Peter’s Blog

Often the use of a Corporate Lawyer comes about as a result of challenges in business situations. Peter’s blog has been created to demonstrate the range of business situations that require the introduction of a corporate lawyer early in the process to prevent the often complex problems businesses find themselves in. Short succinct examples on asset protection, estate planning, succession planning and a variety of other matters will be addressed interspersed with some fun tongue and cheek responses to the media on issues of corporate law. Enjoy!

A Comprehensive Guide to Incorporation in Ontario

Navigating Business Success: A Comprehensive Guide to Incorporation in Ontario


Incorporation is a significant milestone for any business in Ontario. It not only provides legal protection and separation of personal and business assets but also opens up opportunities for growth and success. If you’re considering taking the plunge and incorporating your business in Ontario, this comprehensive guide is your roadmap to understanding the process, benefits, and everything you need to know.

  1. Why Incorporate in Ontario: The Advantages

Incorporating your business in Ontario comes with a range of advantages, including:

Limited Liability: One of the primary benefits of incorporation is limited liability, which protects your personal assets in case of business debts or legal issues.

Access to Capital: Corporations often have an easier time attracting investors and accessing funding.

Perpetual Existence: A corporation continues to exist even if the owner(s) change or pass away.

Tax Benefits: Corporations can benefit from various tax advantages, such as the Small Business Deduction, which reduces the corporate tax rate.

  1. Choosing the Right Business Structure

Before incorporating, you’ll need to decide on the most suitable business structure. Common options include:

Sole Proprietorship: The simplest form, but it offers no separation between business and personal assets.

Partnership: A collaborative structure where two or more individuals manage the business together.

Corporation: A legal entity that provides limited liability and various tax benefits.

  1. The Incorporation Process in Ontario

The process of incorporating your business in Ontario involves several key steps, such as:

Choose a Business Name: Ensure your business name is unique and complies with Ontario’s naming regulations.

Articles of Incorporation: You’ll need to submit these documents, outlining your business’s structure and bylaws.

Director and Shareholder Information: Provide details about the people involved in your corporation.

Registered Office: Designate an official address for your business.

NUANS Report: A name search report that shows the availability of your chosen business name.

  1. Legal and Regulatory Requirements

Understand the legal and regulatory requirements specific to Ontario, including:

Business Registration: Depending on your business type, you may need to register for an HST (Harmonized Sales Tax) account.

Permits and Licensing: Certain businesses require permits or licenses to operate legally in Ontario.

Ongoing Compliance: Corporations must meet annual compliance requirements, including filing annual returns and maintaining corporate records. These are required and failure to comply can result in cancellation of your corporation.

  1. Tax Considerations for Ontario Businesses

Ontario has its own tax regime, so it’s crucial to understand:

Corporate Taxation: Learn about corporate income tax rates and other tax obligations for Ontario corporations.

Small Business Deduction: This tax incentive can significantly reduce your corporate income tax.

HST/GST: Understand when and how to collect and remit these taxes.

  1. Protecting Intellectual Property

If your business relies on intellectual property, explore how to protect your trademarks, copyrights, and patents under Canadian law.

  1. Ongoing Management and Growth

After incorporation, your journey is just beginning. Learn how to manage your corporation effectively, raise capital, and expand your business in the vibrant Ontario market.


Incorporating your business in Ontario is a strategic move that offers numerous benefits and opportunities for growth. With the right knowledge and understanding of the process, legal requirements, and ongoing responsibilities, you can set your business on the path to long-term success in this thriving Canadian province. Whether you’re a startup or an established company, incorporation can be a game-changer for your business in Ontario. If you have questions, feel free to reach out to Peter