Corporations in Canada
Start Federal incorporation with Corporate specialist
EXTRA PROVINCIAL REGISTRATION FOR CANADIAN CORPORATION
Incorporating a Federal Incorporation:
Incorporating a Federal Incorporation in Canada involves registering a business as a legally recognized entity under Canada Business Corporations Act.
A Federal Corporation can operate across all Canadian provinces and territories, offering greater business mobility compared to provincial incorporation. The process requires submitting articles of incorporation, adhering to the Canada Business Corporations Act, and often involves creating bylaws and issuing shares.
Additionally, federally incorporated businesses must maintain corporate records, hold annual shareholder meetings, and file annual return. This route is popular among businesses planning to operate internationally or across multiple provinces due to the recognition of federal incorporation across jurisdictions.
To Register a Company in Canada, you must first choose a name that is not already in use by another business. Once you have selected a name, you must file articles of incorporation with the federal government. This document outlines the structure of your business, including the number of directors and the types of shares that will be issued.
After your articles of incorporation are approved, you will receive a certificate of incorporation. This certificate is proof that your business is registered with the federal government and has the legal right to operate in Canada.
Overall, federal incorporation registration is a critical step for any business looking to establish itself in Canada. It provides legal recognition and protection, as well as the ability to conduct business across the country. If you are considering starting a business in Canada, be sure to explore the benefits of federal incorporation registration.
Federal Incorporation vs. Provincial Corporation
Federal Incorporation:
A Federal Incorporation, as the name implies, operates under federal jurisdiction and is regulated by federal laws and statutes, primarily the Canada Business Corporations Act (CBCA). Here are the notable characteristics of Federal corporations:
Name Protection:
Most important benefit of registering a company federally is that name is protected full Canada. This means that once a name is registered federally, it is protected across Canada, reducing the likelihood of name conflicts.
Director Requirement:
Must have at least one director and one shareholder. 25% (Example:1 out of 4) of directors must a resident of Canada
Scope of Operation:
Federal company can operate across all provinces and territories in Canada. They are not limited to a specific geographic region.
Registering process of a company:
Must follow the guidelines and procedures set out in the CBCA. This includes submitting Articles of Incorporation to Corporations Canada.
Provincial Corporation:
Provincial Corporations, on the other hand, are businesses that operate within a specific province or territory in Canada. They are governed by provincial or territorial laws and regulations. Here are the key aspects of Provincial Corporations:
Name Protection:
Name protection is limited to their province or territory. This means that a business operating in one province could have the same name as a business in another province without conflict.
Director Requirement:
The director and shareholder requirements set by the specific provincial or territorial legislation. These requirements may vary from one jurisdiction to another. In Canada many province a Non-Canadian can register a company in Canada specially Ontario, Alberta, British Columbia etc.
Regulatory Authority:
These businesses are regulated by provincial or territorial authorities, such as the provincial business registries and regulatory agencies.
Scope of Operation:
Provincial corporations and Businesses are confined to the boundaries of the province or territory in which they are incorporated. They cannot operate outside of their designated jurisdiction without registering as an Extra-Provincial Corporation.
Registering process of a Business:
Strictly follow the incorporation procedures outlined by the respective provincial or territorial government. Each province may have its own set of rules and requirements for incorporation.
Types of Federal Corporation:
There are basically 2 types of federal incorporation are exist in Canada:
Standard Federal Corporations:
Definition: Profit Federal incorporations are businesses organized for the primary purpose of generating profits for their shareholders.
Formation: Incorporating a for-profit Federal incorporation, individuals or entities must follow the guidelines set by the Canada Business Corporations Act (CBCA). This involves submitting the necessary documents, including Articles of Incorporation, to Corporations Canada.
Key Features: These corporations can issue shares, have shareholders, and engage in various profit-generating activities.
Non-Profit Federal Corporations
Definition: Non-profit Federal Corporations are organizations established with the aim of pursuing social, cultural, educational, or charitable objectives without the goal of making a profit.
Formation: To create a non-profit Federal Corporation, individuals or groups need to adhere to the requirements outlined in the CBCA for not-for-profit entities.
Key Features: These corporations do not distribute profits to members or shareholders but reinvest earnings into their mission-driven activities.