Important Information For Those Needing an New Brunswick Nuans Name Search Report

Written by Holly Crosgrey

Sunday, 16 May 2010 09:08

by HollyCrosgrey

The report that is generated from the Canadian Nuans name search system is called a New Brunswick Nuans name search report. This program's purpose is to compare a proposed corporation name to all of the names in its database which are the names of all companies registered as of that date in all provinces and territories Canada with a few exceptions.

You must obtain an New Brunswick Name Search for the proposed name you intend to use for your New Brunswick company at the time you incorporate in the province of New Brunswick. The New Brunswick Nuans name search report allows the New Brunswick government to determine whether your name is available prior to granting you the right to incorporate your company.

You will also be required to provide a New Brunswick Nuans report when you are registering a business name on behalf of a New Brunswick company (already registered), a New Brunswick partnership and when registering a New Brunswick sole proprietorship. You should realize that the New Brunswick government takes great care in ensuring that a proposed name is quite different from other names registered and it is important that you chose a name that is very different from others already registered anywhere in Canada. It is advisable to perform a preliminary name search before ordering your New Brunswck Nuans name search report. A preliminary name search will give you an idea whether the name has been taken or is in use by another company or person and what competition you have for the name. It would not be a good idea to just order a New Brunswick name search without checking to see if the name is available because once the search is ordered there is a cost. If the New Brunswick Nuans report shows a conflict it will be too late and you will need to order another search after you pick another business name. To avoid this cost you perform a preliminary name search. The New Brunswick government compares not only the names already registered in New Brunswick but names that have been registered right across Canada.

Prior to obtaining your New Brunswick Nuans report you must first ascertain whether the name that you wish to use is available. This is done by having a search house perform a preliminary name search. The normal practice is for the search house to perform the preliminary name search as part of the service when ordering a full New Brunswick Nuans name search report. Watch out for companies that charge a separate fee for the preliminary name search when ordering a full report. The only time you should pay for a preliminary name search is in a case where you do not want to order a full search would be in a case where you are registering a trade name and a Nuans is not required. New Brunswick requires all registrations, i.e. incorporations, business name registrations, sole proprietorship registrations and partnership registrations to be accompanied by a New Brunswicks Nuans name search report. Look for a service that will perform the preliminary name search as part of the cost of ordering your New Brunswick Nuans report.

You must have a legal element for the proposed name (explained below) but for registrations such as New Brunswick partnerships or New Brunswick trade names the legal element is not required or even allowed.

Below is an explanation of how to pick a name for a corporation however the principles can be applied to business names with the exception of the legal element.

When deciding on a name for your corporation, you should consider three aspects of the name: (1) the Distinctive Element of the name (2) the Descriptive Element on the name, and (3) the Legal Element of the name. If the name you would like to register is "Gandhi Carpentry Inc. , the distinctive element is the word "Gandhi", which is distinctive because it is a last name of a person. Another example of a distinctive element in a corporate name might be "Grandville" as in "Grandville Garden Supplies Ltd." which is distinctive because it describes a location. "Starlight Contracting Services Corp." has the distinctive word "Starlight" in it to make it stand out from other contracting service companies.

The descriptive element describes the type of business. In "Capital Mining Inc.", the descriptive element is "Mining" which describes the nature of business of the corporation. In "Pickering Legal Services Ltd." the descriptive element is "Legal Services" which describes the type of services this business provides. "Building Supplies" is the descriptive element for "Mack Building Supplies Corp.".

The Legal Element of Union Dental Services Corp. is the word "Corp." which is a mandatory ending which recognizes the name as the name of a company. In Canada you can have the following endings for your company name: "Inc.", "Incorporated", "Ltd.", "Limited", "Corp.", "Corporation" and the French equivalents of "Ltee." "Limitee", "Inc." (same in English and French) or "Incorporee", The Legal Element distinguishes your name as a company that issues shares rather than a business name or sole proprietorship which would not have a legal element.

As indicated, the New Brunswick company is very particular about name granting. You must order your Nuans report from a search house. When the search house checks your name (NB: if a search house does not perform a preliminary name search for your name you must request this) if it takes the effort to ensure your New Brunswick name is available you will have a better chance of having your name accepted. Even then, it may still not be accepted. The government has its own internal policies and different examiners have different ideas about what is an acceptable name. You could still need to order another search if your name is rejected. If the search house has made efforts to check your name then it would not be the fault of the search house if the name is rejected. Not all names will show up on a preliminary name search report. If you happen to get a difficult examiner you could still have your name rejected.

About the Author:

Resources for Canadian Business Owners provides unlimited preliminary name searchs as a free service when purchasing a New Brunswick Name Search Report and can assist with Business Name Registrations.

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Last Updated on Monday, 17 May 2010 10:00