Guide to Reserving a Name - Nova Scotia

Guide to Reserving a Name

Registry of Joint Stocks Companies Service Nova Scotia

Registry of Joint Stock Companies

Guide to Reserving a Name

Introduction to the Name Reservation Process

Reserving a name for your business is the first step in registering a business in Nova Scotia. The Registry of Joint Stock Companies must assess the name of your business and approve it for use before you can register and begin operating your business.

This guide will help you understand how the name reservation process works.

Important note: You aren't allowed to use your name until the Registry of Joint Stock Companies has approved it. In other words, don't order business cards or signage in advance.

Step 1: Consider a name for your business

The name of your business must be unique and should describe the products and services you provide.

When considering a name, follow the rules in the Guide to Choosing a Name. The Registry may not approve your name if it doesn't follow the rules outlined in the guide.

Step 2: Check that your name is unique

The name of your business must be different enough from all other names so it doesn't confuse or mislead people. It must be different from all other names in Nova Scotia and New Brunswick, as well as federally incorporated companies and registered trademarks.

Businesses formed in New Brunswick don't have to register in Nova Scotia, and vice versa. This is why the Registry searches your name in other Atlantic provinces, and has to consider names registered in New Brunswick. Before submitting your proposed business name for approval, you should do a

Before submitting your proposed name to the Registry for approval, you should do a preliminary search to see if there are any conflicts with existing registrations.

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Registry of Joint Stock Companies

Guide to Reserving a Name

Online: You can conduct your own preliminary search using the Reserve Your Name and Register Your Business service, under `Step 3 - Check that your name is unique' on Nova Scotia's online service. There is no fee for this search.

Phone or in person: You can request a preliminary search over the phone or in person at the Registry of Joint Stock Companies Head Office or at an Access Centre. There is no fee for this search.

Doing your own preliminary search will increase the chances of getting your name approved, but it does not guarantee it. The Registry will still need to do a thorough search for your name and make sure it follows name guidelines before approving it for use.

Step 3: Submit name reservation request

Step 3.1: Submit your proposed name

If you have found no conflicts with your proposed name, submit a name reservation request and the required fee. The Registry will then review your proposed name and determine whether it is approved for your use.

Online: You can submit your name reservation request using Nova Scotia's online service. Payment options include Visa, MasterCard, American Express or Interac Online.

Phone: You can call in your name reservation request over the phone. Payment options include Visa, MasterCard or American Express.

In person: You can complete the Name Reservation Request form and submit it in person at the Registry of Joint Stock Companies Head Office or an Access Centre. Payment options include cash, debit, cheque, money order, Visa, MasterCard or American Express. Cheques and money orders can be made payable to Minister of Finance.

Mail: You can complete the Name Reservation Request form and submit it to: Nova Scotia Registry of Joint Stock Companies PO Box 1529 Halifax, NS B3J 2Y4

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Registry of Joint Stock Companies

Guide to Reserving a Name

Payment options include cheque, money order, Visa, MasterCard or American Express. Cheques and money orders can be made payable to Minister of Finance.

Step 3.2: Wait for the Registry to review your proposed name

The Registry uses NUANS search results to check that your proposed name is not too similar to names already registered in Nova Scotia and New Brunswick, as well as federally incorporated companies and trademarks.

The Registry will review the NUANS search results and check that your proposed name meets the name reservation guidelines. They will then determine whether your name is approved for your use. This typically takes two business days.

The decision of the Registry staff is usually final. If you disagree with the Registry's decision, you can appeal to the Registrar of Joint Stock Companies in writing and explain why you think the name should be allowed.

Step 3.3: Receive and review your response

The Registry will mail you their decision and your NUANS search results within two business days of receiving your name reservation request.

The decision will indicate whether your name is approved, approved with conditions or not available.

Approved with conditions means your requested name is available, but you need to meet the conditions outlined in the decision you receive from the Registry.

Some examples of `approved with conditions' include:

? Available with consent: This means your requested name is available, but we need a letter of consent from the organizations listed.

? Consent from Medical Board: This means your requested name is available, but we need a letter of consent from the College of Physicians & Surgeons

? On behalf of a corporation: This means your requested name is available, but must be registered on behalf of the corporation with similar name.

Some examples of reasons why your proposed name may not be available include:

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Registry of Joint Stock Companies

Guide to Reserving a Name

? Not distinctive: The name requires a distinctive, non-descriptive first word or phrase such as a person's name, initials or geographic location (for example, Smith Electrical Ltd.).

? Not descriptive: The name requires a descriptive element, such as the industry or services provided (for example, Smith Electrical Ltd.).

? Conflict: Indicates which existing names conflict with your request.

Step 4: Register your business

Once your name is approved, you have 90 days to register your business. If you don't register within 90 days, you will have to repeat the name reservation request process, including paying another fee.

The registration process and registration fees will vary depending on the legal structure you choose. Review the Choose a Legal Structure page on Registry of Joint Stock Companies website to learn more.

If you are registering a sole proprietorship or partnership, the registration fee is $68.55 and you can:

? complete your business registration online using the Reserve Your Name and Register Your Business service on Nova Scotia's online service.

? visit an Access Nova Scotia Centre in person ? or send the form with payment by mail

Help is available

Find out more about the name reservation process

Online: Nova Scotia's online service Phone: 902-424-7770 or toll-free (within Canada) 1-800-225-8227 Email: rjsc@novascotia.ca In person: Visit an Access Centre or our Head Office

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