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Posts Tagged ‘legal advice’

How to Obtain a Certificate of Status for an Ontario Company

January 31st, 2010 No comments

The Ontario Companies Branch of the Ministry of Government Services issues Certificates of Status for companies incorporated in Ontario. A Certificate of Status, Certificate of Good Standing or a Certificate of Compliance are different names for the same thing and the name depends on the province or territory in which you request it. Any company in the World can obtain a Certificate of Good Standing from its country, province or territory of origin.

There will be times when a company must prove to an institution of some sort that it is in good standing pursuant to the requirements under the Ontario statutes. A Certificate of Status provides this confirmation.

If you obtain an Ontario Certificate of Status it will show the following: (a) the current name of the corporation; (b) the number assigned to the corporation by the government called the Ontario Corporation Number; and (b) whether or not the corporation is in good standing.

All Ontario companies have to file a federal tax return within six months of the financial year end of the company in each year. If returns are not filed the tax department will request the Ontario Companies Branch to dissolve the company. If a Certificate of Status is ordered for a dissolved company it will not be clear.

Ontario companies must file Ontario annual returns each year and if those returns are not filed for a number of years the company will be dissolved. You will not receive a favourable Certificate of Status if a company has been dissolved for non-filing of Ontario annual returns.

When an Ontario Certificate of Status is issued for a corporation and the certificate shows that the company is not in good standing because of some filing it has not made, money is not refunded. It will be necessary for that corporation to update its filings before it can receive a Certificate of Status which indicates the corporation is in good standing. These certificates are costly because the government charges more to certify any kind of document. The corporation will then have to ensure all of its filings are up-to-date in order to obtain the Certificate of Status it needs. It is a good idea to know before the Ontario Certificate of Status is ordered whether the corporation has done all of its annual return filings. If the corporation has not filed all of its federal tax returns it can still obtain an Ontario Certificate of Status just as long as too many years have not gone by and the corporation has then been dissolved.

A Certificate of Status is not an Ontario corporate search. If you are trying to determine information about an Ontario company you should have an Ontario Corporate Profile search done rather than ordering a Certificate of Status.

If your corporation is selling or buying property, is entering into a major contract, wants to register a car against the corporation, a Certificate of Status might be requested by the law firm, by the government or the bank involved. Any corporation might be asked for confirmation that it has made its proper filings and be requested to provide a Certificate of Status.

Resources for Canadian Business Owners provides information about Certificates of Compliance and other legal products including Ontario Company Searches.

3 Things People Think About Estate Planning That Are Not True

January 25th, 2010 No comments

Frequently, people have misconceptions about North Carolina estate planning and what it entails. You should be building your estate plan with the best interests of your family in mind. Sound legal advice should guide you with regards to the estate plan that is best for you, not myths and misunderstandings.

I’ve listed 3 of the most common myths about North Carolina Estate planning below.

1. A will is unnecessary – The consequence of not having a will in place is that the state will decide how your property is handled. North Carolina will share property between children or parents. The state will also decide such things as guardians for children that are minors. The best course of action is make these decisions ahead of time so that your wishes are followed through.

2. If I have a will than I will not need to go through probate proceedings – A will does not guarantee that you will not go through the probate process. What a will does is to serve as an order to the court to supervise your estate distribution. The probate process facilitates this. There are other ways of avoiding probate including a living trust. The best thing to do is discuss your wishes and options with an estate planning attorney.

3. I’m not going anywhere for awhile, all this stuff can wait – We never know what life is going to bring our way. It’s better to be prepared and plan for the benefit of your family and loved ones. In difficult times, you don’t want your thoughts to be consumed with worrying about what happens to your family. It’s best to speak with a North Carolina estate planning attorney to address these issues sooner rather than later.

Take the initiative to address your estate plan with a North Carolina estate planning attorney. Getting your affairs in order is a loving thing to do for both yourself and your family.

North Carolina estate planning attorney, Sabrina Winters, will change your concept of Estate Planning as the need to merely “create it and forget it”. Although the documents are important and necessary, building lifetime relationships with our clients are as important to our Firm. Discuss your estate plan with a North Carolina estate planning attorney who has your interests in mind.

Online Legal Forms are Sure to Save You Time and Money

January 3rd, 2010 No comments

While there are definitely times when the situation is such you need to hire a lawyer, many legal matters are routine. It is terrifically annoying to feel as though you have go to the cost and bother of hiring legal counsel for a simple legal issue. Although attorneys would have you believe that every legal procedure requires their help, the fact is that you often don’t need a lawyer – you only need the right legal forms.

If you have not been to law school, you will have no way to know what constitutes acceptable or unsuitable legal language. And goodness knows, “legalese” is a language unto itself! If you were to try and draft your own legal forms, you would right away run into a roadblock. Of course, if you can download legal forms for routine matters, you can save both time and money, whilst making sure that you have covered your bases in the eyes of the law. Luckily, the Web offers abounding chances for avoiding the expense of hiring an attorney by providing you resources you must do it yourself.

The truth is, attorneys use template legal forms themselves. When you download legal forms, you are essentially just cutting out the middleman. Canadian legal forms are reasonably homogenized, so there is no reason not to take advantage of web legal forms.

So, what kinds of legal forms might help you out? You can easily use a legal form to line up a power of lawyer, as an example, and not need to hire a barrister. Likewise, you can use online legal forms to cope with a number of personal matters, for example making your Last Will and Testament, making a Living Will, selling your vehicle, entering into an employment contract, or signing an affidavit.

Online legal forms are also beneficial for matters concerning property. You can obtain a lease, a rental application form, a rent receipt, a promissory note, a mortgage presumption agreement, a contract for the sale and acquisition of property, an agreement for authorization to rent, and many more.

Likewise, if you are a business owner, you can save an extreme amount of money in legal fees by using business legal forms. You can even find work agreements and business expert agreements.

While online legal forms can not look after each single legal matter, they can certainly allow you to handle those that are routine. In addition to being inexpensive, online legal documents give you the suppleness you need to instantly obtain the legal form you require.

The author frequently advises on a variety of subjects dealing with legal issues. He invites you to visit his own web site for more helpful information about law forms and other related subjects.