Legal guide to start a business
You are maybe thinking about starting a business. You are already in business but want to run it under a different juridical form. We can help you.
Using the legal information at your disposal and based on the answers you provide to a few questions, you will get a practical and concise guide to walk you through all the various steps to starting your own business or simply continue running your business in the best possible way.
We hope that this information will enlighten you on the different legal processes in the business world.
Do you know under which jurisdiction (federal or provincial) ) must the corporation be constituted?
Do you want to protect your source codes or your rights in a software ?
HIDDEN QUESTION
In case of illness or serious physical or intellectual limitations of the main officers and shareholders of the corporation, are legal mechanisms implemented to facilitate the operation of the business in such circumstances ?
Does the business own intellectual property rights or does it wish to obtain a trademark ?
Are you considering buying an existing business or certain assets from another business ?
Does the business have employees ?
Must the offices or spaces necessary for the business be subject to a lease ?
Do you plan to purchase a commercial building or a land ?
Do the annual taxable sales exceed $30,000 ?
HIDDEN QUESTION
HIDDEN QUESTION
Are you already in business and do you wish to proceed with an asset rollover in favour of the new corporation ?
Will the corporation have a numbered name or do you wish to assign a corporate name to it ?
Will the corporation have a numbered name or do you wish to assign a corporate name to it ?
Under which jurisdiction must the corporation be constituted ?
Are you a professional whose activities are governed by a professional order (e.g.: surveyor, dentist, physician, psychologist, etc.) ?
In which legal form do you wish to make business ?
In which legal form do you wish to make business ?
Am I alone or do I have business partners ?
Choose between a business corporation of federal or provincial jurisdiction
The choice of the jurisdiction of the business corporation can depend on several factors and will vary according to the particular situation of each business.
For more information visitPayroll/Source deductions account number
A source deductions' account number is necessary and it may be requested at the same time as the GST/QST registration numbers.
Obtain yourself online your GST/QST registration numbers usingProperty sale
The sale of a real estate property to confirm the transfer of ownership as well as the different terms to be applied to the transaction.
For your sale transaction, visitDeposit of your source codes
Agreement providing the remittance of software source codes to a trust patrimony for financing purposes.
For the deposit of your source codes, visitAsset protection trust
Document constituting an autonomous patrimony in which certain property can be transferred.
To make an asset protection trust, visitProtection mandate in case of incapacity
Allows you to choose who will take care of you and your assets if you become incapacitated.
Make yourself online your protection mandate in case of incapacity with As for the business, it is also possible to appoint an attorney for it, we therefore recommand that you contactWill
A document allowing to choose the person or persons to whom your property shall devolve following your death.
Make yourself online your Will withSpecific powers of attorney
The power of attorney, also called the mandate, is a contract by which a person confers upon another person the power to represent him in the performance of a legal act with a third person.
Make yourself online a specific power of attorney withUnanimous shareholder agreement
This document is intended to restrict, in whole or in part, the powers of the directors of the corporation in order for the shareholders to be able to assume said powers themselves.
Prepare yourself online the unanimous shareholder agreement usingBuy-Sell agreement between shareholders
This document allows to organize the administration of the business corporation and to plan the disposition of shares upon death or withdrawal of a shareholder from the corporation.
Prepare yourself online the buy-sell agreement between shareholders usingHere are some mechanisms that could be useful according to your situation.
Among the different mechanisms below and which would already be in place, it is recommended to perform the audit thereof on a regular basis to ensure the relevance of the mechanisms in place and that the signature of other additional documents would not be desirable.
Change of name of the trademark owner
Your application for changing the name of the trademark owner.
Apply yourself online for the change of name of the trademark owner usingRegistering a trademark
Your application for the registration of a trademark to acquire the exclusive right to use this trademark in Canada for 15 years.
Apply yourself for the registration of a trademark usingSale of assets
Your sale of assets or a business allows you to establish the different terms to be applied to the transaction.
Prepare yourself online the sale of assets usingOffer to purchase for a business or its assets
Your promise to purchase for a business in order to well start your negotiations.
