Sole Proprietors and Partnerships on CanLaw Canadian Incorporation Services
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Registered Sole Proprietors and Partnerships

Sole Proprietorships and Partnerships are the most common and basic type of business setup. Ideal for your small business startup.

They are fast, easy and cheap to set up and you do not really need legal help to do so.

 

Registered Sole Proprietorships

Generally in a sole proprietorship, you are the sole owner of the business, its assets and are personally responsible for all debts and liabilities.

While you may have employees, usually you would manage the business and run the show yourself and be completely in charge.

Setting up a Registered Sole Proprietorship

Usually you simply go to the local Provincial business registry office, fill in a very simple form, pay a small fee ($60 or so) and you are in business.

Each province has slightly different rules, but they are straight forward.

Choosing a Name:

You are not required to do a business name search through NUANS, but it is a very good idea to make sure no one else is using your proposed company name.


If you intend to operate under anything other than your own name, the business name must be registered.

In any event, make sure your name is not being used by someone else or so similar that it could be confused. You might be sued by the other company.

A proprietorship must be registered in the province in which it operates.

Legal Requirements

  • Anyone can set up and register a sole proprietorship.


    Various licences are required. Usually these include a sales tax licence, vendors' permit, and any municipal permits.The registry office will tell you exactly which ones you require and can often direct you to the right office

     

Registered Partnerships - Limited and General

The biggest difference between a sole proprietorship and a partnership is the partnership has more than one owner.

General Partnership: Each of the partners owns all the assets and is responsible for the debts and liabilities in the partnership.

Limited Partnership: All of the partners own all the assets, but the limited partners can limit their liability to the amount invested in the partnership.

Limited partners must file a partnership declaration with the government.

Limited partners should also specify in writing, the rights and responsibilities of each partner

Partners can and do employ others to help run the business, but the partners are in charge.

Usually you simply go to the local Provincial business registry office, fill in a very simple form, pay a small fee ($60 or so) and you are in business.

Each province has slightly different rules, but they are straight forward.

Choosing a Name:

You are not required to do a business name search through NUANS, but it is a very good idea to make sure no one else is using your proposed company name.


If you intend to operate under anything other than your own name, the business name must be registered.

In any event, make sure your name is not being used by someone else or so similar that it could be confused. You might be sued by the other company.

A partnership must be registered in the province in which it operates.

Legal Requirements

  • Anyone can set up and register a partnership .


    Various licences are required. Usually these include a sales tax licence, vendors' permit, and any municipal permits.The registry office will tell you exactly which ones you require and can often direct you to the right office


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