Frequently Asked Questions
Frequently Asked Questions
What is a Name/Nuans search?
A Name/Nuans Search is completed in order for us to get a list of corporations in Canada (except Quebec) that have business names that are similar or identical to the name in which you will be using for your corporation
Why do we do a Name/Nuans Search?
A Nuans Search is now mandatory whenever incorporating a named corporation.
What is the difference between an Officer and a Director?
Directors of a corporation are either elected or appointment by the shareholders of that corporation. They are responsible for overseeing the activities of the corporation. While their duties are outlined in the corporate by-laws, their main responsibility is to act on behalf of shareholders.
Officers are appointed by the board of directors and are responsible for the day-to-day operations and management of the corporation. The corporate officers usually consist of a president, one or more vice presidents, the secretary, and a treasurer.
Depending on the company, the board of directors and officers can be made up of the same individuals. The board of directors and officers often work closely together, but play very different roles in the corporation.
What is the difference between a Master Business License and Incorporating?
The most important difference is the level of name protection. A Master Business License, whether for a sole proprietorship, general partnership or an existing corporation does not have name protection as an incorporated corporation. If another business chooses to operate a same or similar name to your business name, they can with no opportunity for you to seek infringement.
With an incorporated company, your business name is completely protected, as the system will not allow someone to incorporate an exact same business name within your Province. If someone incorporates or registers a business name that is similar after you have incorporated, you may be able to seek infringement requesting that the new business change its business name or face litigation.
What is the difference between Divorce and Separation?
A divorce is, simply put, a piece of paper, which signifies the legal end to your marriage. Only legally married persons may obtain a divorce. Divorces are not available to common law partners or cohabitating persons.
A separation occurs at the moment where a couple decides to end their relationship. Common law spouses may obtain a Separation Agreement wherein they can deal with their assets and liabilities and other outstanding issues. For married couples, a one-year separation period is mandatory before a Divorce order can be obtained.
What is Child Support and am I entitled to it?
Child Support is a parent’s financial obligation towards their child(ren).
How to calculate child support is relatively simple to answer. Today, we mostly use the Child Support Guidelines. These are tables, federally and provincially mandated, that take into account each parent’s income and the number of children in a family, and decide the amount of support that should be payable every month to the parent who has custody of the children.
However, sometimes this can get complicated when there are others factors that affect the calculation, including but not limited to:
What does Custody actually mean?
A common misconception that parents tend to make is believing that custody means who the children stay with. This is wrong. Custody means who has the right to make big decisions for the child(ren). Such decisions include which religion the child(ren) will follow, which school to attend, medical decisions and mobility rights.
There are different types of custody arrangements:
Your lawyer can help you navigate through the different options and find the one that is most suitable for you and your circumstances.
What is Spousal Support and am I entitled to it?
Spousal support is often times even more difficult to resolve than child support. There are Suggested Spousal Support Guidelines, but these are simply Guidelines and are not legally enforceable. The Spousal Support Guidelines are based on a slightly complicated formula and presented as ranges rather than a set amount. Decisions on spousal support take into account:
The purpose of spousal support is to give the lower-income spouse, who may have made financial and career sacrifices throughout the marriage, enough time to rebuild their life without having to financially struggle.
Generally however, the shorter the marriage, the shorter the duration of spousal support. For marriages that have lasted 20 years or more, spousal support may be for life.
How is property divided after I have decided to separate from my spouse?
Property division is complex and can be very difficult to determine. Several factors must be considered before being able to determine how to one can properly divide up properly.
Assets and debts must both be taken into account and both parties require full financial disclosure.
It is important to note that Common Law spouses are not entitled to claims for property.
Your family law lawyer can assist you in this process and will advise you of your rights. Contact us today!
What is permanent residence in Canada?
Obtaining “permanent residence” or “permanent resident status” in Canada is also known as “immigrating to Canada” or becoming a “landed immigrant.” The successful end result of the Immigration process is the issuance of an “immigrant visa” or “confirmation of permanent residence document”. Persons to whom an immigrant visa/confirmation of permanent residence document has been issued must present themselves to an Immigration officer at one of Canada’s official ports of entry in order to become landed immigrants.
What is the difference between a Canadian Citizen and a Permanent Resident?
Canadian permanent residents/landed immigrants and citizens enjoy all of the same rights and privileges (i.e. free health care, free elementary and secondary education, etc.) with three (3) exceptions:
How can I become a permanent resident of Canada?
To be eligible to immigrate to Canada, you must meet the requirements of one of the many categories of Canadian Immigration:
Once you’ve determined which category you fit into, you can apply for Permanent Residence in Canada through a designated Case Processing Centre/Centralized Intake Office.
How can I become a citizen of Canada?
Only after having resided in Canada for three (3) out of four (4) years as a permanent resident/landed immigrant of Canada, is one eligible to apply for Citizenship.
How long does the Application process take?
Processing times will depend on:
Nobody can promise you a specific processing timeframe and any lawyer/consultant that guarantees processing times is being less than truthful with you. They CANNOT guarantee processing times as processing times are ALWAYS subject to change WITHOUT advance notice.
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