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 law requires that a person must not give the public the opinion that he or she is carrying on business under another name unless that name has been registered. Further a person must be registered in order to be legally allowed to use a name other than his or her own.
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.
The best way to ensure this is to do a preliminary name search for the proposed name for your Ontario sole proprietorship. A search house can perform this for you. Some search houses charge a small fee for this and others will do this for free when you purchase a sole proprietorship registration service from them. You really need the help of a search house for clearing the name. You cannot clear you name on your own just by going through the phone book. As well you need to consider that you should not have a name that is even close to another name registered across all of Canada. It could cause problems since many businesses today conduct business right 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.
Subsequent to registering your Ontario sole proprietorship, if any information changes you must filed an amendment to the registration outlining those changes. it is not possible to change the name of an Ontario trade name. You must file a brand new registration if you do not wish to continue operating under the same name.
In order to cancel your Ontario sole proprietorship you will need to file a dissolution with the Ontario government.
An Ontario sole proprietorship is not perpetual. It will expiry in five years and that expiry date will be clearly shown on the Master Business Licence. You must set up a tickler to ensure that you renew your business name prior to the five years being up. It is a good idea to re-register a few days before the Ontario sole proprietorship registration expires.
The law requires that a person must not give the public the opinion that he or she is carrying on business under another name unless that name has been registered. Further a person must be registered in order to be legally allowed to use a name other than his or her own.
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.
The best way to ensure this is to do a preliminary name search for the proposed name for your Ontario sole proprietorship. A search house can perform this for you. Some search houses charge a small fee for this and others will do this for free when you purchase a sole proprietorship registration service from them. You really need the help of a search house for clearing the name. You cannot clear you name on your own just by going through the phone book. As well you need to consider that you should not have a name that is even close to another name registered across all of Canada. It could cause problems since many businesses today conduct business right 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.
Subsequent to registering your Ontario sole proprietorship, if any information changes you must filed an amendment to the registration outlining those changes. it is not possible to change the name of an Ontario trade name. You must file a brand new registration if you do not wish to continue operating under the same name.
In order to cancel your Ontario sole proprietorship you will need to file a dissolution with the Ontario government.
An Ontario sole proprietorship is not perpetual. It will expiry in five years and that expiry date will be clearly shown on the Master Business Licence. You must set up a tickler to ensure that you renew your business name prior to the five years being up. It is a good idea to re-register a few days before the Ontario sole proprietorship registration expires.
About the Author:
Resources for Canadian Business Owners handles legal and government registrations and can assist you with an Ontario Trade Name and Ontario Nuans Name Searches. Also published at How to Register an Ontario Sole Proprietorship.
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