How to Obtain a Certificate of Status for an Ontario Company
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.