We offer competitive fees. Our fees are a function of time spent and the complexities involved in creating and setting up a new corporation. The following sets out what we would do for you as your lawyer on an incorporation:
- Meeting with you or speaking to you by telephone to obtain the information we need to open our file and the basic information required for your incorporation;
- Communicating, where appropriate, with your accountant and others regarding your intentions;
- Discussing with you and obtaining your instructions regarding the jurisdiction of incorporation, Ontario or federal;
- Discussing with you and obtaining your instructions regarding whether to incorporate a numbered company or a company with a name;
- If you opt to incorporate a company with a name, advising you of the process for obtaining name approval and the extra costs involved in this option;
- Drafting an Application for Incorporation;
- Meeting with you to review and sign the Application;
- Submitting the Application to the governmental authorities for approval;
- Dealing with the governmental authorities regarding any problems with the Application;
- Receiving your Articles of Incorporation on issuance;
- Preparing Notarial Copies of your Articles of Incorporation and providing them to you to enable you to open a bank account for the Corporation, obtain a business number, etc.;
- Obtaining a Minute Book and Corporate Seal for your Corporation;
- Drafting all by-laws, resolutions, and minutes required to organize your Corporation and get it operational;
- Preparing all required Share Certificates and Corporate Registers for your Corporation;
- Preparing all required governmental notices relating to names and addresses for directors and officers, registered office for the Corporation, etc.;
- Meeting with you to review, explain and sign your Minute Book and all related documents, including government notices;
- Filing government notices with the appropriate authorities;
- Explaining the process for keeping your Minute Book up-to-date and the importance of doing so;
- Explaining our annual up-date service to you and, where appropriate, having you sign a Corporate Annual Retainer Agreement;
- Drafting and providing to you a report on your incorporation;
- Where appropriate and with your consent, providing a copy of your incorporation report to your accountant and others;
- Generally answering your questions and providing guidance on process
SERVICES DISPONIBLES EN FRANÇAIS
Frequently Asked Questions
Do I work with a lawyer?
Yes; You will be guided and work directly with one of our corporate lawyers throughout your incorporation process. To save on costs, a corporate law clerk will also assist and be available to you.
Do I need to physically attend your office?
Our clients typically prefer to meet virtually, whether by telephone or video conferencing, and sign their corporate documents electronically. However, our corporate lawyers are happy to meet with you in person at any step in the process, whether it be at the initial instructions stage, the signing of the Application for Incorporation, or execution of your Minute Book.
Who has to sign the documents?
Only one person needs to sign the Application for Incorporation. However, anyone who is going to be a director, officer, or shareholder of the Corporation will have to sign the Minute Book.
What is the process if I want a Corporation with a name?
If you want a company with a name, as opposed to a numbered company, we will discuss the general requirements for a corporate name with you and get a list of names, in order of preference, from you. We will then do preliminary searches on these names to give you a reading on whether or not they are likely to be accepted by the government authorities. If one appears to be acceptable, we will order a formal name search (NUANS). We will review the results of the search, discuss any problems with you, and, if the name still appears to be acceptable, incorporate it into your Application for Incorporation. If the government authorities have problems with the name on submission of the Application for Incorporation, we will deal with them and with you in order to sort them out. In some cases, we will have to choose another name, amend the Application and re-submit it.
Will it cost me extra to incorporate with a name?
Yes; Each formal name search (NUANS) incurs a charge. We do not charge additional fees for the name search process when it is straightforward and trouble-free. However, in cases where issues arise surrounding the naming of your company, you will incur additional fees which will largely be dependent upon the time spent attending to resolving those naming issues.
If I incorporate a numbered company, does this preclude me from using a name for my business?
No, it does not. However, in order to do so in Ontario, you are going to have to register a Master Business License which has the effect of informing everyone that your company is using a name, other than a corporate name, for its operations. For example, 123456 Ontario Limited could register to carry on business under the name of “Ace Builders.” Thereafter, on certain documents, you would show that you are “123456 Ontario Limited operating as Ace Builders.” In other places, such as on marketing materials, you can simply use the name “Ace Builders.”
If I have a company with a name, do I have to operate exclusively under that name?
No, you do not. Just as with a numbered company, you can register a Master Business License in Ontario to allow your named company to operate under another name. For example, you could incorporate under the name of “Smith Family Holdings Inc.” and then use the trade name “Ace Builders” for your operations.
Do you offer electronic maintenance of Minute Books?
Yes, GVE Lawyers now offers its clients the option of maintaining their Minute Book electronically, thus removing the need for cumbersome binders. Electronic maintenance also allows clients to access their records through a secure portal 24/7. To know more, please discuss with any member of our Business Law Team.