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We've assisted businesses in virtually every stage of development.
Although each unique case requires a one-on-one consultation, we've
compiled a list of frequently asked questions below.
What is a trademark?
Trademark registration gives one entity exclusive rights to words,
symbols and designs, or combinations of these. Registration protects
the sole use of trademarks within Canada renewable in 15-year
increments. The Canadian Trade-Marks Act defines a trademark as "a mark
that is used by a person for the purpose of distinguishing or so as to
distinguish wares or services manufactured, sold, leased, hired or
performed by him from those manufactured, sold, leased, hired or
performed by others."
What are the benefits of Incorporation?
The main advantages to Incorporation are shareholder liability
limitation and reduced tax requirements for Canadian controlled private
corporations. In Ontario, a Canadian controlled private corporation is
taxed at half the rate of non-Canadian businesses on the first $200,000
of income. This is substantially below the personal tax rate sole
proprietors pay. To discuss the pros and cons of incorporation for your
business, please contact our legal counsel.
What is necessary to establish a sole proprietorship?
A sole proprietorship exists when any individual conducts business
under either a business or personal name. Sole Proprietorships registry
is required with the Ministry of Consumer and Commercial Relations. The
business owner is personally responsible for all business liabilities
including those incurred by employees. Tax implications vary from
business to business. Please discuss your unique situation with our
legal counsel.
What are the benefits of Partnerships?
Partnerships exist when any two or more people conduct business with
one common profit. Although a formal written contract is not required,
Partnership registration is necessary with the Ministry of Consumer and
Commercial Relations. Each partner is fully liable for the debts and
profit incurred in General Partnerships. However, Limited Partnerships
reduce individual liability. When developing a Partnership, we
recommend working with legal counsel to negotiate a binding agreement
that outlines liability share, dissolution requirements, capital
generation methods, and profit distribution as well as other critical
business terms.
What should be considered when evaluating executive compensation?
Executive compensation is not only a critical company evaluation tool
for management prospects, but is also a valuable investment
measurement. When developed effectively, executive compensation
packages maximize retention and provide favorable tax benefits. These
packages typically include base salary, annual incentive, long-term
capital accumulation, deferred compensation arrangements, supplemental
benefits, special severance and retirement arrangement, employment and
control change agreements.
Who will be my lawyer?
Your case will be assigned to Mike McArthur, Thomas A. Cline, John A. Backus, Jamie Pereira or Maria Vanderspek
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