The Business Names Act (Ontario) governs the registration of Ontario sole proprietorships. Another name for a Ontario Sole Proprietorship is an Ontario trade name. It would be advisable to read the statute to ensure that you operate your business in compliance with the statute requirements.
The statute provides that no individual shall carry on business or identify his or her business to the public under a name other than his or her own name unless the name is registered by that individual. Therefore you can carry on business under your own personal name and not register.
If you decide to register an Ontario trade name you should be aware that an Ontario Nuans name search is not required. It is not a requirement of the statute that the name you choose for your Ontario trade name be unique. The Ontario government will accept a registration of a name that is exactly the same as another name registered as a sole proprietorship in Ontario. If you are going to register a trade name and you realize that there is another name registered which is exactly the same, you should not register the same name unless you have a connection with that business or have received consent in writing to the use of the name.
First you must determine whether there are any conflicts to the name you wish to use and this is done by having a search house perform a preliminary name search for you. Search houses will usually clear your proposed name for free when you purchase their service to register your sole proprietorship and others will provide you with a preliminary name search for a small fee. It is important that you have a professional search house clear your name for you before you register. Search houses are trained and they will be able to pre-clear the name and ensure that no one is using that name all across Canada. If you were to register a name that is the same as another name you could still open yourself up to a law suit if the name is the same or close to another name registered if that name has a long standing in the community. Many businesses now conduct business in more than one province across Canada.
Once you have registered your Ontario business it will stay in place for five years. A Master Business Licence will be issued for the Ontario sole proprietorship. It will be a photocopy and if you order it online from a Ontario service provider it will be sent to you in the form of a pdf. The expiry date of the Ontario business registration will be on the form and you must ensure that you keep track of this since the government will not remind you.
You should realize that it is only Ontario sole proprietorships, Ontario partnerships and Ontario business names that are not protected. An Ontario incorporated company cannot register a name that is exactly the same as another Ontario company.
The Ontario government requires you to inform them of any changes on your Ontario sole proprietorship within 15 days. An amendment to the registration must be filed. What happens if you decide you do not wish to operate your Ontario sole proprietorship under the same name? You will need to register a new Ontario trade name because you cannot amend the name of an Ontario sole proprietorship.
A dissolution of an Ontario sole proprietorship must be filed if you no longer wish to carry on business under the name you have registered.
An Ontario sole proprietorship registration expires after five years. The expiry date will be shown on the Master Business Licence. The onus is on you to renew your licence and it is a good idea to renew it a few days before the expiry date. No reminder notice is sent out by the government.
The statute provides that no individual shall carry on business or identify his or her business to the public under a name other than his or her own name unless the name is registered by that individual. Therefore you can carry on business under your own personal name and not register.
If you decide to register an Ontario trade name you should be aware that an Ontario Nuans name search is not required. It is not a requirement of the statute that the name you choose for your Ontario trade name be unique. The Ontario government will accept a registration of a name that is exactly the same as another name registered as a sole proprietorship in Ontario. If you are going to register a trade name and you realize that there is another name registered which is exactly the same, you should not register the same name unless you have a connection with that business or have received consent in writing to the use of the name.
First you must determine whether there are any conflicts to the name you wish to use and this is done by having a search house perform a preliminary name search for you. Search houses will usually clear your proposed name for free when you purchase their service to register your sole proprietorship and others will provide you with a preliminary name search for a small fee. It is important that you have a professional search house clear your name for you before you register. Search houses are trained and they will be able to pre-clear the name and ensure that no one is using that name all across Canada. If you were to register a name that is the same as another name you could still open yourself up to a law suit if the name is the same or close to another name registered if that name has a long standing in the community. Many businesses now conduct business in more than one province across Canada.
Once you have registered your Ontario business it will stay in place for five years. A Master Business Licence will be issued for the Ontario sole proprietorship. It will be a photocopy and if you order it online from a Ontario service provider it will be sent to you in the form of a pdf. The expiry date of the Ontario business registration will be on the form and you must ensure that you keep track of this since the government will not remind you.
You should realize that it is only Ontario sole proprietorships, Ontario partnerships and Ontario business names that are not protected. An Ontario incorporated company cannot register a name that is exactly the same as another Ontario company.
The Ontario government requires you to inform them of any changes on your Ontario sole proprietorship within 15 days. An amendment to the registration must be filed. What happens if you decide you do not wish to operate your Ontario sole proprietorship under the same name? You will need to register a new Ontario trade name because you cannot amend the name of an Ontario sole proprietorship.
A dissolution of an Ontario sole proprietorship must be filed if you no longer wish to carry on business under the name you have registered.
An Ontario sole proprietorship registration expires after five years. The expiry date will be shown on the Master Business Licence. The onus is on you to renew your licence and it is a good idea to renew it a few days before the expiry date. No reminder notice is sent out by the government.
About the Author:
Resources for Canadian Business Owners handles legal and government registrations and can assist you with an Ontario Trade Name and Ontario Partnership
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