The necessary provincial forms will be filled with the information you provide during your incorporation. Most provinces and territories charge for registering a corporation. The cost varies depending on the province or territory. We've partnered with these provinces to make registration easier and faster:. Start registration For all other registration requirements, visit the appropriate website to start your registration:. You may have already registered your business with Ontario when you incorporated.
Confirm directly with the province to know for sure. You may have already registered your business with Newfoundland and Labrador when you incorporated. You may have already registered your business with Nova Scotia when you incorporated.
Look up your federal corporation. The location of the directors and shareholders, as well as their ability to travel, is an important consideration when deciding between incorporating under the Ontario Business Corporations Act or the Canadian Business Corporations Act. Under the Ontario Business Corporations Act, quorum exists where the holders of a majority of the voting shares are present or represented by proxy.
The CBCA, by contrast, provides more flexibility by recognizing quorum even where shareholders or directors are present electronically or over conference call.
This is useful for founders where the directors and shareholders of the company are not in the same city. When you go to incorporate a company the government must first know if that name has been taken. You cannot incorporate a company with a name that is exactly the same as another name already registered.
In order for the government to ensure that the name is free to use it needs to see a NUANS name search report or similar name search report depending on the jurisdiction.
The report will show the government whether there is an exact name already registered for the proposed name you wish to use. The name search report is also your way of determining whether there are additional conflicts to your name.
The onus will be on you to look over the entire report and make sure you are not proposing to use a name that is even close to another corporate name or trade-mark since the owner of the name could still have a claim against you if your name is too similar and his or her company name has had a large presence in the marketplace for many years.
When incorporating under the Ontario Business Corporations Act, the name selection is self-policing; that is, the name chosen by the person seeking to incorporate simply needs to be available under Ontario laws. Seeking a name under the Canada Business Corporations Act Name is decided by government examiners based on availability across Canada. Because the name selection under the Canada Business Corporations Act is decided by government examiners based on availability across Canada, turn-around time is usually longer than selecting a name under the Ontario Business Corporations Act.
That being said, because government examiners are integral to selecting the name, this also offers enhanced name protection. While incorporating under the CBCA is cheaper upfront, there may be more onerous filing requirements for corporations that incorporate under the CBCA but only carry on their business in Ontario. The advantage of incorporating under the Ontario Business Corporations Act is that it combines both the tax and the annual filing requirement into one form.
This means that corporations are responsible for just one filing per year. In addition to simplicity, this bundled process reduces legal and accounting fees. Federally-incorporated businesses carrying on a business in Ontario need to comply with the filing requirements of the Corporations Information Act and the Business Names Act in Ontario.
Please refer to our info-graphic below for a summary of the advantages and disadvantages to incorporating federally versus provincially. For more information on the advantages and disadvantages of Provincial Ontario Corporation and a Federal Canada Corporation and for assistance in selecting your type of corporation, Contact Us to speak with one of our business lawyers.
The above provides information of a general nature only. This does not constitute legal advice. This means that federally incorporated companies must produce documents for Corporations Canada AND for the Registraire des entreprises, so they will have twice as much paperwork to fill out!
Please note that at Lex Start, our fixed-price incorporation kit includes government fees, whether for a federal or provincial incorporation in Quebec. Another difference between companies incorporated provincially in Quebec and those subject to the federal regime is where they can establish their head office. Whereas, the Canada Business Corporations Act allows corporations to establish their head office anywhere in Canada.
In addition, the name chosen by a federally incorporated company not to be confused with its trademark is nationally protected. This Quebec-based restaurant wants to carve out a place for itself in the Ontario restaurant market. Being federally incorporated, this restaurant will be able to do business in Ontario under the same name. So, if you are already planning for your future company to do import-export business, incorporating your business federally could be a good idea.
Does this mean that provincially incorporated companies cannot do business anywhere other than on the land of Quebec? Absolutely not. However, provincially incorporated companies will have to deal with the following two problems. First, it may be more complicated for these companies to establish themselves outside of Quebec because they will have to comply with the regulations of other provinces. Second, the names of companies incorporated in Quebec will not benefit from a global canadian protection and may be used by other companies in other provinces and territories.
Regarding the name of a company, two important aspects need to be addressed. This charter stipulates that corporations doing business in Quebec must have a French name.
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