The Partnership Act (Alberta) governs the registration of Alberta trade names which are also considered to be the same as Alberta sole proprietorships.
The statute says that each person who: (1) is engaged in business for trading, manufacturing, contracting or mining purposes; and (2) is not associated in partnership with any other person or persons and uses as the person’s business name some name or designation other than the person’s own, or the person’s own name with the addition of “and company” or some other word or phrase indicating a plurality of members in a firm; shall file with the Alberta Registrar a declaration in writing of the fact. If you are doing an Alberta Registration it would be a good idea to review the Partnership Act online before you register your sole proprietorship.
In other words, if a person is carrying on business under a name other than his or her own name, you must register a Declaration of Trade Name in order to be in compliance with the laws of Alberta. The Alberta registration must be registered within six months of carrying on business.
An Alberta Nuans name search report is not required when registering an Alberta sole proprietorship. The Alberta Partnership Act has no requirement for an Alberta trade name/Alberta sole proprietorship to be different than other Alberta registrations. You are allowed to register the exact same name as another sole proprietorship already registered with the Alberta government. Should you register a name that is the same as another name already registered? Absolutely not, unless you are connected in some way to that other registration or have written permission to register the name.
A preliminary name search should be done to ensure your name is available and a search house can do this for you for a small fee. Many search houses will clear your name in advance for free if you chose their service when registering your Alberta trade name.
An individual can conduct business as a sole proprietorship by using his or her name and not registering an actual Alberta trade name. In fact the Alberta government will not allow you to register a sole proprietorship under your personal name. In some cases though it might be advantageous to have an Alberta registration in place such as when a corporate client wishes the sole proprietorship to acknowledge he or she has a valid business registration in place or in some cases where ancillary licenses are required for the company and a Alberta registration document must be shown. The federal government does not care if you have a Alberta sole proprietorship registration in place in order to issue you a federal Business Number. The federal business number is connected to the individual rather than the Alberta trade name registration.
It will not be possible for you to register your Alberta sole proprietorship by doing on your own. You must use a service provider to assist you. If you chose the right service provider it will do a preliminary name search on your name for free before they register your name and will ensure it is available and clear right across Canada.
To terminate an Alberta trade name registration a form must be filed called a Declaration of Ceasing to Carry on Business under a Trade Name.
Alberta Sole Proprietorships are perpetual. This means they will stay in place until you dissolve the registration.
Resources for Canadian Business Owners can assist you with your Alberta Trade Name and Alberta Corporate Search or Preliminary Name Search