Business
CORPORATE LAW
The
prudent way to operate a small business in Ontario is through a
company set up under the Ontario Business Corporations Act. By
doing so,
the
company (also called a Corporation) is given its own legal
existence
and
the people who own the company's shares are legally separate and
distinct from the company itself.
Briefly, steps to incorporate a company include: obtaining
approval for a
company name, filing Articles of Incorporation with the Ministry
of
Consumer and Business Services, electing directors, passing
bylaws,
appointing officers, issuing and distributing shares,
appointing a banker
and an
accountant, organizing the company records and filing the
appropriate Notice with the Ministry.
Once
the company has been incorporated and organized, contracts can
be
signed
and business can be conducted in the name of the company which
becomes wholly responsible for carrying out its contractual
obligations,
not
the company's shareholders, directors or officers, even if they
happen
to be
the same persons.
There
are business and tax advantages for conducting business through
a
corporation. In fact, the only disadvantages are the costs of
setting up
the
company and the small annual fee to maintain the corporate
records.
If you
are thinking about incorporating an existing business or
incorporating a new business venture, you are well advised to
retain a
lawyer.