Requirements In Canada For Registering Articles Of Incorporation
For-profit and non-profit corporations alike have to file articles of incorporation in Canada. The articles of incorporation have to be filed with the Companies and Personal Property Security Branch which is responsible for processing these documents that contain basic company information. The Business Corporations Act of Canada regulates the filing of articles of information by profit-oriented corporations. This type of corporation also has to provide supporting documents and pay a filing fee during the filing period. Non-profit corporations, on the other hand, have to follow the regulations for that type of corporation as listed in the Corporations Act of Canada. Non-profits have to submit an application for Letters Patent and, like for-profits, have to provide supporting documents and pay a filing fee during the filing period.
It is advisable for organizers of the articles of incorporation to seek legal advice from competent lawyers before they pursue the process of filing articles of incorporation in Canada. This is because they might inadvertently overlook some legal requirements for filing articles of incorporation, particularly if the organizers are not Canadian, are new to the process of filing, or do not realize that different parts of Canada have different laws and procedures to follow.
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For example, in Ontario, the requirements for incorporating a for-profit corporation are governed by the Ontario Business Corporations Act. To file their articles of incorporation in Ontario, Canada, organizers may choose to submit their documents as electronic files through an Internet Service Provider affiliated by the Ministry of Government Services; or visit the Ontario Public Office of the Companies and Personal Property Security Branch to file the documents in person; or personally file the articles of incorporation at one of the 14 locations of the Land Registry/Service Ontario office; or mail the documents in a sealed packet to this address: The Companies and Personal Property Security Branch, 393 University Avenue, Suite 200, Toronto, ON M5G 2M2.
It must be clarified that the offices of the Companies and Personal Property Security Branch are not qualified to provide legal advice to members of the public with questions regarding Canadian articles of incorporation issues. The civil servants of these offices in Canada are only trained to process the filing of your articles of incorporation. For any legal questions, the public is advised to look for competent legal counsel instead.
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