Neufeld Legal P.C. 403-400-4092 Chris@NeufeldLegal.com
FOREIGN COMPANY IN CALGARY
Incorporating from outside of the province of Alberta for purposes of conducting business in the province of Alberta has its own unique set of dynamics. It is important that the appropriate approach be undertaken for purposes of engaging in business in the province, with one aspect being the incorporation process (but not the only process, as exemplifying by the need for licensing and government permissions).
The alternative to incorporation would be extra-provincial registration, which would not see the formation of a new company, but the attainment of the means for the foreign company to engage in business within the province of Alberta. An assessment nevertheless should be undertaken as to the value of incorporating a separate subsidiary corporation (and potentially an unlimited liability company, with its superior potential for flow-through treatment), as opposed to only undertaking an extra-provincial registration.
As such, when your business seeks the professional services of experienced legal counsel, whether when incorporating a new Alberta subsidary company or extra-provincially registering your existing foreign company, your business can look to the Calgary, Alberta law firm of Neufeld Legal P.C. Contact us at 403-400-4092 or via email Chris@NeufeldLegal.com.
Alberta Business Corporations Act
- important elements
Carrying on business in Alberta
277(1) For the purposes of this Part, an extra‑provincial corporation carries on business in Alberta if
(a) its name, or any name under which it carries on business, is listed in a telephone directory for any part of Alberta,
(b) its name, or any name under which it carries on business, appears or is announced in any advertisement in which an address in Alberta is given for the extra‑provincial corporation,
(c) it has a resident agent or representative or a warehouse, office or place of business in Alberta,
(d) it solicits business in Alberta,
(e) it is the owner of any estate or interest in land in Alberta,
(f) it is licensed or registered or required to be licensed or registered under any Act of Alberta entitling it to do business,
(g) it is, in respect of a commercial vehicle as defined in the Traffic Safety Act, the holder of a certificate of registration under the Traffic Safety Act, unless it neither picks up nor delivers goods or passengers in Alberta,
(h) it is the holder of a certificate as defined in section 130 of the Traffic Safety Act, unless it neither picks up nor delivers goods or passengers in Alberta, or
(i) it otherwise carries on business in Alberta.
(2) The Registrar may exempt an extra‑provincial corporation from the payment of fees under this Part if the Registrar is satisfied that it does not carry on business for the purpose of gain.
* For the full statute, please click on this link. Nothing should be read in the abstract and specific legal advice is always recommended.