Annex B — Sample Consent Letters
Table of Contents
- B.1 Consent from the Owner of an Unincorporated trade-name
- B.2 Transfer of an identical corporate name that has not been used to carry on business in the last two years (Regulation 20)
- B.3 Unconditional consent for the use of the name (Regulation 21)
- B.4 Successor business and year of incorporation (Regulation 22)
- B.5 Transfer of an identical active corporate name to an existing corporation (Regulation 24(1))
- B.6 Transfer of an identical active corporate name to a new corporation (Regulation 24(2))
B.1 Consent from the Owner of an Unincorporated trade-name
The Director General, Corporations Canada
Industry Canada9th Floor, Jean Edmonds Towers South
365 Laurier Avenue West
Ottawa ON K1A 0C8
Re: Incorporation of a corporation by the name of [Incorporating Party's name]
[Consenting party's name], owner of the registered trade-name [enter trade-name], hereby consent to the incorporation of [name of the proposed corporation].
[Consenting party's name] undertakes to stop carrying on business under the trade-name (or to transfer his/her rights in the trade-name to the corporation bearing the proposed name) before the corporation proposing to use the name begins to carry on business under the corporate name.
Consent given at [city], this [date] day of [month], [year].
[Consenting Party's name]
Per: _________________________________
[Officer's name], [Officer's title]
Note: The signature of the authorized signing officer must describe him/her as an officer of the consenting corporation.
B.2 Transfer of an identical corporate name that has not been used to carry on business in the last two years (Regulation 20)
The Director General, Corporations Canada
Industry Canada9th Floor, Jean Edmonds Towers South
365 Laurier Avenue West
Ottawa ON K1A 0C8
Re: Incorporation of a corporation by the name of [Incorporating Party's name]
[Consenting party's name], a body corporate incorporated under the Canada Business Corporations Act on the ___th day of (month)____(year)___, hereby consents to the incorporation of [name of the proposed corporation].
[Consenting party's name] undertakes to dissolve immediately or to change its name before the corporation proposing to use that name begins to carry on business under that name.
[Consenting party's name] confirms that it has not carried on business under its corporate name during the past two years.
Consent given at [city], this [date] day of [month], [year].
[Consenting party's name]
Per: _________________________________
[Officer's name], [Officer's title]
Note: The signature of the authorized signing officer must describe him/her as an officer of the consenting corporation.
B.3 Unconditional consent for the use of the name (Regulation 21)
The Director General, Corporations Canada
Industry Canada9th Floor, Jean Edmonds Towers South
365 Laurier Avenue West
Ottawa ON K1A 0C8
Re: Incorporation of a corporation by the name of [Incorporating Party's name]
[Consenting party's name (i.e. the name of an incorporated or unincorporated business or the name of the owner of a trade-mark)], hereby consents to the incorporation of a corporation in the name of [name of the corporation].
Consent given at [city], this [date] day of [month], [year].
[Incorporating Party's name]
Per: _________________________________
[Officer's name], [Officer's title]
Note: The signature of the authorized signing officer must describe him/her as an officer of the consenting corporation.
B.4 Successor business and year of incorporation (Regulation 22)
The Director General, Corporations Canada
Industry Canada9th Floor, Jean Edmonds Towers South
365 Laurier Avenue West
Ottawa ON K1A 0C8
Re: Incorporation of a corporation by the name of [Incorporating Party's name]
[Incorporating Party's name], a body corporate, hereby consents to the incorporation of [name of the proposed corporation], which is to be a successor corporation and which has the year of incorporation in parentheses before the legal element.
[Incorporating Party's name] undertakes to dissolve immediately or to change its name before the corporation proposing to use that name begins to carry on business under that name.
Consent given at [city], this [date] day of [month], [year].
[Incorporating Party's name]
Per: _________________________________
[Officer's name], [Officer's title]
Note: The signature of the authorized signing officer must describe him/her as an officer of the consenting corporation.
B.5 Transfer of an identical active corporate name to an existing corporation (Regulation 24(1))
The Director General, Corporations Canada
Industry Canada9th Floor, Jean Edmonds Towers South
365 Laurier Avenue West
Ottawa ON K1A 0C8
Re: Incorporation of a corporation by the name of [Incorporating Party's name]
[Incorporating Party's name] confirms that the corporation is affiliated to [Incorporating Party's name] and [has or will immediately] acquire all or substantially all the property of [Incorporating Party's name]. [Incorporating Party's name] hereby undertakes to dissolve immediately or to change its name before the corporation proposing to use the name begins carrying on business under that name.
Consent given at [city], this [date] day of [month], [year].
[Incorporating Party's name]
Per: _________________________________
[Officer's name], [Officer's title]
Note: The signature of the authorized signing officer must describe him/her as an officer of the consenting corporation.
B.6 Transfer of an identical active corporate name to a new corporation (Regulation 24(2))
The Director General, Corporations Canada
Industry Canada9th Floor, Jean Edmonds Towers South
365 Laurier Avenue West
Ottawa ON K1A 0C8
Re: Incorporation of a corporation by the name of [Incorporating Party's name]
[Incorporating Party's name], a body corporate, hereby consents to the incorporation of [name of proposed corporation].
[Incorporating Party's name] confirms that the proposed corporation will be affiliated to [Incorporating Party's name] and will immediately acquire substantially all the property of [Incorporating Party's name]. [Incorporating Party's name] undertakes to dissolve immediately or to change its name before the corporation proposing to use the name begins to carry on business under that name.
Consent given at [city], this [date] day of [month], [year].
[Incorporating Party's name]
Per: _________________________________
[Officer's name], [Officer's title]
Note: The signature of the authorized signing officer must describe him/her as an officer of the consenting corporation.