The Nuans Name Search report has seven pages to it. The report is created from the name search system. The system will compare a proposed name for an Alberta company with the current database which contains all of the names that have been registered to date across Canada.
Before incorporating in Alberta you must obtain a report on whether the name is available for use. The Alberta government compares the proposed company name to the names on the Alberta Nuans name search to ensure the name you wish to use is available.
When registering a partnership or a trade name (sole proprietorship) it is not necessary to obtain an name search report. Anyone can register the same business name in Alberta when registering partnerships, proprietorships or buisness names. You need to still ensure that the name you are going to use is available and this can be done by doing a preliminary name search. A preliminary name search can let you know whether the business name you are thinking of registering is available for use without the need of ordering a full Search.
You should also have a prelim done prior to ordering a search when registering a company. The reason for this is that once you order the name search you have already paid and if there is a conflict then it is too late. If the Alberta Nuans report shows that your name is too close to another name you will have to order another report. If conflicts show up on the report you will need to order another search to ensure you have a name that is clear.
The normal practice is for the search house to perform the preliminary searches as part of the service when ordering a full search report. The only time you should pay for a preliminary name search is in a case where you do not want to order a full search. Examples would be in a case where you are registering an trade name or sole proprietorship and a full name search is not required but you do need to still check to see if the name is available which would be the case in this province.
It is important that you check your business name before you register even if you do not need to present a full Nuans report because the onus is on you to ensure you do not register a name similar to another name registered in Canada. Therefore performing a preliminary name search is a good idea.
It should be noted that when registering an Alberta corporation, it is a requirement that there be a legal element to the name (explained below) but for other registrations such as Alberta business names, this is not necessary.
Outlined below is a breakdown of the elements of a corporation name which principles can be used for business names as well with the exception of the legal element.
When deciding on a name for your corporation, you should consider three aspects of the name as follows: (1) the Distinctive Element (2) the Descriptive Element, and (3) the Legal Element.
If the name you choose to register is “Johnson Carpentry Inc. , the distinctive element is the word “Johnson”, which is distinctive because it is a last name. Another example of a distinctive element in a name might be “Toronto” as in “Toronto Garden Supplies Ltd.” which is distinctive because it describes a location. “Treelight Dental Services Corp.” has the distinctive word “Treelight” in it to make it stand out from other dental service companies.
The descriptive element describes the type of business. In “Smith Carpentry Inc.”, the descriptive element is “Carpentry” which describes the nature of business. In “Toronto Garden Supplies Ltd.” the descriptive element is “Garden Supplies” which describes the type of products this business sells. “Dental Services” is the descriptive element for “Starling Dental Services Corp.”.
The Legal Element is the word “Inc.” which is a mandatory ending which recognizes the name as the name of a company. In Canada you can have the following endings for your company name: “Inc.”, “Incorporated”, “Ltd.”, “Limited”, “Corp.”, “Corporation” and the French equivalents of “Ltee.” “Limitee”, “Inc.” (same in English and French) or “Incorporee”, The Legal Element distinguishes your name as a share corporation rather than a business name, sole proprietorship or non-share corporation.
Resources for Canadian Business Owners can assist you with an Alberta Company Search and Alberta Business Search along with other government and legal registrations.
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