10. Other issues
Table of contents
- 10.1 Use of the words "broadcasting", "radio", "television"
- 10.2 USA-Securities and exchange commission names
- 10.3 Number of corporate name search report required
- 10.4 Where no complete Nuans search report is required
- 10.5 Trade name
- 10.6 Numbered name
- 10.7 Internet domain names as corporate name
10.1 Use of the words "broadcasting", "radio", "television"
When must an applicant request consent from the Canadian Radio-Television and Telecommunications Commission (CRTC) for a proposed name using the words "Broadcasting", "Radio" and "Television"?
CBCA gives Corporations Canada no authority to deny applicants the right to use these words. However, the CRTC will deny the applicant a licence to operate if the applicant is not qualified.
10.2 USA — Securities and exchange commission names
Nuans reports may cite corporate names which originate from the Securities & Exchange Commission in the United States. These companies are generally considered to be multi-national corporations doing business in Canada.
It has been the policy of Corporations Canada to consider such names in the name-granting process. If a proposed name is refused because it is confusing with a USA-SEC name, the applicant is advised but not required to find out from the available sources (see telephone and address below) whether or not the company is doing business in Canada. If the name is not checked, it may be granted with full assumption of risk in writing on the applicant's part.
Public Reference:Securities & Exchange Commission
100 F. Street, NE
Washington, D.C. 20549
10.3 Number of corporate name search reports required
There will be cases where one name search will suffice for several different but related name requests.
This is more likely to be the case if the names requested are for proposed affiliated corporations distinguished only by the geographical location in brackets.
- e.g. XYZ Tools (Ottawa) Inc.
- XYZ Tools (Hamilton) Inc.
- XYZ Tools (Toronto) Inc.
At the moment, however, there is no firm rule as to when only a single search report will be required. Each case should be referred to Corporations Canada for individual consideration.
With respect to Bilingual Names, see section 9 for guidelines concerning whether two searches are required for a bilingual name.
10.4 Where no complete Nuans search report is required
In the case of an application made pursuant to Regulation 22(2), a Nuans pre-search will be conducted by Corporations Canada in place of a complete Nuans search.
A complete Nuans search report will not be required if articles of continuance are filed at the same time as articles of amalgamation and if the certificate of amalgamation is to be issued in a name different from the name of the continued corporation and on the same day as the certificate of continuance.
If articles of continuance are filed at the same time as articles of amalgamation and if the certificate of amalgamation is to be issued in a name different from the name of the continued corporation and within a very short period of time (e.g., less than 24 hours) after the certificate of continuance. A Nuans search report will not be required, if the applicant undertakes:
- to file a complete Nuans search immediately if the amalgamation does not take effect as planned, and change its name if Corporations Canada decides it is necessary; and
- not to provide a consent under Regulation 24 for another entity to use its continued name, unless that name has been determined to be not confusing by Corporations Canada on the basis of a complete Nuans search report obtained by the entity at that time.
Depending on the length of time between the continuance and the amalgamation, the continued corporation may also be asked to undertake that it will not carry on business between the date of continuance and the date of amalgamation.
In the case of all other applications, a complete Nuans search is required.
10.5 Trade name
A corporation may carry on business under, or identify itself by a name other than its corporate name if that other name does not contain, either the word or expression "Limited", "Limitée", "Incorporated", "Incorporée", "Corporation" or "Société par actions de régime federal" or the corresponding abbreviation. Provincial law governs the registration of trade names.
10.6 Numbered name
If requested to do so by the incorporators of a corporation, Corporations Canada shall assign to the corporation as its name, a designating number followed by the word "Canada" and a legal element. If the applicant does not choose a legal element, then the numbered name will use "CANADA INC."
10.7 Internet domain names as corporate name
Suffixes like ".ca" or ".com" will not be treated as distinctive elements of a corporate name. The name will be treated as if it did not have the suffix. If the name has some distinctiveness without the suffix (e.g., "Doc Systems Inc.") and it is not confusing, it will be approved. If the name has no distinctiveness without the suffix, it will be rejected since the suffix does not add distinctiveness (e.g., "Cars.ca Inc."); would not be accepted because the name "Cars Inc." would not be accepted, being merely descriptive of the wares.
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