Ontario Business Names Act Regulations

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Name Descriptive Element – The descriptive element describes the nature of the business. In “Crosgrey Carpentry Inc.”, the descriptive element is “Joinery”, which describes the nature of the transaction. In “Grenville Garden Supplies Ltd.”, the descriptive element is “Garden Supplies”, which describes the type of products that this company sells. “Dental Services” is the descriptive element of “Starcross Dental Services Corp.” “business” means any trade, profession, service or for-profit business; (« entreprise ») When you register a company, you must have a legal element (see below), but it is not required for other registrations such as sole proprietorships, company names, and partnerships. The information in this document explains what to look for when using a name for a business, but the principles can also be applied to trade names, partnerships, and sole proprietorships. (3.3) Paragraph 3 does not apply to prohibit persons affiliated with a limited partnership from carrying on business under the name under the Limited Partnership Act. 1994, c. 27, p. 72 (2). If you do business in Quebec, you will need a French name. The name can be the name of the company or a company named in English with a French trade name. If you wish, you can have an English name and a French name in your articles.

You will need two NUANS reports to save. One for the English version of the name and one for the French version of the name. (6) An individual or entity that has entered into an agreement under subsection (2) for the supply of business deposit services shall not waive or refund fees payable to the Province of Ontario in whole or in part, but the individual or entity may pay all or part of the fees on behalf of the person or entity, for which the service was provided. 2017, c. 20, Sched. 20, Schedule 20. 6, p. 48.

e-Laws provides access to official copies of Ontario`s by-laws and regulations. (a) unless at any time before or during the period of registration of the name, the person has or had a substantial interest in the business or activity carried on by the registrant; and “business registration services” include all the functions and powers of the Registrar and related services. 2017, c. 20, Sched. 20, Schedule 20. 6, p. 48. This edition includes the following updates to federal and Ontario legislation and regulations, concordance tables, forms and several fact sheets from the Ontario Ministry of Government and Consumer Services.

It`s best to have a descriptive element in the name to avoid future conflicts that you may not be aware of when registering your business, especially if you`re doing your own research without the help of a research house. Search houses are trained to look for conflicts like this, and it`s the best option for a search house to verify your name. For the low cost, it is worth being sure. You may be forced to change your name if a company sues you over this issue. If they have been using their name for many years and are very well positioned in the market, they might be able to force you to change your business name. This would then mean that even if you have established a relationship with your customers under the name you chose first, you may be forced to change it and thus lose some of your reputation in the market. The loss of income and additional expenses resulting from such a situation could be high. Therefore, it is important that your business name is very different from other existing business names in Canada. This would include all businesses registered in Canada whose head office is outside Canada. Also, never order stationery, business cards, etc. before starting your business. If you use the name “Starcross Ltd.”, it does not describe the nature of the business.

You can include this company if the name is available, but since it is such a short name, there may already be a conflict and it would not be advisable to register such a short name. There are already 1,000 of these short names registered and most of them are already taken. Suppose “Starcross Inc.” has been registered. If you perform a preliminary name search for the name “Starcross Ltd.”, the name search report indicates that “Starcross Ltd.” is available. This would still be a very bad choice of name, as the person who owns the company registered as “Starcross Inc.” would consider your name a conflict, although the governments of some jurisdictions allow you to register the name because it is different and not exactly the same. It`s up to you to make sure your name is different and different from others, not from the government. In some provinces, such as Alberta and Ontario, you can register a business name, sole proprietorship, or partnership with the exact name as other registrations. It`s not a requirement for them, so if you don`t clarify your name in advance, they won`t notify you of other names that would be a conflict before you sign up. The only requirements in these provinces for different names would be for constitutions. 10. 1.

Subject to paragraph 2, the name in a registration shall not contain a word or phrase suggesting that the business or activity of the registrant is related to the “prescribed” means prescribed by the regulations; (“Preskrit”) Keep abreast of the latest developments in corporate law, thanks to the consolidation that Canada`s best practitioners turn to every day. With this compact reference to your desk or briefcase, you`ll always have instant access to the latest versions of legislation and regulations, as well as useful summaries of federal and provincial policy statements. Use the extensive legislative indexes and the indispensable concordance table to quickly find the exact and relevant section every time. (3) An individual or corporation that has entered into an agreement under subsection (2) respecting the provision of business deposit services is not, despite the Crown Agency Act, an agent of the Crown for any purpose, unless otherwise provided by regulation. 2017, c. 20, Sched. 20, Schedule 20. 6, p. 48. (3.2) Subsection 1 does not apply to prohibit a company from doing business or identifying itself to the public under a name other than its company where the name is indicated in a company registration under section 4 (1) or a declaration under the Limited Partnership Act 1994, c. 27, p. 72(2).

6. The company and other persons required to carry on business under a registered name or, in the case of a company, to identify themselves publicly under a registered name shall indicate both the registered name and the name of the person in all contracts, invoices, business documents and orders for goods or services issued or supplied by the person.

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