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.
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.
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.
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.
Here 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.
Offer to purchase for a business or its assets
Your promise to purchase for a business in order to well start your negotiations.
Employment contract
Your employment contract will allow you to set, between employer and employee, the different terms and conditions of employment.
GST/QST registration numbers
You must be registered for the GST and QST accounts when you perform sales of over $30,000 per year.
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.
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.
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.