Can a company conduct business under a name other than its own name or legal name?

Yes. A corporation may conduct business and identify itself under a name other than its own. In Quebec, the law uses the term “name” of the corporation, while under federal law, it uses, among other terms, the expression “corporate name.”

The name of a Quebec corporation is set forth in its organizational documents, specifically its articles of incorporation and certificate of incorporation. Under federal law, the corporate name is specified in the articles of incorporation.

A corporation may conduct business under a different name—commonly referred to as an assumed name, trade name, or, in some cases, business name—provided that it complies with the applicable rules.

For example, a corporation incorporated under the name 1234-5678 Québec Inc. could conduct business under the trade name Construction ABC. In a contract or other document where the company’s name must appear, it could be identified as 1234-5678 Québec Inc., doing business as Construction ABC.

Using a trade name allows a business to adopt a name that reflects its activities without changing its corporate name in Quebec or its legal name under federal law.

Before using a trade name, it is particularly important to verify:

• that it complies with the requirements set forth in applicable laws;
• that it does not infringe on the rights of another business or a third party;
• in Quebec, that it complies with the applicable French language requirements;
• under federal law, that it complies with the requirements and prohibitions applicable to the names under which a corporation may conduct business;
• that it is registered with the Québec Enterprise Registrar when such registration is required.

These checks help ensure, among other things, that the trade name used to operate the business does not need to be changed at a later date.

The use of a trade name does not create a new corporation nor does it alter its legal identity. Contracts, rights, obligations, and liabilities remain those of the corporation.

Furthermore, the use of a trade name does not exempt the corporation from indicating its own name on documents required by law. In Quebec, the company’s name must be indicated, in particular, on its commercial documents, contracts, invoices, and orders for goods or services. A similar requirement applies to the corporate name of a federally incorporated company.

A trade name should also not be confused with a trademark. A trade name serves to identify the business in the course of its activities, whereas a trademark serves, in particular, to distinguish a business’s products or services from those of others.

In summary, a corporation may conduct its business under a trade name that is different from its name in Quebec or its federal corporate name. This trade name must comply with applicable legal requirements and be the subject of the required filings. However, its use does not alter the corporation’s legal identity; its name or corporate name must continue to appear on the documents prescribed by law.