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NOT-FOR-PROFIT AND CHARITY
INCORPORATION IN ONTARIO

 

Incorporation Process

If a decision is made to incorporate you should take the following steps:

FIRST STEP: Select the proposed corporate name
SECOND STEP: Prepare and file the application for incorporation
THIRD STEP: Following the receipt of the Letters Patent of incorporation, organize the corporation
FOURTH STEP: The organization of a corporation is followed by an ongoing activity of "corporate maintenance", that is, ensuring that the corporation complies with the reporting requirements and conducts its affairs in accordance with the applicable Acts and Regulations
   

Head Office
Every corporation is required to have a head office in Ontario. This does not necessarily mean that a corporation must own or lease a special building or a suite of offices. Some incorporators use their home address for this purpose. However using a registered corporate address provides significant flexibility and increased privacy. You can view more details about Corporate Registered Address service here.

Directors
Each corporation must have not less than three directors. The first directors of the corporation have all the powers, duties and liabilities of directors that are elected to the board.

The office of director is not only an office that accords prestige to the person who holds it, it also places on that person responsibilities and even liabilities. Accordingly, any person accepting a directorship should be prepared to assume the responsibilities that go with the director’s office.

Objects of the Corporation
Objects are a concise statement of the ultimate purpose of the corporation.

The principal objects are objects that describe the primary undertaking of the corporation

Objects statement should be short but broad in nature. On the other hand, the objects should be sufficiently specific so as to avoid ambiguity.

Examples: the objects for a community youth organization might be drafted as follows:

The establishment and operation of a youth organization for the purpose of:
a) promoting the best interests of teenagers in the Town of Kenora;
b) promoting interest in athletics, sports and recreation and establishing and maintaining facilities and equipment for same.
and other complementary purposes not inconsistent with these
objectives.

Timing
An application for incorporation is usually processed within approximately 8 weeks of filing. The Letters Patent will bear the effective date as of the date of delivery unless the application is returned for revision, in which case Letters Patent will bear an effective date as of the date of redelivery to the Companies Branch, provided the application is correct.

 

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