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Incorporating A Company
Department of Justice
Last Verified:
2004-09-17
The information provided is to help you submit the forms and information required to incorporate a business under the Business Corporations Act. By ensuring that you provide all the required information with your initial application, you can help the Corporate Registry process your incorporation documents swiftly.
The information provided does not tell you everything you may need to know about incorporation. You may wish to consult with legal counsel or other professional advisors to consider other features that might desirable in your corporate structure, or advise you on choosing a name for your corporation.
Eligibility Criteria
Any business wanting to incorporate in the Northwest Territories.
Summary
What Information Must be Filed?
Before you can receive a Certificate of Incorporation, you must send all of the following supporting materials to Legal Registries to the address mentioned below under Contacts:
- a name search request, except where you are requesting a numbered company,
- Form 1, Articles of Incorporation,
- Form 2, Notice of Registered Office in duplicate,
- Form 4, Notice of Directors, in duplicate,
- the incorporation fee of $300 and the $25 name search request fee, if applicable.
It is not mandatory to use the forms provided. However, substitutes must follow the same format, provide all of the required information in legible printing, and be set out on bond paper measuring 8 1/2 x 11 inches. Forms must be originally signed and should not be submitted by facsimile.
What is the First Step for Incorporation?
You can either choose a distinctive word name or choose to have a numbered company name. If you choose to incorporate a numbered company the Registry will assign the number. The request for a numbered company name should be made when you file the Articles of Incorporation and pay the incorporation fee.
If you choose a word name, verifying the uniqueness of your proposed corporation name in its area of doing business may take some time. Therefore, you many want to have the name searched and reserved against possible use by others before you file your Articles of Incorporation. If you do not reserve your proposed name, it will be searched at the time you file your articles. The fee for searching a name is $25 and this must be paid when the name is searched. There is no fee if you choose to a have a numbered company.
The Registry will examine your request to determine the distinctiveness of your proposed name and assess whether it meets the name-granting requirements of the Business Corporation Act and Regulations. The Registry will then make a decision to grant or reject it. If your name request is granted, you have a reservation of that name for a 90 day period. If the 90 day period lapses before incorporation, you must take a renewed request for a name reservation with the Registry.
What does the Registry Do?
The Registry will check that your articles are complete and in proper form, and that the name is acceptable. If so, the Registry will issue a Certificate of Incorporation showing the date of incorporation. If you prefer, you may request a specific date of incorporation (this must be a future date).
A notice will be published in the monthly Northwest Territories Gazette setting out your corporation's name and its date of incorporation.
Applications bearing deficiencies will be returned to the applicant with a letter indicating the nature of the deficiency. When deficient articles are returned to applicants the fee will be returned to the submitter along with the documents.
You will given an Incorporation Package which will help you submit the forms and information required to incorporate a business under the Business Incorporation Act (BCA).
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