesses in the places provided (your initials and those of the witnesses on each page and signatures at the end). Your witnesses must be adults and not be named as your mandatary in the power of attorney.

Attested power of attorneys must be subject to a homologation procedure upon disability. This procedure is carried out either before a notary or before the court. This procedure involves costs upon disability. By using our app, you acknowledge having been advised that homologation fees would be payable upon your disability.

Notarial power of attorney

Once your questionnaire has been completed, you will be invited to choose a date for a first virtual meeting with a Nolos legal advisor.

During this meeting, which lasts about 30-45 minutes, our advisor will review your draft power of attoney, give you general information, and make recommendations if necessary.

If modifications to the sections “mandatary to the property”, “mandatary to the person”, “wishes on health care” or “guardian to minor children” were necessary, these will be made free of charge. However, the addition of other sections, such as, but not limited to, a trust clause or an extended administration clause, will involve additional costs, which will be subject to prior evaluation.

Thereafter, you must provide us with the documents required to establish your identity and legal capacity.

Once your file is complete, you will be invited to choose the date of your second appointment for the signing of your notarial power of attorney, either in person or remotely*.

During this second meeting with a notary from Nolos, your power of attorney will be read to you, after which the electronic signature will take place.

Your notarial power of attorney will then be registered in the Register of Protection Mandates of the Chambre des notaires du Québec, after which an authentic copy (certified copy) will be sent to you electronically by email.

Notarial power of attorneys do also have to be homologated before they are effective.

 


* Remote signing can be authorized by the notary of Nolos if you request it and if all conditions of Article 46 of the Loi sur le notariat, ch. N-3 are met. Please refer to the “Remote Signing” section above for details.

Policies and procedures

Purpose

This policy aims to present our complaint handling and dispute resolution process. It specifies how we ensure fair and free processing of complaints submitted to us regarding the products and services we offer.

This policy applies to all divisions of Nolos, cabinet multidisciplinaire inc.

1. Definition of a Complaint

For the purposes of this policy, a complaint is understood as a client’s statement that constitutes the expression of at least one of the following three elements:

  • A reproach towards us or one of our representatives;
  • Identification of a potential or actual harm suffered or that the client could suffer;
  • A request for corrective action.

Not considered a complaint is any informal approach aimed at rectifying a particular problem, provided that the issue is resolved in the normal course of our activities without the client filing a complaint.

2. Our Complaint Handling and Dispute Resolution Manager

Our Complaint Handling Manager is Alexandre Roy, lawyer.

He ensure that any complaint received from you is processed in accordance with this policy and act as the point of contact for the Autorité des marchés financiers (Financial Markets Authority).

3. Submitting Your Complaint

Your complaint can be submitted to us in writing at the following address:

Alexandre Roy
657, boulevard Curé-Labelle, bureau 202
Laval, Quebec H7V2T8

Email: administration@nolos.ca

If you need assistance in formulating your complaint, you can also contact us by phone at 1-833-546-6567, and we will be able to assist you.

4. Receipt of Your Complaint

Upon receipt, your complaint will be handled by our Complaint Handling Manager, who will record it in the complaints register and acknowledge receipt within 10 days. The acknowledgment of receipt, along with a copy of our Complaint Handling and Dispute Resolution Policy, will include the following:

  • The name and contact details of our Complaint Handling Manager;
  • A description of our complaint handling process, including response times and information about your rights and remedies in case of dissatisfaction with the process or our response.

In certain situations where additional information is required, we may also send you a request for further information, to which we will ask you to respond within 10 business days. Failure to do so will be deemed as abandoning your complaint.

We will also notify the relevant insurer if their cooperation is necessary to resolve your complaint or if it may have implications on their activities or relationship with you. We will then collaborate with that insurer to settle your complaint.

5. Processing Your Complaint

Your complaint will undergo a thorough analysis in which the Complaint Handling Manager will gather the facts specific to your case.

At the conclusion of this analysis, you will receive a written and reasoned response within a reasonable timeframe, typically within 60 days of receiving all the necessary information for processing your complaint.

6. Contents of Your Complaint File

Your complaint will be kept in a separate file, which will include the following:

  • Your written complaint and any documents you have provided;
  • The result of the complaint handling process (analysis and related documents);
  • A copy of the written and reasoned decision transmitted to you by the Complaint Handling Manager.

7. Transfer of Your Complaint File

If you are not satisfied with the handling of your complaint or the final decision reached after processing, you may request the transfer of your complaint file to the Autorité des marchés financiers (Financial Markets Authority).

We will then forward your complaint file, including the aforementioned documents, subject to applicable rules for the protection of personal information.

8. Our Complaints Register

We have established a complaints register for the purpose of implementing this policy. The register is kept up to date by our Complaint Handling Manager. Any complaint falling within the definition mentioned in Article 1 of this policy must be recorded in the register, in accordance with the criteria of the Autorité des marchés financiers complaints reporting system.

9. Complaint Declarations

Our Complaint Handling Manager submits the required complaint declarations to the Autorité des marchés financiers twice a year, as follows:

  • No later than July 30, for data collected between January 1 and June 30;
  • No later than January 30, for data collected between July 1 and December 31.

