Neufeld Legal | Incorporating your Business

NAMED COMPANY: NUANS NAME RESERVATION

Contact Neufeld Legal PC for your incorporation legal work at 403-400-4092 / 905-616-8864 or Chris@NeufeldLegal.com

When you are intending to incorporate a named company (i.e., Business Sales Inc.), as opposed to a numbered company (i.e., 123456 Ontario Inc.), the NUANS Name Reservation is a mandatory step in the incorporation process of a named company. Naming a compnay involves searching a national database to ensure your proposed business name is unique and not "confusingly similar" to an existing name.

NUANS stands for Newly Upgraded Automated Name Search. It is the Government of Canada's official computerized search system for corporate and business names and trademarks.

  • The Search: An authorized NUANS member conducts a search of the database using your proposed business name. The system uses a powerful algorithm to generate a report that lists all similar or identical existing corporate names, business registrations, and trademarks across the country.

  • The Report: The resulting document, typically 7 pages, is the NUANS Report. It provides the government examiner with the necessary information to evaluate the availability of your proposed name.

  • The Reservation: When you order the NUANS Report, your proposed name is automatically reserved in the database for a specific period, typically 90 days. This name reservation is secured with a unique reservation number and holds the name for your exclusive use while you complete the rest of the incorporation process.

A NUANS report is a mandatory filing when incorporating federally or in certain provinces (i.e., Ontario, Alberta, New Brunswick, Nova Scotia, and Prince Edward Island), with its benefits including:

  • Legal Compliance and Mandatory Filing: For incorporation in the federal jurisdiction and the provinces listed above, submitting a NUANS report with your Articles of Incorporation is mandatory. Without it, the government will not approve your name or process your incorporation.

  • Ensures Name Uniqueness: The main purpose is to prevent the registration of a corporate name that is identical or confusingly similar to an existing one. This protects consumers from being confused about which business they are dealing with.

  • Avoids Legal Conflicts: By identifying potential conflicts early, the NUANS search helps you avoid future legal disputes, lawsuits, or "passing off" claims over name infringement, which can be costly and time-consuming.

  • Secures Your Name: The 90-day reservation period ensures that no one else can register your chosen name while you finalize your legal and administrative steps to officially incorporate.

  • Brand Protection: It helps you build a strong, distinct brand identity. Knowing your name is unique and legally available gives you confidence in your marketing and branding efforts.

So if you are looking to incorporate a new corporation or deal with the corporate legalities impacting your company, contact us at 403-400-4092 [Alberta], 905-616-8864 [Ontario] or via email at Chris@NeufeldLegal.com.

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