by Garnet Brooks, Lawyer, Wickwire Holm

With an increase in Aboriginal entrepreneurship in Canada, it is increasingly important for entrepreneurs to become aware of some of the basic legal concepts that concern them and their businesses. There are legal consequences to owning and operating any business. There are also unique considerations that are particular to being a status Indian entrepreneur in Canada. Garnet Brooks is a business lawyer, an experienced entrepreneur and Aboriginal. He practises law with a focus on providing legal services and advice to business and entrepreneur clients at Wickwire Holm, in Halifax. Garnet writes “Entrepreneur Law” articles in order to discuss, and bring about an increased awareness of some of the important legal issues entrepreneurs encounter as they venture into the world of business.

This article will discuss the importance of business name and corporate registration, and how to avoid legal pitfalls of failing to register or renew each.

In a previous article on sole proprietorship, I described that there are consequences to operating a business under an unregistered business name. An example of this is illustrated in a Nova Scotia Small Claims Court decision by Adjudicator Eric Slone in Cole v. Mark Lively Welding Ltd., 2012 NSSM 23.

In this case, the Claimants, Stephen Cole, and a so called “White Star ICI Plastics Management”, sued the Defendant company, Mark Lively Welding Ltd., for damages they alleged were done to a truck while in the Defe ...

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