Incorporation is a process that results in the creation of a legal entity in Alberta. One or more persons may incorporate under the Alberta Business Corporations Act by providing certain information that complies with Section 7 of the Act.

Trade Name

Trade names are registered under the Partnership Act when an individual or corporate entity (without partners) carries on the business of trading, manufacturing, contracting or mining in Alberta, under a name other than their personal or legal name. Often this is called a sole proprietorship.

The primary purpose of trade name registration is to provide a method for the public to determine which individuals or corporations are carrying on business under a particular name. A corporation does not have to register a trade name, unless it uses a name that differs from its legal name.

While nothing in the Partnership Act prohibits a minor from registering a trade name, it should be noted that a contract involving a minor, including a minor operating under a trade name, may not be enforceable. Minors wishing to register a trade name should be advised to seek legal advice.

Partnership

Partnerships are registered under the Partnership Act of Alberta when two or more individuals, corporate bodies, or firms that consist of individual and/or corporate persons carry on the business of trading, manufacturing, contracting, or mining. Partnerships are defined as the relationship that exists between persons carrying on business in common with a view to profit.

An individual corporation is not considered to be a partnership, within the meaning of the Partnership Act.