Freetrading Articles

The statute that governs the registration of an Alberta sole proprietorship is the Partnership Act (Alberta). The statute refers to an Alberta sole proprietorship as an Alberta trade name.

The statute that governs the registration of an Alberta sole proprietorship is the Partnership Act (Alberta). The statute refers to an Alberta sole proprietorship as an Alberta trade name.

The Alberta Partnership Act indicates that any person who (i) is engaged in business for trading, manufacturing, contracting or mining purposes; and (ii) is not associated in partnership with any other person or persons and uses as the person's business name some name or designation other than the person's own, or the person's own name with the addition of "and company" or some other word or phrase indicating a plurality of members in a firm; shall file with the Alberta Registrar a declaration in writing of the fact. Before you register your Alberta trade name it might be advantageous for you to review the clauses in the Alberta Partnership Act with respect to registering a trade name in Alberta.

In other words, if a person is carrying on business under a name other than his or her own name, you must register a Declaration of Trade Name in order to be in compliance with the laws of Alberta. The Alberta registration must be registered within six months of carrying on business.

An Alberta Nuans name search report is not required when registering an Alberta sole proprietorship. The Alberta Partnership Act has no requirement for an Alberta trade name/Alberta sole proprietorship to be different than other Alberta registrations. You are allowed to register the exact same name as another sole proprietorship already registered with the Alberta government. Should you register a name that is the same as another name already registered? Absolutely not, unless you are connected in some way to that other registration or have written permission to register the name.

A preliminary name search should be done to ensure your name is available and a search house can do this for you for a small fee. Many search houses will clear your name in advance for free if you chose their service when registering your Alberta trade name.

Is it a requirement to register an Alberta trade name in order to conduct business as a sole proprietorship. No. However if you work under your personal name there may be situations where an Alberta registration would be advantageous as proof that you are in business. You may be required to show a valid registration when you register for other licenses connected to your business or when business proposals are set forth. The Alberta government will not allow you to register an Alberta trade name using your own name. You will need to register an actual business name. On another note, you can obtain a Business Number for your sole proprietorship even if you are operating under your personal name. Business Numbers (GST) are connected to the individual not to the Alberta sole proprietorship registration.

You cannot register an Alberta Trade Name or Alberta Sole Proprietorship on your own. You must ask a provider to assist you with the registration. In a way this can be a good thing because the service provider with check your name for you free of charge if you pick a service provider that provides this service. Then you can be assured of having a name that is not a conflict with any other name right across Canada.

In order to terminate your Alberta registration it will be necessary to file a Declaration of Ceasing to Carry on Business under a Trade Name.

When you register an Alberta Trade name it will be registered forever unless you chose to terminate it.