Business registration occurs automatically as part of the incorporation process if your business is being originally incorporated in Nova Scotia.
However, if the business has already been incorporated outside of Nova Scotia, you have to have your business name approved for use in Nova Scotia before you can apply for business registration as a corporation. (See the first part of this article, Registering a Business Name for an outline of the name approval process.) (Note that if your business is incorporated in New Brunswick, you don't need to register it in Nova Scotia.)
The Nova Scotia Registry Of Joint Stock Companies refers to the incorporation process for a company that is not incorporated elsewhere as registering a Limited Company. The process for incorporation for such a company is quite straightforward; you assemble and fill out all the required incorporation forms (or have a lawyer do it), and submit them to the Registry Of Joint Stock Companies, along with the required fees.
Some, but not all, of the required forms for incorporation in Nova Scotia are available online. Notice that you also need to complete and submit an Appointment of Recognized Agent form, as every Nova Scotia corporation needs to have a Recognized Agent.
Currently, Nova Scotia incorporation costs $417.33 (an incorporation fee of $308.71 plus a business registration fee of $108.62). This fee doesn't include the fee for your name reservation search. Also, you must renew your incorporation each year, which costs $108.62.
A company that is already incorporated in a province other than Nova Scotia (except New Brunswick, which is exempt), will need to follow the procedure for Extra-Provincial Company Registration. This means that after you have your business name approved for use in Nova Scotia, you must complete and file the three Statement of Extra-Provincial Registration forms and the Appointment of Recognized Agent form.
The signatures on the Statement of Extra-Provincial Registration forms need to be formally attested; you will need to take them to a Nova Scotia Access Centre or to the Registry to be sworn to by a Commissioner of Oaths, or have them sworn by a lawyer, Notary Public, or Justice of the Peace.
Once this is done, you're ready to submit your forms and the required fees to the Registry of Joint Stock Companies. Currently, the standard fee for extra-provincial incorporation is $251.53, and must be renewed each year which also costs $251.53. (The fees for extra-provincial incorporation of an insurance company, bank, loan or trust company are higher.)
Other Legal Obligations Related to Incorporation in Nova Scotia
Note that the above only covers the cost of the incorporation process. When you start a corporation in Nova Scotia or register your existing corporation to do business in this province, you may also have to:
- open a GST/HST account to collect and remit HST (See Register for the GST/HST for details)
- register your new business with your municipality (and pay Business Occupancy tax)
- register for any permits and/or licenses specific to doing business in your industry (See BizPal for information)
- prepare to have employees. This Guide to Canadian Payroll Deductions explains how to set up your CRA account and do payroll in Canada.
- register with the Workers Compensation Board of Nova Scotia
Another form of business that you may wish to consider is the society. Read on to learn the registration procedure for a society in Nova Scotia.
