Business start-up guide | ScriptaLegal
Personal Law Business Law Packages & Subscriptions
Français About us Create a free account Log in
Interactive legal guides Legal frequently asked questions Legal blog Videos
ONLINE LEGAL DOCUMENTS
Interactive legal guides>A step-by-step online legal guide to starting a business

A step-by-step online legal guide to starting a business

Are you thinking of going into business for yourself, starting a start-up or a corporation? Or perhaps you're already in business, but are considering another legal form? We're here to help.

By answering a few key questions, you'll receive a personalized, concise, printable guide to the essential steps you need to take to start your business.

As a complement, dive into our video capsules for a visual overview. For further clarification, our frequently asked questions are at your service.

Do you have your employees sign contracts or agreements?

Has the company adopted enterprise policies

Have you applied to obtain a DAS/RAS number?

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 ?

Is the purchase of an existing company or certain assets of another company or property being considered?

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 ?

Certain formalities must be followed in order to comply with various relevant laws, do you know them?

HIDDEN QUESTION

As a sole shareholder, did you know that you can convert your Quebec company to a sole shareholder regime?

HIDDEN QUESTION

Sous quelle juridiction la société devra-t-elle être constituée?

Are you already in business and do you wish to proceed with an asset rollover in favour of the new corporation ?

Sous quelle forme juridique souhaitez-vous faire des affaires? 723

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 ?

Do you have a unanimous shareholder agreement or a shareholder agreement?

Under which jurisdiction must the corporation be constituted ?

Sous quelle forme juridique souhaitez-vous faire des affaires?

Are you a professional whose activities are governed by a professional order (e.g.: surveyor, dentist, physician, psychologist, etc.) ?

Suis-je seul ou ai-je des partenaires d'affaires? Caché

Does the company have any agreements to govern or authorize the disclosure of personal information to third parties?

In which legal form do you wish to make business ?

Does the company have or plan to have a website?

In which legal form do you wish to make business ?

Does the company offer its executives or employees the opportunity to participate in the company's growth with a fair and transparent stock option purchase plan?

Am I alone or do I have business partners ?

Does your company use the services of independent worker?

Declaration of sole shareholder to remove, in whole or in part, the powers of the directors.

Signing the declaration of sole shareholder with total withdrawal of powers from the directors may entitle one to a conversion to the sole shareholder regime.

Resolution for conversion to the sole shareholder regime

This regime ensures that the company is not required to comply with the requirements of the Quebec Business Corporations Act regarding bylaws, shareholder meetings, and meetings of the board of directors.

Enterprise policies

Various employment policies that can be implemented by an employer in its business.

Agreement to authorize the communication of personal information for the purpose of fulfilling a mandate or executing a contract

Your agreement to govern the communication of personal information that one party must disclose to the other for the purpose of fulfilling a mandate or executing a contract.

Terms of use, privacy policy, and data protection for the website

It is important that your website provides users with a document explaining the terms of use, privacy policy, and data protection applicable to your site.

 

Contract for services for independent worker

Contract useful for a company that wishes to hire the services of an independent worker for a specified period or for a self-employed worker whose services are hired by a company.

Create a Custom Stock Option Plan Easily.

Online service that allows you to easily establish a stock purchase plan and provide a personalized options contract using our interactive questionnaires.

Employee handbook

The employee handbook allows the employee to be familiar with the basic rules established by the company regarding employment.

Code of conduct and ethics in the workplace

General rules regarding appropriate behavior to be adopted in the workplace.

Agreement to protect the confidentiality of personal information transmitted to suppliers and subcontractors

Your confidentiality agreement to protect and govern the communication of personal information that one party must disclose to suppliers and subcontractors.

 

Service contract

Service contract that can be tailored to different situations with the possibility of adding more customized clauses for your specific needs.

 

Confidentiality agreement for the purpose of a business agreement.

An agreement to keep confidential the information that one party must disclose to the other in the course of business discussions.

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.

Payroll/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.

Property 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.

Deposit of your source codes

Agreement providing the remittance of software source codes to a trust patrimony for financing purposes.

Asset protection trust

Document constituting an autonomous patrimony in which certain property can be transferred.

Protection mandate in case of incapacity

Allows you to choose who will take care of you and your assets if you become incapacitated.

Will

A document allowing to choose the person or persons to whom your property shall devolve following your death.

Specific 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.

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.

Buy-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.

Here are some mechanisms that could be useful according to your situation.

A little reminder

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.

Registering a trademark

Your application for the registration of a trademark to acquire the exclusive right to use this trademark in Canada for 15 years.

Sale of assets

Your sale of assets or a business allows you to establish the different terms to be applied to the transaction.

Offer to purchase for a business or its assets

Your promise to purchase for a business in order to well start your negotiations.

Confidentiality agreement

In order for your employees to commit in writing to maintaining confidentiality.

Employment contract

Your employment contract will allow you to set, between employer and employee, the different terms and conditions of employment.

Commercial lease

Your commercial lease to determine your relationships between lessor and lessee.

Offer lease or lease for a commercial or industrial space

All the legal documents you need to properly prepare your contracts for the rental of a commercial space.

Offer to purchase

Your offer to purchase for a real estate property that is already built in order to well start your negotiations.

GST/QST registration numbers

You must be registered for the GST and QST accounts when you perform sales of over $30,000 per year.

Services 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.

Updating with the relevant authorities for a Quebec corporation

To make an update of the corporation's most current information with government authorities.

Annual 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.

Once 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.

Buy-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.

Asset 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.

Name 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.

Incorporation and legal organization of a canadian business corporation

We will carry out for you the incorporation of your numbered business corporation under Canada jurisdiction.

Name 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.

Incorporation and legal organization of a Quebec business corporation

We will proceed, for you, to the incorporation of your numbered business corporation under Quebec jurisdiction.

Take 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.

Registration 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.

Here are then the main steps to start your business.

This browser does not support this kind of file. Please download the file to view it: Download the file