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 things, the term “corporate name.”
The name of a Quebec corporation is set forth in its articles of incorporation, specifically its articles of association and certificate of incorporation. Under federal law, the corporate name is specified in the articles of incorporation.
A corporation may conduct business under another name—commonly referred to as an assumed name, trade name, or, sometimes, business name—provided it complies with 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 company to adopt a name that reflects its business 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:
These checks help, in particular, to avoid having to change the trade name used for the business’s operations at a later date.
The use of a trade name does not create a new corporation or 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 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 business under a trade name that differs from its name in Quebec or its corporate name under federal law. This trade name must comply with applicable legal requirements and be subject to the required filings. However, its use does not alter the corporation’s legal identity; the corporation’s name or legal name must continue to appear on documents prescribed by law.