B.C. Incorporation – Choosing a Name

Considerations

There are many considerations in choosing a name for your Company. Generally it should be descriptive of the business to be carried on by the Company. You must also ensure that it is not the same as, or substantially similar to, a name already being used. If it is, even if the name is approved by the Registrar of Companies (as described below), the Company may be subjected to legal action over the right to use that name.

To reduce this risk you should:

• Check local telephone directories and yellow pages (to view telephone listing to see if similar names are listed, click here. Note: this will not guarantee that someone else is not using your name choice, but it is a good start. Remember: to return to this page, click BACK on your web browser toolbar);

• Review trade publications in the industry in which the Company is to carry on business; and

• Consider a trade name and trade-mark search across Canada (this costs a few hundred dollars, but in the long run, could save a lot of cost and aggravation).

If you have any questions about the above, please contact us.

Requirements

Generally, the Business Corporations Act requires that most Company names have three elements:

• a word or words which distinguish this business from other such businesses (e.g. "Joe’s");

• a descriptive word or words (e.g. "Fish Market"); and

• a word ("suffix") indicating that it is a company (Ltd., Limited, Inc., Incorporated, Corp. or Corporation, or the French equivalent).

However, unless found to be identical with a name on the corporate register, a person's full name will be considered to be distinctive for registration purposes, as will two family names or initials with a surname (e.g. "John Michael Smith Ltd.", "J.M. Smith Ltd". or "Smith & Walker Ltd."). Also a a descriptive element is not required when a coined word is combined with a geographic name (e.g. Kimrob Delta Ltd.). Another exception is where the name applied for is a single word that is a registered trade-mark owned by the applicant and meets certain criteria.

Name Reservation Request

The next step is to search the name you have chosen at the Registrar of Companies. You may specify up to three name choices for the $30.00 search fee charged by the Registrar of Companies. Your name choices should be listed in order or preference. Note that the search system searches the first choice, and if available, does not search the second choice. If the first choice is not available, it will search the second choice, etc.

We are connected online so that we may submit name search requests immediately to the Registrar of Companies. Usually we obtain search results within a couple of days. If 24 hour service is required, the Registrar of Companies charges an additional fee of $100.00.