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With this Search and Reservation, there are two different ways to submit
your application form:
A) You can send in a hard copy. You can get a form
by:
(1) downloading
a form from our website;
(2) visiting any Access
Nova Scotia Centre; or
(3) calling, writing or visiting
the Registry of Joint Stocks office listed above.
B) You can fill it out on-line. To do this, you
must be able to pay as follows:
(1) by Visa, MasterCard or American Express Credit
Card; or
(2) with an already established positive
balance account with the Nova Scotia Business Registry.
We cannot accept any form of Debit
cards on-line at this time.
If you wish to apply on-line, click
here.
The completed application is submitted to the Department, along with
the applicable fee (see Price below).
When applications are sent in by mail, the fee for the Business Name
Reservation must be paid in advance and is not refundable.
Applicants who want to reserve a business name are advised to have
several alternatives. It is fairly common that first or second choices
cannot be registered because (a) they are already in use, or (b) they
are so similar to some name already in use that it could easily cause
confusion.
The name reservation process has two stages: (1) a preliminary
search of the Registry database of business names in use in Nova Scotia,
and (2) a second, more exhaustive search by NUANS (an independent agency
specifically responsible for federal and provincial name searches) of
business names in use in the Atlantic provinces, plus federally incorporated
companies and trademarks. (This is important because there is a reciprocal
agreement between New Brunswick and Nova Scotia, which allows businesses
properly registered in New Brunswick to carry on business in Nova Scotia
without having to register again in Nova Scotia [and vice versa]. A business
name registered in New Brunswick will not show up in the first, preliminary
search.)
Preliminary Search: This search can be requested over the phone
or in person, at the Registry head office or an Access Nova Scotia Centre,
and is free. If the search reveals a conflict with a name already in use
in Nova Scotia, another name can be searched without charge. However,
this search is "preliminary" and while it identifies many potential
conflicts, it does not catch them in every single case (because, as mentioned
above, it does not include the names in use in New Brunswick.) This is
why the more exhaustive NUANS search is important.
The procedures for dealing with applications sent in by fax or by mail
are different: there is no free preliminary search. The fee for the Business
Name Reservation must be paid in advance and is not refundable.
NUANS Search: If the preliminary search of the Registry database
of business names in use in Nova Scotia does not reveal a potential conflict,
the applicant then submits a formal "Business Name Reservation Request",
along with one name and the required fee (the fee is good for
only 1 name search). This can be done over the phone if the caller has
a Visa, MasterCard or American Express. If applying in person, the applicant can pay by
cash, cheque, money order, Visa, MasterCard or American Express or debit.
The proposed name is then forwarded for the detailed NUANS search. This
usually takes 3 business days.
Federal Search: If you intend to use your business name outside
of the Atlantic provinces, NUANS also offers an option of searching all
of Canada for potential conflicts. This is called a "Federal"
search, and also usually takes 2 business days.
It is your responsibility as the applicant to contact the Registry (or
Access Nova Scotia) to get the results of that search.
The decision of the NUANS staff conducting the search is usually final.
If, in their opinion, the use of the proposed name would create a conflict,
that name will not be registered for use in Nova Scotia by the Registry.
However, if an applicant disagrees with a NUANS decision, they may write
to the Registrar of Joint Stock Companies explaining why they think the
name should be allowed.
The proposed business name will be reserved for 90 days (only)
if, once it has been searched, there is no conflict in use. During this
90 days, the applicant can proceed with Business
Name Registration. After 90 days, the reservation expires and the
applicant will have to repeat the application procedure, including paying
another fee.
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