Naming Your Corporation in Canada

A Guide to Selecting and Registering Your Corporate Name

Choosing the right name for your corporation is a critical step in the incorporation process. A well-chosen name not only reflects your brand but also meets Canadian legal requirements, ensuring your business name is unique and properly registered. Here’s a comprehensive guide to help you name your corporation.

Types of Corporate Names

In Canada, you have two main options for naming your corporation:

1. Named Corporation: You select a unique name that includes a distinctive element, a descriptive element, and a legal ending.
2. Numbered Corporation: If you prefer not to choose a unique name, the government can assign a number followed by a legal ending (e.g., “1234567 Canada Inc.”). This option is faster and often used by holding companies.

Key Components of a Corporate Name

If you decide to create a unique name for your corporation, it must follow these guidelines:

• Distinctive Element: This part makes your name unique and sets it apart from others. It could be a word, location, or phrase that makes your name recognizable (e.g., “Maple” in “Maple Consulting Inc.”).
• Descriptive Element: This part describes the nature of your business or its primary activities (e.g., “Consulting” in “Maple Consulting Inc.”).
• Legal Ending: Every corporation name must end with one of the following terms to indicate its legal status:
  • Inc. (Incorporated)
  • Ltd. (Limited)
  • Corp. (Corporation)

Steps to Choose and Register a Corporate Name

Step 1: Confirm Your Name's Availability

When choosing a unique name, it’s essential to confirm its availability to avoid conflicts with existing businesses. This involves a NUANS (Newly Upgraded Automated Name Search) report, which compares your desired name with other registered names and trademarks in Canada. A NUANS report is mandatory for federal incorporations and must be completed before you submit your incorporation documents.

Step 2: Ensure Compliance with Naming Rules

Canadian law has specific guidelines that govern corporate names to prevent misleading, confusing, or inappropriate names. To comply:

• Avoid Misleading Terms: Your name should not imply connections to government, royalty, or regulated industries unless permission is granted.
• Use Proper Language and Phrasing: Names that include offensive language or discriminatory terms are prohibited.
• Avoid Similarities with Existing Names: Choose a name sufficiently distinct from other registered corporations, especially in your industry, to avoid confusion.

Step 3: Register Your Corporate Name

Once you’ve completed a NUANS report and confirmed that your chosen name meets all requirements, you can include it in your incorporation application. If incorporating federally, submit your name choice to Corporations Canada, and if incorporating provincially, submit it to the appropriate provincial registry.

Additional Considerations When Naming Your Corporation

• Domain Name Availability: If you plan to create a website, check that the desired domain name is available. This can help strengthen your brand identity and online presence.
• Trademark Registration: To further protect your name, consider registering it as a trademark. This provides legal rights over your brand name, logo, and any other distinguishing marks associated with your corporation.
• Translation Requirements: If incorporating federally and doing business in both English and French, you may want to register a bilingual name to ensure accessibility and compliance across Canada.

Changing Your Corporate Name

Should your business goals or branding needs evolve, you can change your corporate name after incorporation by filing the necessary documents and paying a fee. Changes to the corporate name must also undergo a NUANS search if selecting a new unique name.