Legal Considerations

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    Mark Nasmith


    This question revolves around lawyers and laws applicable to small-business. My situation is: home-based, no-employees, no-HST number, sole-proprietorship, not yet registered.

    Do I need a lawyer for anything?
    a) Disclaimer or User Agreement: I believe this is a requirement for me as I will be making recommendations, but I have some examples from others;
    b) Registration: Can be done on-line through provincial portals;
    c) Business name/registration search: Is Google sufficient?
    d) Trademark: what exactly? Name? Logo?, and/or
    e) Other?

    Or, in other words, if I want to commit to having an ‘official business’ by the end of the week, what MUST I do regarding the law?



    Richard McNish

    Well I can tell you that we have never used a lawyer for anything as of yet. We did everything online and we are federally incorporated with a base office in Ontario. The name search cost $13 online when we did it ( that gave us the name federally however it isn’t trademarked. You can register everything online and it’s pretty simple, especially for a sole-proprietor. My advice is acquire a HST number, yes the returns are a pain however you can then claim all HST you spend on the business and get it back at the end of the year. Yes you will have to charge it as well but depending on what you plan on doing you can recover a lot of money for yourself (think of your home expenses that have HST on them, gas for your car, materials, products etc)

    My 2 cents

    Mark Nasmith


    Thank-you. I’d heard similar advice regarding HST, so I’ll have to look into that. I’ll also check the link as well. Good info!


    Judy Evans


    Let me ask a few questions.

    1. If you were to purchase a product or service and did not know that there is a rule that small businesses don’t need to charge GST/HST until they sell $30,000 in a year, and the business told you there are no taxes. What are your first thoughts? Would you question the legitamacy of the business? If so, not charging these taxes can become a negative marketing strategy and hugely impact your business. Remember, we are used to paying these taxes.

    2. I have a corporation and have had for many years. Like Rick, I have not used a lawyer for any of the process. Consider a lawyer for legal contracts such as leases, bank loans, etc. where you may struggle with totally understanding the terms and conditions.

    Do your research and be informed, it can save you tons of money.


    Kyle Domes


    I have used for a few contracts and terms of service agreements. This is like a DIY way to get some basic things accomplished.


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