What You Need to Know Before Ordering an New Brunswick Name Search Report
The report that is generated from the Canadian Nuans name search system is called a New Brunswick Nuans name search report. This program\’s purpose is to compare a proposed corporation name to all of the names in its database which are the names of all companies registered as of that date in all provinces and territories Canada with a few exceptions.
You will not be able to incorporate a company in New Brunswick without providing a New Brunswick Name Search Report along with your articles of incorporation. When you go to incorporate the New Brunswick government will compare the name you wish to use for your new company to all of the names on the New Brunswick Nuans name search and this will let the New Brunswick government know if the name is available for use.
The New Brunswick government also requires that a New Brunswick Nuans Report be provided at the time of registering a New Brunswick sole proprietorship, a New Brunswick partnership and a business name on behalf of a New Brunswick company already registered in that province. The Companies Branch in New Brunswick is very careful about granting name clearances and it is therefore very important to ensure your name is very different from any other names already registered. It is advisable to do a preliminary name search before ordering a full New Brunswick Nuans report just to ensure the name is available. Having a preliminary name search performed on your proposed business name will let you know if anyone is using the name prior to your ordering a full New Brunswick Nuans name search report. The reason for this is that once you order the New Brunswick name search it is too late to check the name. If the New Brunswick Nuans report shows that your name is too close to another name your proposed name will be rejected by the government in New Brunswick and it will be necessary for you to order another New Brunswick name search. Keep in mind that the government looks at not just names registered in New Brunswick but those registered right across Canada.
Prior to obtaining your New Brunswick Nuans report you must first ascertain whether the name that you wish to use is available. This is done by having a search house perform a preliminary name search. The normal practice is for the search house to perform the preliminary name search as part of the service when ordering a full New Brunswick Nuans name search report. Watch out for companies that charge a separate fee for the preliminary name search when ordering a full 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 would be in a case where you are registering a trade name and a Nuans is not required. New Brunswick requires all registrations, i.e. incorporations, business name registrations, sole proprietorship registrations and partnership registrations to be accompanied by a New Brunswicks Nuans name search report. Look for a service that will perform the preliminary name search as part of the cost of ordering your New Brunswick Nuans report.
You must have a legal element for the proposed name (explained below) but for registrations such as New Brunswick partnerships or New Brunswick trade names the legal element is not required or even allowed.
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 picking a name for your corporation, you should consider three elements of the name. In particular: (i) the Distinctive Element (ii) the Descriptive Element, and (iii) the Legal Element of the name. If the name you choose to register is \”Peterson Carpentry Inc. , the distinctive element in the name is the word \”Peterson\”, which is distinctive because it is a, individual\’s last name. Another type of a distinctive element in a name might be \”Ontario\” as in \”Ontario Garden Supplies Ltd.\” which is distinctive because it describes a location. \”Greening Dental Services Inc.\” has the distinctive word \”Greening\” in it to make it stand out from other dental service companies.
The descriptive element describes the type of business. In \”Capital Mining Inc.\”, the descriptive element is \”Mining\” which describes the nature of business of the corporation. In \”Pickering Legal Services Ltd.\” the descriptive element is \”Legal Services\” which describes the type of services this business provides. \”Building Supplies\” is the descriptive element for \”Mack Building Supplies Corp.\”.
The Legal Element in the name Mining Resources Inc. is the word \”Inc.\” which is a mandatory ending which recognizes the name as the name of a company. Any company registered in Canada must have one the following endings: \”Inc.\”, \”Incorporated\”, \”Ltd.\”, \”Limited\”, \”Corp.\”, \”Corporation\” and the French equivalents of \”Ltee.\” \”Limitee\”, \”Inc.\” (same in English and French) or \”Incorporee\”, The Legal Element indicates that the name relates to a company rather than to a business name, partnership or sole proprietorship.
A reputable search house will take the time to try and clear your name by performing as many preliminary name searches as are required to clear your name. Notwithstanding this, the government examiners have different points of view and different methods of clearing names which is not always evident at the time of performing a preliminary name search. Your proposed name could still be rejected even though the search house took the time to check. There is just no guarantee but performing a preliminary name search cuts down the odds that your name will be rejected by the New Brunswick government.
Resources for Canadian Business Owners provides unlimited preliminary name searchs as a free service when purchasing a New Brunswick Name Search Report and can assist with Sole Proprietorship Registrations.
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