If you want to register your business, then Ontario is a promising and supportive place for entrepreneurs. Whether you are about to launch your small, home-based business, or looking to scale up a bigger enterprise and incorporate in Ontario, registration of the business is a very important step toward success. In this article, we’ll cover everything there is to know about registering your personal business in Ontario, from available legal structures to key steps involved and examples of businesses in Ontario. We will also look at incorporating in Ontario, a comprehensive guide through the incorporation process, the benefits, and why it might just be a wise move for your new venture.
Ontario is the most vibrant and economically strong province of Canada; hence, it’s an ideal place to start a business. Registering your business will provide legal recognition and protection. It will also open up opportunities for business loans, grants, tax incentives, and establish credibility with the customers and suppliers. Whether you want to operate a sole proprietorship, partnership, or Ontario corporation, business registration is the first formal step to lay a solid groundwork.
In Ontario, registering your business name is a legal requirement if you are operating under an identity that is not your own. This is applicable in case of the following business structures:
Apart from legal compliance, registering your business can help you:
The process of registering a business can sometimes vary based on the nature of the business you want to create or whether it is a:
To set up the following structures, below we will detail on how: sole proprietorship, partnership, and Ontario corporation.
A sole proprietorship is the simplest type of business. You run a business under your name or a business name, but there’s no legal separation between you and the business. Registration process is a relatively easy one:
The first process involves the choosing of the business name. One needs to be quite careful as to whether the name would be in such a way that it is not being used by others. In this respect, doing a name search is recommended to avoid trademark issues even though a NUANS (Newly Upgraded Automated Name Search) report is not required for sole proprietorships.
The registration of your business name can be done online with ServiceOntario, or this can be facilitated by an authorized service provider such as Ontario Incorporation. The process is simple and might just take a few hours to complete.
When your business name is registered, you shall obtain a Business Number (BN) from the Canada Revenue Agency if you are going to hire employees, collect HST, or engage in import or export activities.
Based on the type of business you are starting, there may be a need for additional licenses or permits. For example, if you were opening a food service business, you would need a permit from your local public health unit.
One of the most common types of sole proprietorship businesses in Ontario is freelance graphic design. A freelance graphic designer might register their business under a name like “Bright Design Studio” and work from home, taking clients from across the province and even outside the country.
A partnership is like a sole proprietorship but for two or more individuals that share ownership of the business. The process is almost the same as for sole proprietorship, with a few more thoughts to add:
Although not a legal requirement, the partnership agreement will hopefully cut down on partner conflict by setting out roles, sharing profit and loss arrangements, and action required if a partner leaves the business.
You are required to register the partnership name through ServiceOntario or its authorized provider.
Similar to the above example of a sole proprietorship, in case you are willing to hire employees or collect HST, you will require BN also in this case.
One of the most common examples of a partnership business in Ontario is the law firms. For instance, “Johnson & Associates” could be a practice with two attorneys, formed as a general partnership.
If your aim is to benefit from complete personal liability protection and tax considerations, then the best thing is to incorporate in Ontario. When you incorporate a business in Ontario, then your business becomes an independent legal entity. This means that you are going to have limited liability; your personal finances are kept apart from the business.
A NUANS Report is a name search report that shows potential conflicts with other corporate names and trademarks. It is a requirement when incorporating in Ontario in order to make sure that the business name you are incorporating is unique.
Incorporate your business in Ontario by filing Articles of Incorporation through ServiceOntario. Online service such as Ontario Incorporation. There are basic structures, which the articles will contain, such as the name and address of the company and share structure.
When you incorporate, your corporation will require a BN number with CRA to do taxes, payroll, and HST as well as corporate bank accounts.
An example of an Ontario corporation is a tech startup that develops mobile apps. “InnovApp Inc.” could be incorporated in Ontario, allowing its owners to limit personal liability and raise capital through shares.
There are several benefits to incorporating in Ontario relative to the other business structures of the sole proprietorship or general partnership:
To register your sole proprietorship in Ontario, you should be aware of a few other issues:
Ontario is home to a wide variety of businesses, across a host of industries. Here are a few examples of businesses that you might consider starting:
Before you decide whether or not to incorporate your business as a sole proprietor, partnership, or corporation in Ontario, think about your long-term objectives for your company, the level of protection from personal liability you require, and any tax advantages you would like to leverage. Of course, there are benefits to incorporating in Ontario, but such advantages also mean increased legal obligations and administrative requirements.
Most entrepreneurs typically start with a sole proprietorship and later incorporate when their business grows in Ontario. Whichever structure you decide to run your business under, registering your business in Ontario is your first step toward building a legal and reputable enterprise.
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