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How do I legally "register" a business?

Registering a business most often refers to registering a business name. In Ontario, it is a legal requirement to register your business name, if you are operating a sole proprietorship (1 owner) or partnership (more than 1 owner), under a business name other than your exact legal name.

There are 5 ways to register your business name:

i) from the Internet with Dye & Durham via the Entrepreneurship Centre Web site: www.entrepreneurship.com
(At the top of any page at our Web site, click on the “Quick Links” menu and select “Business Name Registration”.) Registering via Dye & Durham costs $93.92 Delivery of the Master Business Licence is guaranteed next business day by courier. The cost of registration plus a name search is $122. Payment is by credit card only.

ii) from the Internet via the Ontario Ministry of Government Services:
www.cbs.gov.on.ca/obc
Registration requires Netscape Communicator 4.08 or higher, or Internet Explorer 4.0 or higher. Immediate registration (you can print off from your computer) if done between the hours of operation 8:30am to 6:00pm Monday to Friday, for a fee of $60.00 payable by credit card (Visa, Mastercard or American Express). If registration is completed during regular business hours a Master Business License is printed off from your computer right away followed by an electronic saveable copy which can then be printed off when needed) within 2 business days if a valid email address is provided. If no email address is provided a copy will be mailed to you within 10 business days. If done outside the hours of operation or on statutory holidays or Remembrance Day, allow up to 2 weeks for delivery of the Master Business License.
A name search can also be done online for a fee of $8.00.

iii) from the Internet via the Canada Customs and Revenue Agency: www.businessregistration.gc.ca
Registration requires Netscape Communicator 4.x or higher (but not 6.0), or Internet Explorer version 4.x or higher (version 5.5 may require a service pack). Registration takes about 30 minutes and costs $60 (payment by credit card only). Name searches are not available with this method of registration.

As well as registering or renewing a business name, you can also from this site register for:
· Ontario Retail Sales Tax
· Ontario Employer Health Tax
· Ontario Workplace Safety and Insurance Board

iv) from an OBC (Ontario Business Connects) computer terminal
For a list of local OBC computer locations see our “Business Key Contacts” stencil. Registering at an OBC computer takes about 30 minutes and costs $60. Searches of sole proprietorship, general partnership and corporate trade style names are available at the workstations for $8 per name.

v) by mail
Mail registration requires “Form 1" (Registration under the Business names Act - Sole Proprietorship/Partnership), takes 2-4 weeks and costs $80. This form is available at the Entrepreneurship Centre or Service Ontario in City Hall or online at: www.cbs.gov.on.ca/obc/english/4TNQ5J.htm.

Registering a business name does not give you exclusive rights to the use of that name. You can conduct a name search of existing sole proprietorships and partnerships in Ontario to avoid duplication. However, a name search is optional, since sole proprietorship and partnership names are not protected. To protect a business name you must incorporate or apply for a trademark.

Related information on registering a business name or partnership is available at the Canada-Ontario Business Service Centre Web site.

There are many advantages and disadvantages associated with various methods of business registration. More information on proprietorships, partnerships and incorporating is available at the Canada Business Service Centre Web site:

Incorporation is another form of business registration. You must incorporate if you want to operate your business as a corporation (a separate legal entity). You can incorporate provincially or federally. If you want to name your corporation, you must conduct a NUANS name search to verify whether the name is available.

Corporate names are protected. To conduct a NUANS search, contact a search company (under "Searches of Records" in the Yellow Pages) or visit a Web site like http://www.nuans.com or http://www.ontariobusinesscentral.ca/forms/biz-nuans.asp
There is a cost associated with this service.

Provincial incorporation costs $360 plus the cost of forms (available at the Entrepreneurship Centre for $21.95 + GST, or print them from http://www.cbs.gov.on.ca/mcbs/english/4VWQQC.htm). The forms can be filed at the Provincial Courthouse (Land Registry Office). You can also incorporate on-line through Oncorp or Cyberbahn. The cost for on-line filing is $300, plus the service provider's fee. Payment can be made by credit card or by setting up an account. More related information is available in the Canada-Ontario Business Service Centre's document 7011 .

Federal incorporation costs $250 if filing at Industry Canada's Corporations Directorate and $200 if filing via the Internet from the Corporations Directorate Electronic Filing Centre. More related information is available in the Canada-Ontario Business Service Centre's document 1168 and in the Corporations Directorate's Small Business Guide to Federal Incorporation.

If you aren't sure whether to operate as a sole proprietorship/partnership or a corporation, consult a lawyer and an accountant. Each operating structure has different legal and tax implications. The Entrepreneurship Centre offers 30-minute legal consultations and accounting consultations for a $25 administration fee.

For more information on business structure and name registration, please consult t