So you have your dream name for your business. There shouldn't be any problems with the name should there? Actually there are number of issues that you have to consider in corporate names. You need to look at whether there is an existing trade name, and whether another corporation has the same name. As a practical matter, your lawyer will order a NUANS search (which stands for Newly Upgraded Automated Name Search if you are curious). These searches help determine if there is an existing corporation using the name you are trying to use.
The Alberta Business Corporations Act discusses prohibited names at section 12 saying:
12(1) A corporation shall not have a name
(a) that is prohibited by the regulations or contains a word or expression prohibited by the regulations,
b) subject to the circumstances and conditions prescribed by the regulations, that is identical to the name of
(i) a body corporate incorporated under the laws of Alberta, unless the body corporate has been dissolved for a period of 6 years or more,
(ii) an extra-provincial corporation registered in Alberta, or
(iii) a Canada corporation,
(c) subject to the circumstances and conditions prescribed by the regulations, that is similar to the name of
(i) a body corporate incorporated under the laws of Alberta,
(ii) an extra-provincial corporation registered in Alberta, or
(iii) a Canada corporation, if the use of that name is confusing or misleading, or
The naming regulation, which we will discuss in more detail in another articles has a number of other restrictions on name, including a prohibition on scandalous or obscene names (in any language).
If you require assistance in naming your corporation, please feel free to contact us.
The information contained in this article is not legal advice. No solicitor client relationship is formed through this article. The reader is encouraged to retain counsel for advice in these matters.
