Registering an Alberta Small Business

The Partnership Act (Alberta) governs the registration of Alberta trade names which are also considered to be the same as Alberta sole proprietorships.

The statutes indicates that an individual who (a) is engaged in business for trading, manufacturing, contracting or mining purposes; and (2) is not associated in partnership with any other person or persons and uses as the person’s business name some name or designation other than the person’s own, or the person’s own name with the addition of “and company” or some other word or phrase indicating a plurality of members in a firm; shall file with the Alberta Registrar a declaration in writing of the fact. If you are planning on registering a sole proprietorship it would be appropriate for you to take a look at the Alberta Partnership Act provisions for Alberta sole proprietorships.

In layman’s terms what the statute is trying to say is that any individual who is operating under a name other than his or her own name must register an Alberta sole proprietorship. A sole proprietorship registration in Alberta must be filed six months from the date it commences business in Alberta.

If you decide to register an Alberta trade name you should be aware that an Alberta Nuans name search is not required. It is not a requirement of the statute that the name you chose for your Alberta trade name be unique. The Alberta government will accept a registration of a name that is exactly the same as another name registered as a sole proprietorship in Alberta. If you are going to register a trade name and you realize that there is another name registered which is exactly the same, you should not register the same name unless you have a connection with that business or have received consent in writing to the use of the name.

First you must determine whether there are any conflicts to the name you wish to use and this is done by having a search house perform a preliminary name search for you. Search houses will usually clear your proposed name for free when you purchase their service to register your sole proprietorship and others will provide you with a preliminary name search for a small fee.

An individual can conduct business as a sole proprietorship by using his or her name and not registering an actual Alberta trade name. In fact the Alberta government will not allow you to register a sole proprietorship under your personal name. In some cases though it might be advantageous to have an Alberta registration in place such as when a corporate client wishes the sole proprietorship to acknowledge he or she has a valid business registration in place or in some cases where ancillary licenses are required for the company and a Alberta registration document must be shown. The federal government does not care if you have a Alberta sole proprietorship registration in place in order to issue you a federal Business Number. The federal business number is connected to the individual rather than the Alberta trade name registration.

It is not possible for you to register a sole proprietorship on your own. The Alberta government mandates that a service provider must assist you. This is really a good thing since if you pick the right service provider they will check your name in advance for you free of charge. Look for this type of provider before you register and then you can be assured that your name is not only available in Alberta but clear right across Canada.

If you wish to terminate your Alberta sole proprietorship you must file a Declaration of Ceasing to Carry on Business under a Trade Name.

An Alberta Trade Name registration is perpetual which means that it will stay in place until you terminate the registration.

Resources for Canadian Business Owners can assist you with your Alberta Trade Name and Alberta Nuans Name Search or Preliminary Name Search