Martin Köpp

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 statute says that each person who: (1) is engaged in business for trading, manufacturing, contracting or mining purposes; and (2) 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. If you are doing an Alberta Registration it would be a good idea to review the Partnership Act online before you register your sole proprietorship.

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.

You are not required to provide an Alberta Nuans name search report to register an Alberta Registration such as a sole proprietorship. The Partnership Act (Alberta) has no requirement for an Alberta trade name /Alberta sole proprietorship name to be unique. Any company, sole proprietorship or partnership can register the same Alberta business name at the same time. This does not mean that you should just go ahead and register any name you wish. It is important that you make all attempts to have a distinct name for an Alberta Registration that is very different from all names out there.

First you must determine whether there are any conflicts to the name you wish to use and this is done by having a search house perform a preliminary name search for you. Search houses will usually clear your proposed name for free when you purchase their service to register your sole proprietorship and others will provide you with a preliminary name search for a small fee.

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.

It is not possible for you to register a sole proprietorship on your own. The Alberta government mandates that a service provider must assist you. This is really a good thing since if you pick the right service provider they will check your name in advance for you free of charge. Look for this type of provider before you register and then you can be assured that your name is not only available in Alberta but clear right across Canada.

If you wish to terminate your Alberta sole proprietorship you must file a Declaration of Ceasing to Carry on Business under a Trade Name.

Alberta Sole Proprietorships are perpetual. This means they will stay in place until you dissolve the registration.