Prepare yourself online the offer to purchase for a business or its assets usingConfidentiality agreement
In order for your employees to commit in writing to maintaining confidentiality.
Make yourself online the confidentiality agreement usingEmployment contract
Your employment contract will allow you to set, between employer and employee, the different terms and conditions of employment.
Make yourself online the employment contract withCommercial lease
Your commercial lease to determine your relationships between lessor and lessee.
Make yourself online the commercial lease usingOffer to lease for a commercial or industrial space
Your offer to lease for a commercial or industrial space in order to determine your rights as lessor or lessee.
Make yourself online the offer to purchase for a commercial or industrial space usingOffer to purchase
Your offer to purchase for a real estate property that is already built in order to well start your negotiations.
Make yourself online the offer to purchase a real estate property usingGST/QST registration numbers
You must be registered for the GST and QST accounts when you perform sales of over $30,000 per year.
Obtain yourself online your GST/QST registration numbers usingServices offered
- Drafting a trust deed or instrument
- Registration at the Enterprise Registrar
- Organization of the minutes book
- Corporate volt
- Annual updating declaration at the Enterprise Registrar
Services offered
- Drafting a contract of limited partnership
- Registration at the Enterprise Registrar
- Organization of the minutes book
- Corporate volt
- Annual updating declaration at the Enterprise Registrar
Services offered
- Drafting a contract of general partnership
- Registration at the Enterprise Registrar
- Organization of the minutes book
- Corporate volt
- Annual updating declaration at the Enterprise Registrar
Updating with the relevant authorities for a federal/canadian corporation
To make an update of the corporation's most current information with government authorities.
Make yourself online the annual update of the corporation usingUpdating with the relevant authorities for a Quebec corporation
To make an update of the corporation's most current information with government authorities.
Make yourself online the annual update of the corporation usingAnnual meetings of the corporation
Once a year, at the end of a fiscal year and once the financial statements are obtained, you must proceed with the preparation of the annual meetings of the corporation.
Prepare yourself online the annual meetings of your corporation usingOnce your corporation is duly incorporated, certain formalities must be followed in order for you to comply with different related legislations, including the following ones
Unanimous shareholder agreement
This document is intended to restrict, in whole or in part, the powers of the directors of the corporation in order for the shareholders to be able to assume said powers themselves.
Make yourself online the unanimous shareholder agreement withBuy-Sell agreement between shareholders
This document allows to organize the administration of the business corporation and to plan the disposition of shares upon death or the withdrawal of a shareholder from the corporation.
Make yourself the buy-sell agreement between shareholders withAsset rollover
The first goal of a rollover is to transfer property to a business corporation without tax implications or allowing at least to defer them.
To make an asset rollover, visitName search for a canadian business corporation
Prior to the incorporation of your business corporation under Canada jurisdiction bearing a corporate name, a name search must be performed in order to check its availability.
Request yourself a name search for a canadian business corporation usingIncorporation and legal organization of a canadian business corporation
We will carry out for you the incorporation of your numbered business corporation under Canada jurisdiction.
Request yourself online the incorporation and legal organization of a canadian business corporation usingName search for your Quebec business corporation
Prior to the incorporation of your business corporation under Quebec jurisdiction bearing a corporate name, a name search must be performed in order to verify its availability and, if necessary, to file a name reservation application.
Request yourself a name search for a Quebec business corporation usingIncorporation and legal organization of a Quebec business corporation
We will proceed, for you, to the incorporation of your numbered business corporation under Quebec jurisdiction.
Request yourself online the incorporation and legal organization of your Quebec business corporation usingTake note
The information below also applies to your situation, but you cannot use the automated service of ScriptaLegal.com for the incorporation of your business corporation. Nevertheless, Notaire-Direct is able to assist you through this step.
VisitRegistration at the Enterprise Registrar
To do so, you must proceed with the registration of your sole proprietorship at the Enterprise Registrar. Please note that it will be possible to use an assumed name, but it must be subject to a prior search to check its availability.
To make a registration at the Enterprise Registrar, visit