Furthermore, in accordance with a directive issued on May 25, 2017, by the Autorité des marchés financiers regarding autonomous representatives and single representative firms, single representative firms are not required to report in the complaint declaration system in the absence of complaints. However, upon receiving a complaint, they are obligated to report it according to established procedures.

10. Effective Date and Amendments

This policy has been in effect since November 1, 2022. It may be amended from time to time, particularly in the event of significant changes to the law or regulatory requirements.

Purpose

This policy aims to outline our commitments regarding the protection of your personal information (“Information”). It describes how we collect, use, disclose, retain, and protect your Information, as well as your rights concerning it.

1. Definitions

Personal Information: Personal information is defined as any information that pertains to an identifiable individual. Your personal information includes any information that can be associated with you, such as your residential address, phone number, and personal email address. Personal information can be stored in various formats, including written, graphic, audio, visual, computerized, or other formats.

Law: The Act Respecting the Protection of Personal Information in the Private Sector, R.S.Q., c. P-39.1.

 

2. Our Privacy Officer

Our designated Privacy Officer is Mr. Ghassan Barakat. He is responsible for the approval and implementation of this policy and the procedures governing the protection of personal information within the organization. You can reach him at:

Ghassan Barakat
Nolos, cabinet multidisciplinaire inc.
657 Curé-Labelle Boulevard, Suite 202
Laval, Quebec H7V2T8

Email: administration@nolos.ca

3. Our Responsibility for Your Information

We are responsible for safeguarding the information we hold or that is under our control, including information entrusted to third parties for processing your case and providing quality services. Third parties we work with are required to provide written assurances that they will respect our information protection rules.

 

4. Reasons for Collecting Your Information

We only collect information that is necessary to provide you with legal and financial products and services that meet your needs and to ensure ongoing management of your file throughout our business relationship. This may include information necessary to determine your eligibility for a contract, understand your financial situation, or comply with legal requirements.

 

5. Your Consent to Collection

We ensure that you are informed and provide consent for specific purposes of collecting, using, or disclosing your information. We will also obtain your consent before using your information for other purposes.

We will generally request your written consent, but you may also provide it verbally or electronically. In some cases, consent may be implied.

You can withdraw your consent at any time, subject to applicable legal or contractual restrictions. We will inform you of the consequences of such withdrawal, including the possibility of no longer being able to provide services or process a request.

In certain situations prescribed by law, we may collect, use, or disclose your information without your consent. This occurs when obtaining consent is challenging or impossible for legal, medical, or security reasons. The same applies when this information is necessary for investigating, detecting, preventing fraud, or enforcing the law.

 

6. Limitations on Collection, Use, and Disclosure

We only collect information necessary for the purposes we have indicated. Your information is collected directly from you, unless you have consented to obtaining it from third parties or as permitted by law.

We only use your information for the purposes for which we collected it. Only individuals who require this information to perform their duties or fulfill their mandates will have access to it.

We will not disclose your information to a third party without your consent, except as required or permitted by law.

 

7. Retention and Destruction of Your Information

We retain your information for as long as necessary, particularly for follow-up purposes, updating your file, or complying with legal timeframes. When disposing of your information, we will take necessary measures to ensure confidentiality and prevent unauthorized access by third parties.

 

8. Accuracy of Your Information

We take reasonable measures to ensure that your information is as accurate and complete as possible when collecting, using, or disclosing it.

 

9. Our Security Measures

We protect your information against loss, theft, and unauthorized access using security measures appropriate to its level of confidentiality. Only those who require access to perform their duties or fulfill their mandates will have access to your information.

These measures may include locks on cabinets and doors, access restrictions and controls to our offices and computers, confidentiality agreements or commitments, technological measures such as firewalls, access restrictions based on levels, archiving data using an external system, the use of identifiers, passwords, encryption procedures, and other security measures.

 

10. Transparency about Our Policy and Practices

We provide you with information about our policy and practices regarding the protection of personal information. Upon request, we will also provide you with a copy of this policy.

 

11. Right to Access and Correct Your Information

You have the right to access your information. Upon written request, we will provide you with the information we hold about you and how we collected, used, and disclosed it.

We will provide this information to you within a reasonable timeframe after receiving your written request. Reasonable fees may be charged for transcription, reproduction, and transmission of the information. We will inform you in advance if such fees apply.

In certain circumstances, we may refuse to provide you with certain requested information for legal, security, intellectual property reasons, or if the information pertains to other individuals. In such cases, we will inform you of the reasons for refusal and your recourse options.

We may temporarily deny you access and ask you to designate a healthcare professional of your choice to receive communication of your medical information and provide it to you if there are reasonable grounds to believe it would result in serious harm to your health.

At any time, you can verify the accuracy and completeness of your information and request corrections if necessary. We will process your correction request within a reasonable timeframe.

Any request for access or correction should be addressed to the Privacy Officer at the following address:

 

12. Complaints and Requests for Information about Our Policy or Practices

You can contact the aforementioned Privacy Officer with any complaints or requests for information regarding our policy or practices.

 

13. Effective Date and Amendments

This policy has been in effect since November 1, 2022. It may be amended from time to time, particularly in the event of significant changes to the law or regulatory requirements.