Business Lawyer, Mississauga

Business Law services

A person who starts up a business may choose from several types of business organizations. The question facing every person who starts up a business is whether the business would do well or fail. The presence of risk is common in every business, however, most of those risks can be minimized by following the proper structures for carrying on a business. This is where proper legal advice of the legal structures for carrying on businesses matter.

A broad range of statutes and common law doctrines govern businesses in Canada. As a result, there are many liabilities and duties to be mindful about when starting, running, or ending a business. The federal government’s own corporate law statute is the Canada Business Corporations Act, and the Province of Ontario’s own corporate law statute is the Ontario Business Corporations Act.

YFLaw Professional Corporation will advise you as to which form of business organization suits your individual and specific needs and circumstances. We help your business start, run, and grow successfully, leaving you happy, content, and free of worries.

Methods of carrying on business 

There are various forms of business organization. Sole proprietorship, Partnership, Co-ownership, Corporations, Joint ventures, Franchises, Licenses and Not-for-Profit Organizations and Charities. The number of owners and the nature of the activity intended would define which form of business organization to be used. There are other determining factors too that would ultimately impact the form to be used, such as limited liability, perpetual existence, estate planning, citizenship requirements, costs, employees, relationship of proprietors and income tax consequences.

YFLaw Professional Corporation has the knowledge, experience, and skills to help you navigate through the complexities in Corporate Law. Our services in this respect also include the following:

• Business Organization
• Partnership Agreements
• Licensing Agreements
• Franchising Agreements

The incorporation process

YFLaw Professional Corporation would discuss with you a myriad of issues surrounding whether to incorporate your business. The legal jurisdiction to incorporate, a federal corporation or an Ontario corporation, would depend on considerations like tax treatment, securities or corporate governance issues that are found in each different corporate statute. Also, for professional corporations, the governing statute must permit the business to practise the profession. Our services in these respects include the following:

• Incorporation 
• Corporate record keeping
• Incorporation of professional corporations
• Extra – provincial registrations
  

Post-incorporation matters

Once a corporation comes to life after its incorporation, there are a series of events like post-incorporation organization, amendments, continuance, amalgamation or even dissolution. The directors and shareholders must pass certain resolutions and prepare certain documents to enable the corporation to do business. These steps must be accurately and diligently followed in order to prevent deficiencies that would later surface when a future proposed purchaser of the business does the minute book due diligence.

YFLaw Professional Corporation will walk you through all these steps from making bylaws, casting votes, forms of share certificates, corporate records, minute books, issue of shares, appointment of officers and auditors, directors’ consents, filing initial returns to ensuring that documents compliant with Ontario Securities Act are filed with the Ontario Securities Commission. Our services include the following:

• Pre-Incorporation Contracts
• Purchase of existing business
• Extra-Provincial Registration
• Registering a Business Name
• Indemnifications to Directors
• Unanimous Shareholder Agreements
• Shareholder Agreements
• Amalgamation Outside Ontario
• Continuance Outside Ontario
• Notice of Meetings
• Shareholder Resolutions
• Shareholder Proposals
• Annual Meetings
• Corporate Annual Returns
• Corporate Changes
• Sale, Lease or Exchange of Property of Corporation
• Filing Articles of Amendment

Our services also include the following:

• Purchase & Sale of a Business and Assets
• Debt financing & Secured Transactions

Not-for-profit organizations, corporations, and charities

Not-for-profit corporations provide a benefit to society through their activities and can be social clubs, professional groups, trade groups, sporting clubs or fraternal organizations. A not-for-profit corporation which is a club has its objectives fully or partly social where members can share the accumulated profits when it is wound up. In Ontario, not-for-profit corporations will be governed by the Not-For-Profit Corporations Act, 2010, once proclaimed. The new federal Canada Not-For-Profit Corporations Act govern the federally incorporated not-for-profit corporations.

YFLaw Professional Corporation can advise you of the various legal structures available for not-for-profit organizations and discuss the advantages and disadvantages of charitable registrations, including the exemptions from income tax.