What is Alberta Extra Provincial Registration?
Extra Provincial Registration is a mandatory procedure for corporations that are incorporated in a jurisdiction outside of Alberta but wish to conduct business within the province. This process ensures that your business complies with Alberta’s legal requirements and is recognized as a legitimate entity in the province.
Deciding Whether to Incorporate or Register Your Business in Alberta
If your corporation or business incorporated federally or in another province of Canada or outside Canada, and you want to carry your business in Alberta then you have two choices: Either you have to incorporate a new business/corporation or register your existing corporation extra provincially in Alberta. Most of the companied choose to register extra provincially because it is easy to maintain.
That’s why It’s important to understand the requirements and implications of each option to make an informed choice that aligns with your business goals and legal obligations.
Register your incorporation to carry on business in Alberta.
According to the Alberta Business Corporations Act, Section 279, requires an “extra-provincial corporation” must register or incorporate in Alberta within 30 days of commencing carrying on business in Alberta. An extra-provincial corporation is deemed to be “carrying on business” in Alberta if (see section 277):
Telephone Directory Listing: The company’s name, or any name under which it operates, appears in a telephone directory in Alberta.
Advertising with an Alberta Address: The company advertises services with an Alberta address for the extra-provincial corporation.
Physical Presence in Alberta: The company has a resident agent, representative, warehouse, office, or any physical place of business in Alberta.
Solicitation of Business: The company actively solicits business within Alberta.
Land Ownership or Interest: The company owns an estate or has an interest in land located in Alberta.
Licensing under Alberta Law: The company is licensed or registered, or required to be licensed or registered, under any Alberta Act that allows it to carry on business.
Motor Vehicle Registration: The company holds a certificate of registration under the Alberta Motor Vehicle Administration Act for a public vehicle, as defined in the Alberta Motor Transport Act, except if it does not pick up or deliver goods or passengers in Alberta.
Motor Transport Board Certificate: The company possesses a certificate issued by the Alberta Motor Transport Board, again excluding companies that do not pick up or deliver goods or passengers within Alberta.
General Business Activities: The company engages in other forms of business activities in Alberta.
Benefits of Registering in Alberta Extra provincial Registration
Registering your business as an extra-provincial corporation in Alberta comes with numerous advantages:
Access to a Thriving Market: Alberta’s robust economy offers a fertile ground for businesses to grow and prosper.
Legal Compliance: Registration ensures that your business operates within the legal framework of Alberta, avoiding any potential legal issues.
Enhanced Credibility: Being registered in Alberta enhances your corporation’s credibility among customers and business partners.
Process of Alberta Extra-Provincial Registration
Following steps to follow to register an Alberta Extra provincial Registration:
Obtain an Alberta Name Reservation Report:
Before proceeding to register your Extra provincial Registration in Alberta you must keep in mind the following two requirements:
Registering Your Out-of-Province Business in Alberta Using Your Home Jurisdiction’s Corporate Name
Before you can set up your out-of-province business in Alberta, it’s important to check if your current company name is free to use there. To do this, you need to get a NUANS Report, also known as an Alberta Name Reservation Report.
This NUANS Report, which helps you see if your company name is already taken in Alberta, should be no more than 90 days. However, this step isn’t necessary for corporations that are registered federally in Canada.
What to Do If Your Name is Already Taken
Sometimes, your existing company name might not be available in Alberta, or it might be too similar to a name that’s already in use, as shown in the NUANS Report. In such cases, your business can register in Alberta under a different, assumed name. For this, you might need to do a second NUANS Report for this new assumed name. RegiCorp can assist you with this.
Also, if your business in your home jurisdiction is known by a number (like a numbered company: 123456789 Ontario Ltd.), you might be able to use this same number as your company “name” in Alberta.
Appoint an agent for service in Alberta.
Appointing an agent for service in Alberta means selecting a representative within the province who will be responsible for receiving legal and official documents on behalf of your company. This agent acts as your company’s local contact and is essential for ensuring compliance with Alberta’s legal requirements, particularly for businesses not physically based in Alberta.
Providing Original incorporated supporting documents
It refers to the process of collecting all the necessary paperwork and information required to complete a specific task or application.
These documents include one the following:
- Certificate of Incorporation (or Amalgamation/Merger/Continuance)
- Articles of Incorporation
- Amendments filed (if any) since the formation of the Corporation together
with any issued Certificate
- Certificate / Notice of Good Standing
Chartered Documents from outside Canada Home Jurisdiction:
If your corporation was formed outside of Canada and the charter is not written in English, you will need an English translation of the documents, certified by a company official or notary public or government official.
- Certificate of Incorporation (or Amalgamation/Merger/Continuance)
- Articles of Incorporation
- Amendments filed (if any) since the formation of the Corporation together
with any issued Certificate
- Certificate / Notice of Good Standing (proof of current corporation status in your home registration)
Fill out the specific government prescribed forms.
- Statement of Registration
- Notice of Attorney
- Alberta name reservation Report, or Notices of assumed name.
But in our RegiCorp website you only need to our web form and rest of them will do our Alberta Corporate specialist or agent
Submit your application package.
In this step you will need to submit you application with the following documents then we will start to proceed your application for Extra provincial Registration in Alberta. You need the following documents along with your submission: charter documents, NUANS report, valid Photo ID, and fee payment.
New West Partnership Trade Agreement (NWPTA)
The NWPTA is a pivotal economic agreement between Alberta, British Columbia, Manitoba, and Saskatchewan. It aims to create a single, harmonious economic region across these provinces, facilitating easier business operations. Under NWPTA:
Streamlined Registration: Businesses from member provinces enjoy a streamlined registration process in Alberta.
Reduced Barriers: The agreement significantly reduces trade barriers, making it easier for companies to expand their operations across provincial borders.
Economic Opportunities: NWPTA opens up a host of new economic opportunities, with easier access to a broader market.
Registering a BC company Extra Provincially in Alberta:
Registering your British Columbia (BC) company in Alberta involves a few key steps:
Check Name Availability: Ensure that your BC company’s name is available for use in Alberta. This may involve conducting a NUANS (Newly Upgraded Automated Name Search) report to check for any similar business names in Alberta.
Appoint an Alberta Agent: Designate a representative in Alberta who will handle official correspondence and fulfill the legal requirement of having a local contact.
Gather Necessary Documents: Prepare documents such as your BC company’s certificate of incorporation and any other required paperwork.
Submit the Application: Complete the application form for registering an extra-provincial corporation in Alberta and submit it along with the necessary documents and the NUANS report.
Pay the Required Fee: There will be a fee for registering your BC company in Alberta. Ensure that this fee is paid as part of the application process.
Wait for Approval: After submission, wait for the Alberta Corporate Registries to process and approve your application.
Once these steps are completed, your BC company will be registered to operate in Alberta.
Alberta Extra Provincial Registration Fees:
These fees can vary based on the service provider or law firm handling the registration process. Regicorp is known for offering these services at a lower cost compared to other providers or law firms, making it a cost-effective option for businesses seeking extra-provincial registration.