The report that is generated from the Nuans name search system is called an Alberta Nuans name search report. This program’s purpose is to compare a proposed company name to all of the names in its database which are the names of all companies registered as of that date across Canada.
You will not be able to incorporate a company in Alberta without providing a copy of an Alberta Nuans Name Search Report. When you go to incorporate the Alberta government will compare the name of your company to all the names on the Alberta name search report and this will let them know the name is available for use.
When registering an Alberta partnership or an Alberta trade name (sole proprietorship) it is not necessary to obtain an Alberta Nuans name search report. Anyone can register the same business name in Alberta respecting registration of Alberta sole proprietorships and partnerships. You need to still ensure that the name you are going to use is available and this can be done by doing a preliminary name search. A preliminary name search can let you know whether the business name you are thinking of registering is available for use without the need of ordering a full Alberta Name Search.
You should also have a preliminary name search done prior to ordering an Alberta Nuans name search when registering an Alberta company. The reason for this is that once you order the Alberta name search it is too late to check the name. If the Alberta Nuans report shows that your name is too close to another name you will have to order another Alberta name search. If conflicts show up on the Nuans report you will need to order another search to ensure you have a name that is clear.
The normal practice is for the search house to perform the preliminary name searches as part of the service when ordering a full Alberta Nuans name search report. Watch out for companies that charge a separate fee for the preliminary name search when ordering a full report. The only time you should pay for a preliminary name search is in a case where you do not want to order a full search. Examples would be in a case where you are registering an Alberta trade name or Alberta sole proprietorship and a full Alberta name search is not required but you do need to still check to see if the name is available.
Even though you are not required to obtain a Nuans Alberta when registering an Alberta trade name or Alberta business name, an Alberta sole proprietorship or an Alberta partnership, you should still have the name you wish to use checked. There could still be a conflict with the name and you could be requested to stop using the name if you pick a name that is well known by the public for many years. In order to safeguard against this you should do a preliminary name search on any name you are going to use as an Alberta business or trade name, Alberta sole proprietorship or Alberta partnership.
If you are registering an Alberta corporation, you will be required to have a legal element (explained below) but for other registrations such as sole proprietorships, business names and partnerships this will not be necessary.
The information herein explains what to look for when using a name for a corporation however the principles can be applied to Alberta business names, partnerships and sole proprietorships as well with the exception of the legal element.
When picking a name for your corporation, you should consider three elements of the name as follows: (i) the Distinctive Element (ii) the Descriptive Element, and (iii) the Legal Element.
If the name you choose to register is “Johnson Carpentry Inc. , the distinctive element is the word “Johnson”, which is distinctive because it is a last name. Another example of a distinctive element in a name might be “Toronto” as in “Toronto Garden Supplies Ltd.” which is distinctive because it describes a location. “Treelight Dental Services Corp.” has the distinctive word “Treelight” in it to make it stand out from other dental service companies.
The descriptive element describes the type of business. In “Gandhi Carpentry Inc.”, the descriptive element is “Carpentry” which describes the nature of business. In “Grandville 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 “Starlight 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 name as a share corporation rather than a business name, sole proprietorship or non-share corporation.
Resources for Canadian Business Owners can assist you with an Alberta Business Company Search Report and Alberta Name Registry along with other government and legal registrations.
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