A step-by-step online legal guide to starting a business
Are you thinking of going into business for yourself, starting a start-up or a corporation? Or perhaps you're already in business, but are considering another legal form? We're here to help.
By answering a few key questions, you'll receive a personalized, concise, printable guide to the essential steps you need to take to start your business.
As a complement, dive into our video capsules for a visual overview. For further clarification, our frequently asked questions are at your service.
Do you have your employees sign contracts or agreements?
Has the company adopted enterprise policies
Have you applied to obtain a DAS/RAS number?
Do you know under which jurisdiction (federal or provincial) ) must the corporation be constituted?
Do you want to protect your source codes or your rights in a software ?
HIDDEN QUESTION
In case of illness or serious physical or intellectual limitations of the main officers and shareholders of the corporation, are legal mechanisms implemented to facilitate the operation of the business in such circumstances ?
Does the business own intellectual property rights or does it wish to obtain a trademark ?
Is the purchase of an existing company or certain assets of another company or property being considered?
Does the business have employees ?
Must the offices or spaces necessary for the business be subject to a lease ?
Do you plan to purchase a commercial building or a land ?
Do the annual taxable sales exceed $30,000 ?
Certain formalities must be followed in order to comply with various relevant laws, do you know them?
HIDDEN QUESTION
As a sole shareholder, did you know that you can convert your Quebec company to a sole shareholder regime?
HIDDEN QUESTION
Sous quelle juridiction la société devra-t-elle être constituée?
Are you already in business and do you wish to proceed with an asset rollover in favour of the new corporation ?
Sous quelle forme juridique souhaitez-vous faire des affaires? 723
Will the corporation have a numbered name or do you wish to assign a corporate name to it ?
Will the corporation have a numbered name or do you wish to assign a corporate name to it ?
Do you have a unanimous shareholder agreement or a shareholder agreement?
Under which jurisdiction must the corporation be constituted ?
Sous quelle forme juridique souhaitez-vous faire des affaires?
Are you a professional whose activities are governed by a professional order (e.g.: surveyor, dentist, physician, psychologist, etc.) ?
Suis-je seul ou ai-je des partenaires d'affaires? Caché
Does the company have any agreements to govern or authorize the disclosure of personal information to third parties?
In which legal form do you wish to make business ?
Does the company have or plan to have a website?
In which legal form do you wish to make business ?
Does the company offer its executives or employees the opportunity to participate in the company's growth with a fair and transparent stock option purchase plan?
Am I alone or do I have business partners ?
Does your company use the services of independent worker?
Declaration of sole shareholder to remove, in whole or in part, the powers of the directors.
Signing the declaration of sole shareholder with total withdrawal of
powers from the directors may entitle one to a conversion to the sole
shareholder regime.
Resolution for conversion to the sole shareholder regime
This regime ensures that the company is not required
to comply with the requirements of the Quebec Business Corporations Act
regarding bylaws, shareholder meetings, and meetings of the board of directors.
Agreement to authorize the communication of personal information for the purpose of fulfilling a mandate or executing a contract
Your agreement to govern the communication of personal information that
one party must disclose to the other for the purpose of fulfilling a mandate or
executing a contract.
Terms of use, privacy policy, and data protection for the website
It is important that your website provides users with
a document explaining the terms of use, privacy policy, and data protection
applicable to your site.
Contract useful for a
company that wishes to hire the services of an independent worker for a
specified period or for a self-employed worker whose services are hired by a
company.
Online service that allows you to easily establish a stock purchase plan
and provide a personalized options contract using our interactive
questionnaires.
Agreement to protect the confidentiality of personal information transmitted to suppliers and subcontractors
Your confidentiality agreement to protect and govern the communication
of personal information that one party must disclose to suppliers and
subcontractors.
Choose between a business corporation of federal or provincial jurisdiction
The choice of the jurisdiction of the business corporation can depend on several factors and will vary according to the particular situation of each business.
The power of attorney, also called the mandate, is a contract by which a person confers upon another person the power to represent him in the performance of a legal act with a third person.
This document is intended to restrict, in whole or in part, the powers of the directors of the corporation in order for the shareholders to be able to assume said powers themselves.
This document allows to organize the administration of the business corporation and to plan the disposition of shares upon death or withdrawal of a shareholder from the corporation.
Here are some mechanisms that could be useful according to your situation.
A little reminder
Among the different mechanisms below and which would already be in place, it is recommended to perform the audit thereof on a regular basis to ensure the relevance of the mechanisms in place and that the signature of other additional documents would not be desirable.
Change of name of the trademark owner
Your application for changing the name of the trademark owner.
Once a year, at the end of a fiscal year and once the financial statements are obtained, you must proceed with the preparation of the annual meetings of the corporation.
Once your corporation is duly incorporated, certain formalities must be followed in order for you to comply with different related legislations, including the following ones
Unanimous shareholder agreement
This document is intended to restrict, in whole or in part, the powers of the directors of the corporation in order for the shareholders to be able to assume said powers themselves.
This document allows to organize the administration of the business corporation and to plan the disposition of shares upon death or the withdrawal of a shareholder from the corporation.
Prior to the incorporation of your business corporation under Canada jurisdiction bearing a corporate name, a name search must be performed in order to check its availability.
Prior to the incorporation of your business corporation under Quebec jurisdiction bearing a corporate name, a name search must be performed in order to verify its availability and, if necessary, to file a name reservation application.
The information below also applies to your situation, but you cannot use the automated service of ScriptaLegal.com for the incorporation of your business corporation. Nevertheless, Notaire-Direct is able to assist you through this step.
To do so, you must proceed with the registration of your sole proprietorship at the Enterprise Registrar. Please note that it will be possible to use an assumed name, but it must be subject to a prior search to check its availability.