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- Name Protection: The chosen name of your non-profit is safeguarded under federal law, preventing other entities from using it across Canada. This ensures strong brand protection and aids in avoiding legal disputes.
- Limited Personal Liability: A federally incorporated non-profit is a separate legal entity from its members. This shields directors and members from personal liability for the non-profit’s debts and obligations.
- Perpetual Existence: A federal non-profit can operate indefinitely, irrespective of changes in membership or leadership. This facilitates long-term planning and stability.
- Attracting Funding: Federal non-profits may be more appealing to donors and grant-making organizations due to their limited liability and the ease of transferring memberships.
- Tax Advantages: Federal non-profits can enjoy a variety of tax advantages, including tax-exempt status and specific deductions, particularly beneficial for charitable organizations.
- Access to Funding: Federal non-profits can access funding through various means, including grants, donations, and fundraising activities.
- Enhanced Credibility: Federal incorporation can boost credibility with partners, donors, and the public, signifying a professional and established organization.
- Separate Credit Rating: Federal non-profits establish their own credit rating, separate from the personal credit scores of its members. This can facilitate obtaining organizational credit and securing loans.
- Member Benefits: Federal Non-Profits can offer benefits to members, which can be attractive to potential members.
- National Recognition: Federal incorporation provides recognition and legitimacy across Canada, allowing for expansion and growth in different provinces and territories.
- Heightened Name Protection: Corporations Canada applies very tough tests before granting a company the right to use a particular name. When a company’s name is approved, it’s protected across the country – a status second only to trade-mark protection.
- Right to Carry on Business Anywhere in Canada: Federally incorporated companies can carry on business anywhere in Canada, and there are no restrictions regarding the province or territory where the head office is located, corporate records are maintained and annual general meetings are held.
- Recognition: Federal incorporation is often considered a sign of distinction, companies incorporated federally receive global recognition as Canadian companies.
Your Non-Profit can be incorporated in just 3 BUSINESS DAYS! Please note, this timeframe does not account for the extra time that may be required to tailor the articles of incorporation to your specific purposes and activities.
- Choose an Organization Name: Your Non-Profit name must be unique and distinguishable from other registered organization names in Canada. You will need a NUANS report. Legal suffixes such as — Inc., Ltd., Corp., Incorporated, Limited, Corporation — are not applicable. Words such as — Club, Association, Organization — are allowed. If we find any issues with the proposed name we will guide you and suggest possible names that would be viable for the incorporation.
- Incorporators, Directors, and Officers: In the process of incorporation, you must determine the directors and officers and their respective roles. At least three individuals are required to serve as directors for Non-Profits in Canada. Officers are viewed as employees within the organization.
- Registered Office Address: Every Non-Profit is required to have a registered office address, which could be either a commercial or a residential location. If you do not have an accessible address in Canada, our Address & Mail Forwarding Service is available for purchase (Only available for registration purposes).
- Incorporators: Incorporators are the individuals who initiate the process of establishing the Not-For-Profit organization. They file the necessary paperwork with the appropriate government agency to legally form the organization. In many cases, the incorporator can be an attorney or a service company that specializes in Not-For-Profit formations. Once the organization is formed, the incorporator’s role is typically complete.
- Board of Directors: The board of directors is a group of individuals elected by the members to oversee the management of the organization. They make high-level decisions and set the strategic direction of the organization. Directors are responsible for appointing officers and they have a fiduciary duty to protect the interests of the members.
- Officers: Officers are individuals appointed by the board of directors to manage the day-to-day operations of the organization. Common officer positions include the Executive Director, Chief Financial Officer (CFO), and Chief Operating Officer (COO). Officers are considered employees of the organization and they carry out the strategies set by the board of directors.
- Members: Members are the stakeholders of the Not-For-Profit organization. They do not hold shares of stock, as Not-For-Profit organizations do not issue stock. Members have the right to vote on major organizational decisions, such as electing directors. Unlike shareholders in a corporation, members do not receive dividends, as any profits made by the organization are reinvested back into the organization’s mission.
Yes, a minimum of 25% of the directors of the Non-Profit must possess either Citizenship or Permanent Resident (PR) Status.
The main difference lies in how they handle the profits and their primary objectives.
- For-Profit Organizations: These are businesses established with the primary intent of generating profits for the business owner or their shareholders. The main focus isn’t necessarily societal or community benefits, but rather earning a profit from goods sold or services provided.
- Not-For-Profit Organizations: These organizations exist to fulfill an owner’s organizational objectives and are not primarily focused on generating profits. They can operate for social welfare, civic improvement, sport, recreation, or any other purpose except profit. They do not have shareholders or owners who receive dividends or financial distributions.
A registered charity is a specific type of non-profit organization that operates on a non-profit basis and has been registered under the Income Tax Act. They must use their resources for charitable activities and have charitable purposes that fall into one or more of the following categories:
- The relief of poverty
- The advancement of education
- The advancement of religion
- Other purposes that benefit the community
Examples of registered charities include food banks, colleges, places of worship, and animal shelters. All registered charities, regardless of their designation, can issue official donation receipts for income tax purposes.
It’s important to note that while all registered charities are non-profit organizations, not all non-profit organizations are registered charities.
- Issuing Official Donation Receipts: Registered charities can issue official donation receipts for gifts received from individuals and corporations. This can encourage more donations as donors can use these receipts for tax deductions.
- Exemption from Income Tax: Registered charities are exempt from paying income tax. This allows them to use more of their resources towards their charitable purposes.
- Eligibility to Receive Gifts: Registered charities are eligible to receive gifts from other registered charities. This can provide additional resources to further their charitable activities.
- Increased Credibility: Being a registered charity can increase an organization’s credibility in the community. This can enhance its reputation and attract more support from the public.
- GST/HST Exemption: Many goods and services provided by registered charities are exempt from goods and services tax/harmonized sales tax (GST/HST)1. This can reduce the cost of providing these goods and services.
- Easier to Obtain Grants: Some funders only give grants to registered charities. This can open up additional funding opportunities.
Extra-provincial registration is the procedure where a corporation, whether incorporated federally, provincially, or territorially, requests authorization to undertake business operations in a different jurisdiction (province or territory). This registration enables the corporation to operate legally and fulfill its obligations in the additional jurisdiction.
Extra-provincial registration is necessary for several reasons:
- Legal Compliance: Each province or territory has its own laws and regulations governing business activities. By undergoing extra-provincial registration, corporations ensure compliance with the specific requirements of the jurisdiction where they plan to operate.
- Protection of Rights: Extra-provincial registration allows corporations to protect their legal rights and access the benefits and protections offered by the laws of the additional jurisdiction. It provides a legal framework for the corporation to conduct business activities, enter into contracts, and enforce its rights.
- Transparency and Accountability: Extra-provincial registration promotes transparency and accountability by making information about the corporation’s operations and activities available to the regulatory authorities and the public in the additional jurisdiction.
If you are planning to operate in other provinces or territories, you will also need to register as an extra-provincial or extra-territorial corporation in those jurisdictions. This process carries legal implications and requires compliance with the laws and regulations of both the original jurisdiction of incorporation and the additional jurisdiction. These implications may include filing requirements, maintaining a registered office address, and appointing a registered agent within the additional jurisdiction. Our Address Service and Agent Service, enables our clients to register their corporations in provinces and territories where they currently have no presence. These services are included in our incorporation packages.
Yes, we offer 3 types of post-incorporation and maintenance services. Click Here to read more
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