The Nuans Name System generates an Ontario Nuans Name Search Report. This system will check your proposed company name against all company names registered across Canada. You must have a Name Search Report in order to incorporate in this province. The report lets the government check your proposed name against the report to ensure there is no other company that has the exact same name as yours registered already. No two companies can have the same name.
If you are registering a business name or a trade name (also called a sole proprietorship) or a partnership you will not be required to obtain an Ontario Nuans Name Search Report. There is no protection for these names in this province. However it is advisable to at least do a preliminary name search regardless. A preliminary name search will give you an idea whether the name has been taken and what competition you have for the name.
It is important that you have the search house you contact perform a preliminary name search for the proposed name before the Ontario Nuans name search report is issued. If you do not do this and just order the report prior to checking the name it is possible there will be conflicts and your name will not be accepted. You will then have to order another Search Report.
Most reputable search houses will perform a preliminary name search for your proposed name as part of the service when you buy an Ontario Nuans name search from them. The only time there should be a fee for a preliminary name search is in the case where you are registering a trade name, partnership or a sole proprietorship in Ontario and a full search is not required but you still want to determine the availability of the name.
The government does not want an Ontario Nuans name search report when you register a trade name, sole proprietorship or partnership. You are allowed to register the exact same name as another company. You could still be taken to court if you register a name exactly the same as another registered name or if you register a name too close to another name so you need to perform a preliminary name search before you do this. Many search houses will do a preliminary name search for free when you order a partnership registration, sole proprietorship registration or a business name registration service from them. Otherwise you would need to pay a small amount for the preliminary name search if they do not give this to you for free.
Below is detailed information about how you should pick your name prior to ordering an Ontario Nuans name search report. Ontario companies are required to have a legal element to the name (see below) whereas business names do not need this.
When deciding on a name for your corporation, you should consider three aspects of the name as follows: (1) the Distinctive Element (2) the Descriptive Element, and (3) the Legal Element.
If the name you choose to register is "Crosgrey Carpentry Inc. , the distinctive element is the word "Crosgrey", which is distinctive because it is my last name. Another example of a distinctive element in a name might be "Grenville" as in "Grenville Garden Supplies Ltd." which is distinctive because it describes a location. "Starcross Dental Services Corp." has the distinctive word "Starcross" in it to make it stand out from other dental service companies. The descriptive element describes the type of business. In "Crosgrey Carpentry Inc.", the descriptive element is "Carpentry" which describes the nature of business. In "Grenville Garden Supplies Ltd." the descriptive element is "Garden Supplies" which describes the type of products this business sells. "Dental Services" is the descriptive element for "Starcross Dental Services Corp.".
The Legal Element is the word "Inc." which is a mandatory ending which recognizes the name as the name of a company. In Canada you can have the following endings for your company name: "Inc.", "Incorporated", "Ltd.", "Limited", "Corp.", "Corporation" and the French equivalents of "Ltee." "Limitee", "Inc." (same in English and French) or "Incorporee", The Legal Element distinguishes your proposed corporation name as a share corporation rather than an Ontario partnership, an Ontario business name, an Ontario sole proprietorship or an Ontario non-share corporation.
If you are registering a business name or a trade name (also called a sole proprietorship) or a partnership you will not be required to obtain an Ontario Nuans Name Search Report. There is no protection for these names in this province. However it is advisable to at least do a preliminary name search regardless. A preliminary name search will give you an idea whether the name has been taken and what competition you have for the name.
It is important that you have the search house you contact perform a preliminary name search for the proposed name before the Ontario Nuans name search report is issued. If you do not do this and just order the report prior to checking the name it is possible there will be conflicts and your name will not be accepted. You will then have to order another Search Report.
Most reputable search houses will perform a preliminary name search for your proposed name as part of the service when you buy an Ontario Nuans name search from them. The only time there should be a fee for a preliminary name search is in the case where you are registering a trade name, partnership or a sole proprietorship in Ontario and a full search is not required but you still want to determine the availability of the name.
The government does not want an Ontario Nuans name search report when you register a trade name, sole proprietorship or partnership. You are allowed to register the exact same name as another company. You could still be taken to court if you register a name exactly the same as another registered name or if you register a name too close to another name so you need to perform a preliminary name search before you do this. Many search houses will do a preliminary name search for free when you order a partnership registration, sole proprietorship registration or a business name registration service from them. Otherwise you would need to pay a small amount for the preliminary name search if they do not give this to you for free.
Below is detailed information about how you should pick your name prior to ordering an Ontario Nuans name search report. Ontario companies are required to have a legal element to the name (see below) whereas business names do not need this.
When deciding on a name for your corporation, you should consider three aspects of the name as follows: (1) the Distinctive Element (2) the Descriptive Element, and (3) the Legal Element.
If the name you choose to register is "Crosgrey Carpentry Inc. , the distinctive element is the word "Crosgrey", which is distinctive because it is my last name. Another example of a distinctive element in a name might be "Grenville" as in "Grenville Garden Supplies Ltd." which is distinctive because it describes a location. "Starcross Dental Services Corp." has the distinctive word "Starcross" in it to make it stand out from other dental service companies. The descriptive element describes the type of business. In "Crosgrey Carpentry Inc.", the descriptive element is "Carpentry" which describes the nature of business. In "Grenville Garden Supplies Ltd." the descriptive element is "Garden Supplies" which describes the type of products this business sells. "Dental Services" is the descriptive element for "Starcross Dental Services Corp.".
The Legal Element is the word "Inc." which is a mandatory ending which recognizes the name as the name of a company. In Canada you can have the following endings for your company name: "Inc.", "Incorporated", "Ltd.", "Limited", "Corp.", "Corporation" and the French equivalents of "Ltee." "Limitee", "Inc." (same in English and French) or "Incorporee", The Legal Element distinguishes your proposed corporation name as a share corporation rather than an Ontario partnership, an Ontario business name, an Ontario sole proprietorship or an Ontario non-share corporation.
About the Author:
Resources for Canadian Business Owners performs unlimited preliminary name searches with the purchase of an Nuans Ontario and will pre-check your name for free when you purchase a Register a Small Business
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