Thinking about expanding your business into British Columbia? If you already have an established corporation in another Canadian province*, and are thinking about expanding your operations into BC, then this article will help you understand the steps to register your corporation as an Extra-Provincial corporation in British Columbia.
*This article is not meant for Alberta or Saskatchewan corporations. Corporations from those provinces follow a different process, as they are a part of the New West Partnership Trade Agreement (NWPTA). This article is also not meant for corporations formed outside of Canada.
What is an Extra-Provincial Corporation?
An Extra-Provincial corporation is a corporation that is located in one jurisdiction, but carries on business in another jurisdiction. In the jurisdictions outside of their home jurisdiction they are considered an Extra-Provincial corporation and need to abide by the rules and regulations of those jurisdictions on top of their home jurisdiction. You can read more about what Extra-Provincial registration means here.
How to Register your Business as an Extra-Provincial Corporation in British Columbia
The first step is to have your corporation’s existing name approved by BC Registries. If they do not approve of the name, or if there is already an existing corporation with the same name in British Columbia, then you will need to come up with an assumed name for your corporation to do business in BC.
The time it takes for the BC government to approve of a company name can vary from day to day. Sometimes, it can take up to 30 days or longer to get your Name Request results back. If you are in a rush to have your name results, then you have the option to pay an additional $100 in government fees to request priority service. These results typically come back in one to two business days.
If your company is a federal corporation, then you do NOT need to obtain name approval from BC Registries. This is because Federal corporations have nationwide name protection—which is one of the advantages of forming a federal corporation. Federal corporations can skip this step if they are registering as an Extra-Provincial corporation in British Columbia.
I got my company’s name approved—now what?
Once the name has been approved by BC Registries, and you have a Name Reservation Number from them, the company can then begin the application process. The form that needs to be filled out is called the “Statement of Extra-Provincial Registration” form. The information needed to fill out this form is as follows:
- Information on the Reserved Name: You will be required to provide your corporation’s full legal name in its home jurisdiction as well as the BC Reservation Number that you would have received with your Name Approval from BC Registries. If your company’s name was not available, then you will need to provide your company’s assumed name and BC Registries name reservation number. Lastly, as mentioned, if your company is a Federal corporation, you just need to provide its full legal name—no reservation number required.
- Information on the Company in its Home Jurisdiction: You will need to provide:
- The corporation number assigned to your company in its home jurisdiction;
- The full legal name of the corporation in its home jurisdiction;
- Date the company was formed or amalgamated/continued;
- The name of the company’s home jurisdiction.
- Head Office Address: You will need to provide the corporation’s head office address in its home jurisdiction. If the company is a federal corporation, the address may or may not be within British Columbia, depending on your circumstance.
- Attorney(s) for Service: If the corporation’s head office address is not in British Columbia, it must appoint at least one Attorney for Service (“Attorney”). The Attorney needs to be an individual that resides in British Columbia or a British Columbia company. The address for the Attorney needs to be an address that the Attorney can be reached at between the hours of 9am and 4pm on business days. The address can not be a post office box. Some companies can be hired for this service, or often, people have a relationship with someone within British Columbia that they use as an Attorney. The Attorney must give written consent to act as an Attorney for the company.
- CRA Business Number: The corporation must provide their CRA Business Number, as this is used as an identification number with the government of British Columbia. The CRA business number is a nine digit number that can be found on most documents received by the CRA. The nine digit number is followed by RC 0001. If the corporation for some reason does not have a Business Number, it can provide the name of a director. If this path is chosen, then the BC Government will request a Business Number on the corporation’s behalf. This should only be done if the corporation does not have a business number. Most corporations will automatically be assigned a CRA business number when they are formed, so it’s best to first call the CRA to check if your corporation has one, if you aren’t sure, as all corporations within Canada should have a CRA business number.
How much will this registration cost?
The cost of registering your company as an Extra-Provincial corporation in British Columbia will vary depending on if you choose to do it yourself or seek assistance from a third party service provider. It will also depend on if you choose to pay extra for a rushed name request. Below are the government fees for registering a company as an Extra-Provincial corporation in British Columbia:
- Name Reservation:
- $30 for standard wait time (which varies, but can take weeks)
- $130 for priority service (results typically are received within two business days)
- Registration
- $350 to submit a Statement of Registration form and become an Extra-Provincial BC company
What if I have a Federal corporation, but we are located in British Columbia? Do we need to be registered in British Columbia, as well?
Yes. All Federal corporations need to be registered as an Extra-Provincial corporation in whichever province or territory that their head officer is located. This means that if your registered office is in British Columbia, and you form a federal corporation, you must also register that corporation to carry on business in British Columbia as an Extra-Provincial corporation.
A Federal Corporation cannot just change its head office location to a new province. If a federal corporation’s registered office is currently located in Ontario, but they want to switch to have its head office in BC, they will first need to file Articles of Amendment with Corporations Canada to change the province or territory that its head office is located in—and there are also some internal requirements that need to take place for this type of event, as well.
We hope this article gave you a better understanding of how to register a Canadian corporation as an Extra-Provincial corporation in British Columbia. Still have questions? Please don’t hesitate to contact us.
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Resources:
https://www.corporateonline.gov.bc.ca/WebHelp/overview_xp.htm