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Incorporating a business:

Expert: Alison R. Manzer

Ermin asked:

I am in process of incorporating my business. Right now I am in Saskatchewan but I will be moving to BC in two or three months. I have to incorporate soon to get funding but right now I don't have an address in BC. If I incorporate federally, do I still need to incorporate provincially in BC?

Alison R. Manzer answered:

Initially, you may want to be aware that you do not have to be resident in a province to incorporate provincially in that province. However, in your circumstances incorporation using a federal corporation makes sense. You then extra-provincially register that corporation in any province where you are carrying on business.

This appears to initially be Saskatchewan and later may migrate to British Columbia. You may want to check the requirements in any province where you are conducting business to see if you are required to register there as a result of those activities. The process of extra-provincial registration is a relatively simple process and does not involve a further incorporation in the selected provinces. You do not need a residence or business address to extra-provincially register the federal corporation.

About the author

Alison R. Manzer works for Cassels Brock & Blackwell LLP.

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