‘legal’ Tagged Posts

Obtaining an Ontario Certificate of Status

Ontario Certificates of Status are issued by the Ontario Ministry of Government Services for Ontario companies. Sometimes these are called Certifica...

 

Ontario Certificates of Status are issued by the Ontario Ministry of Government Services for Ontario companies. Sometimes these are called Certificates of Good Standing or Certificates of Compliance and all companies registered in all jurisdictions in Canada and for that matter all companies registered in any country can obtain these certificates when needed. They are called Certificates of Status in Ontario.

Certificates of Status are issued when you need to provide some institution or person with confirmation that your Ontario company is in good standing and is up-to-date in its filings.

An Ontario Certificate of Status shows whether the company is in good standing or not, the exact and proper name of the company and the corporation number.

All Ontario companies have to file a federal tax return within six months of the financial year end of the company in each year. If returns are not filed the tax department will request the Ontario Companies Branch to dissolve the company. If a Certificate of Status is ordered for a dissolved company it will not be clear.

An Ontario company has a statute requirement to file an annual return each year and it the return is not filed the company will end up being dissolved by the Companies Branch. A clear Certificate of Status cannot be obtained if a company is in default of not filing its annual returns.

When you order an Ontario Certificate of Status it will be issued whether it is clear or not and you cannot get your money back if it is not clear. The Certificate will show the company is not in good standing. Before you will be able to obtain a clear Certificate of Status you will need to update your filings. Any document that is being certified by the Ontario government has a high cost to it. Therefore you will want to ensure that you know in advance whether your company is in good standing so you do not have to order the certificate more than once. If you have outstanding tax returns you can still get a favourable Certificate of Status as long as you have not been dissolved for this reason but you will not receive a favourable certificate if Ontario annual returns are outstanding

A Certificate of Status is not an Ontario corporate search. If you are trying to determine information about an Ontario company you should have an Ontario Corporate Profile search done rather than ordering a Certificate of Status.

If your corporation is selling or buying property, is entering into a major contract, wants to register a car against the corporation, a Certificate of Status might be requested by the law firm, by the government or the bank involved. Any corporation might be asked for confirmation that it has made its proper filings and be requested to provide a Certificate of Status.

Resources for Canadian Business Owners provides information about Certificates of Good Standing and other legal products including Ontario Company Searches.

What is a Nuans Name Search and How is it Used

 

A Nuans name search report is a seven-page report which is generated from the Nuans name search system. The report compares a proposed name or trade-mark with the database of existing names that have been registered anywhere across Canada.

The Nuans name search system maintains a database of all of the names registered in Canada including trade-marks, sole proprietorships, business names, partnerships, non-share and regular share companies. The system is mandated to keep track of all names registered provincially and territorial in Canada.

When you are in receipt of a Nuans name search report for a proposed name you have suggested, you will be able to compare all the names on the 7 page report with your proposed name to ensure your name is distinct and different than others registered.

Nuans name search reports must accompany articles of incorporation when incorporating a company in the federal, Alberta, Ontario, New Brunswick, Prince Edward Island and Yukon jurisdictions of Canada.

Some provinces and territories have their own name search system and they do not accept the Nuans name search report. However, it is still advisable to do a preliminary name search through the Nuans system to ensure the name is available since the Nuans system records all names registered across Canada.

The provinces and territories which accept a report from the Nuans system are:

Ontario

Ontario

Ontario

New Brunswick

Federal

Federal

The Nuans name search system is updated regularly with all registrations of incorporations, business names, partnership names and sole proprietorship names in those Canadian jurisdictions where the Nuans report is not accepted.

By reviewing a name search report the government ensures that no companies are incorporated anywhere in Canada with the same name.

Even if the name you propose for your business is different than all other names registered but possibly too close in similarity to another name registered your business could be taken to court and ordered to change its name. You are the one who is expected to ensure you have picked a name that is not similar to any other name registered.

Nuans name search reports are biased in accordance with the Canadian jurisdiction in which the business will be registered. If you are incorporating a company in New Brunswick you will need to obtain a New Brunswick biased report and if you are incorporating in another province the report will have to be for that location. All Nuans name search reports will search the system for names right across Canada.

Nuans name search reports are not required in Ontario and Alberta, and some other provinces when registering business names, partnerships or sole proprietorships. In Ontario and Alberta anyone can register the exact same business name or sole proprietorship as one registered already.

Notwithstanding this, you should never register a business name using a name that has already been registered by someone else. Even if you do not need a Nuans name search report to register your business name, it is advisable that you do a preliminary Nuans name search report before you register to ensure no one else is using the name regardless.

A preliminary name search can be performed by a registered search house. Preliminary name search results can be provided by email. An average person would not be able to pick up all the conflicts when performing a preliminary name search since nuans search houses are trained for this purpose.

Attend at Resources for Canadian Business Owners for a Free Incorporation Checklist and Nuans Name Search Report and other legal services.

Steps on How to Find a Divorce Lawyer

 

One of the most challenging and traumatic experiences that married couples can have is going through a divorce. And in many cases, facing a divorce without the help of a reliable divorce lawyer can prove to be disastrous. It indeed helps to find a divorce lawyer who is reliable and competent. This kind of divorce lawyer will be able to educate you of all your legal rights and will be able to represent your best interests in court. Presently, there are hundreds and even thousands of divorce lawyers out there. Most people wonder if there is a way to find and hire the right kind of divorce lawyer? and yes, there is.

There are different steps on how to find a divorce lawyer. As a start, you can shop around for divorce lawyers and remember that not all of them are equal. There are those who generally deal with family law and there are those who specialize in divorce cases. You can start your search in a local phone book. You can also ask for recommendations from your friends and relatives. Your local bar association can also give you referrals for reputable divorce attorneys.

As you try to find a divorce lawyer, you should also ask about the fees that they charge. The whole concept of going through a divorce can already be difficult and expensive attorney?s fees should not add to it. Try to find a divorce lawyer who charges service fees that you can afford. There is no point in having a divorce attorney who will only give you problems with outrageous fees in the long run. So once you get the chance to talk to a divorce attorney, as for his or her fee schedule up front.

Once you have a list of potential divorce lawyers, try to schedule an appointment with each one of them. Typically, lawyers offer free initial consultations and these would be your best chances to ask them questions and answer their questions. It is pretty normal to meet with various lawyers prior to making a decision.

Take down notes during your meetings. These notes will help you much in evaluating with which attorney you feel most comfortable with, and who among them sounds the most competent. Before drawing your final decision, try to review if the divorce attorney you have in mind was able to ask intelligent questions about your divorce. And most importantly, try to determine if that lawyer will handle your case or will your case be passed down to junior associate.

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