Monday 11 November 2013

Declaring a Dividend | How to Approve a Declaration of a Dividend

The directors of a company are the ones that must approve a declaration of a dividend.  This blog post explains what is called for in order for a valid dividend to be approved - Approve a Dividend

Sunday 15 September 2013

British Columbia Companies - Qualifications for Directors

BC is very lenient with respect to the qualifications for acting as a director of a BC company.  None of the directors need to be resident in Canada.  However, there are certain restrictions with respect to acting as a director in BC that should be considered before you agree to do so.


Canadian Federal Companies - Director Residency Requirements

When you decide to incorporate a Canadian federal company, you will be expected to follow the director residency requirements and have at least 25% of the directors qualify as "resident Canadians" pursuant to the Canada Business Corporations Act.  The definition of resident Canadian provides that the individual must be legally resident in Canada.  Therefore a Canadian who is not resident in Canada would not be considered a resident Canadian.  



Ontario Companies - Resolutions for Directors | Resolutions for Shareholders | Special Resolutions

The directors and officers of Ontario companies approve matters relating to the corporation's day to day business by passing resolutions either at meetings or by all directors or shareholders, as the case may be, signing a written resolution.  Depending on the type of approval there can be a different form of resolution. The Ontario Business Corporations Act outlines the procedure for approving the various types of matters.


Subsequent to incorporating an Ontario company is is important that the directors and shareholders have a full understanding of the requirements of the Business Corporation Act (Ontario).

Foreign Registration in Toronto, Ontario, Canada

Toronto, Ontario is the largest city in Canada.  For that reason many foreign companies wish to register in Ontario so they can take advantage of the business opportunities.  There is a certain procedure for registering a Foreign Business in Ontario including having an office in Ontario and agent for service.  These requirements can be satisfied with the assistance of a good search house.  

How to Establish a Foreign Business in Canada

Ontario Companies - Director Qualifications

Restrictions on Acting as a Director of an Ontario Company
There are certain restrictions for those who wish to act as directors of an Ontario company.  When incorporating an Ontario company you need to consider these restrictions.  Refer to the above link for more information about what the qualifications are to act as a director of an Ontario company and also for the restrictions that may prevent you from acting as a director.

Sunday 18 August 2013

NUANS

Did you know that in many provinces and some territories a NUANS report is required when you wish to incorporate a company in Canada.   The NUAN is frequently also required when registering other types of business names such as sole proprietorships, partnerships and operating trade names.  


Many people think that all you need to do is think up a name for your new company and then order a NUANS Report.  This is only half true.  It is very important to first have the name pre-cleared.  If you were to pick a name that is exactly like another name already registered, your NUANS report would be rejected.  
NUANS reports are obtained through search houses and it is important to pick a search house that will pre-clear your name prior to obtaining the NUANS report for you.

Friday 2 August 2013

Ontario Master Business License | Ontario Sole Proprietorship

ON sole proprietorship registrations are issued an Ontario Master Business License when they are registered.  Ontario NUANS reports are not required to register Ontario sole proprietorships but it is recommended that the name be pre-cleared regardless in order to confirm the name is not being used by another business.  It is important to have a distinct and different name.


Thursday 1 August 2013

Ontario Business Registration

Ontario Business Registration is simple in Ontario.  The Ontario government does not require a NUANS Search for Ontario when registering a business in Ontario, however, it is advisable to obtain one.  It is important that the name you choose for your Ontario sole proprietorship, partnership or operating trade name is distinct and different from any other name in not only Ontario but in Canada.  


Incorporate in Ontario

Ontario is one of the easiest places to register a new company.  Name granting is fairly easy and the government puts the onus on the person wanting to incorporate an Ontario company to ensure the name they have chosen is correct.  It is advisable to have a specialist assist you in order to ensure that your proposed name is pre-cleared properly and most search houses will do this as part of a service when you order an Ontario NUANS report.    As well, specialists will know what clauses are required in your articles of incorporation.  The Ontario government will not inform you of these clauses.


Monday 22 July 2013

Ontario Certificate of Status

The Ministry of Government Services will issue an Ontario Certificate of Status to an Ontario Company provided certain criteria are met.  Review our blog post for Ontario Certificate of Status for the requirements.


BC Certificate of Good Standing

A BC Certificate of Good Standing will be issued to British Columbia companies provided the company is up-to-date in filing its BC Annual Report with BC Registry Services and has not been dissolved.  If a BC company's annual reports are behind for three years it will be dissolved.


New Brunswick NUANS Report

A NB NUANS Name Search Report is required for registration of a NB sole proprietorship, NB partnership and NB incorporations.


Ontario NUANS Report

Ontario companies must provide an Ontario NUANS Report when submitting the application for incorporation to the Ministry of Government Services.


BC Name Search Report for BC Business Registrations

When a person wishes to register a BC company, BC sole proprietorship or BC partnership he or she must provide a BC Name Search Report, sometimes called a BC Name Search Reservation.


Ontario Operating Trade Name - Legal Requirements for Registration

Legal requirements for Ontario companies to register an Ontario Operating Trade Name, sometimes called an Ontario Business Name, when using a name other than its corporate name.  When these registrations are implemented a Master Business Licence is issued.


Ontario Operating By-law - Enactment, Amendment and Repeal

Ontario companies must enact an Ontario Operating By-law upon incorporation which sets out the rules of the company.


Federal Corporate Search

Federal Corporate Search - Summary of the information provided on the public record for Federal Companies.


Ontario Certificate of Status

Government considerations for granting a favourable Ontario Certificate of Status on behalf of an Ontario company.


Resources for Canadian Business Owners - New Blog Announcement

Resources for Canadian Business Owners, a Canadian search and registration service that offers NUANS name searches, business name registrations, due diligence searches, has started a new blog.  Feel free to visit us for information about Canadian company and business legislation matters.

http://www.canadianbusinessresources.ca/our-blog/