Can I incorporate before I have a business name?

How do I incorporate without a name?

Ask for a number name. Both the Ontario and federal systems will assign one, and section 11 of the CBCA requires Corporations Canada to do so on request. The result is a numbered company, a full corporation that can open a bank account, sign contracts, issue shares and hire.

Because there’s no word name, you skip the name search (for an Ontario company, buying a NUANS report) and the risk of the name being refused.

Why would I wait on the name?

Because the right time to choose a brand is after you’ve checked it. A business name that’s already someone else’s trademark can force a rebrand later, after you’ve built a website, app store listing and customer base around it. Neither a corporate name nor a business name registration protects you against an earlier trademark owner. See trademarking your app or SaaS name in Canada.

Incorporating first and naming second lets you start the legal clock on the company, issue founder shares and sign IP assignments now, while the name gets proper diligence.

What do I do once I’ve picked a name?

You have two routes:

	Register a business name	Change the legal name
What changes	You operate under the brand; legal name stays a number	The corporation’s own name becomes the brand
Filing	Ontario business name registration	Articles of amendment; Ontario also needs a NUANS report
Ontario government fee	$60, lasts five years	$150
Federal government fee	Ontario registration if operating in Ontario	$200 online

Fees are from Ontario’s service standards and fees page and Corporations Canada’s fees page, and can change. Changing the legal name is approved by the shareholders by special resolution under section 173 of the CBCA or the equivalent Ontario provision. The corporation keeps its number, contracts and tax accounts.

Ontario’s Business Names Act requires a corporation to register any name it uses with the public other than its legal name. See business name registration.

Is there any downside to starting with a number?

A few practical ones. Customers see the number on contracts and invoices unless you register a business name. Some founders find it awkward when opening accounts. And changing the name later means updating your bank, CRA records, contracts and website footer. None of these is a legal problem, just admin.

If you already know the name and it’s cleared, incorporating with it from the start saves a later filing.

Can I reserve a name while I decide?

A NUANS report is only usable for a limited time; for an Ontario filing it can’t be more than 90 days old. That’s not a reservation of the name for you, and someone else can still use it. Federally, section 11(1) of the CBCA lets Corporations Canada reserve a name for a set period, but that only affects corporate names. A trademark application is the step that builds rights in a brand.

Our incorporation fee starts at $600, and our trademark search and filing starts at $920. See fees.

This guide is general information about Ontario and Canadian law, not legal advice for your situation. To talk through naming and incorporating, book a free 15-minute consult.