Named Corporations

Choosing a corporate name is a difficult task since it must conform with a number of statutory requirements. To increase the chances of your proposed name being accepted, it is recommended that you choose a name that both accurately describes your business and is as specific and distinct as possible. If your proposed corporate name uses common, popular names, the chances of it being accepted decrease. Furthermore, you are prohibited from using a corporate name which is either identical or deceptively similar to one that is already used by another corporation in your jurisdiction.

In some cases, you may decide to take over an existing sole proprietorship or partnership, which has a name that is either identical or similar to your corporation's proposed name. Under these circumstances, the corporation's Articles of Incorporation may have to be accompanied with additional documents, such as:

  1. a consent signed by the sole proprietor or all the partners;
  2. an undertaking by the sole proprietor or partnership that dissolution proceedings will begin before the proposed corporation carries on business; and
  3. a declaration by the sole proprietor stating that he/she is in fact the sole proprietor or by a partner stating that the consent and undertaking were signed by all the partners.