The very first considerations when starting a business are:
1. the legal form of the business
2. the business name
Your choice of business name will depend on your choice of legal form.
All business names need to be registered with the respective provinces or territories except for sole proprietorships that uses the owner’s legal name.
A sole proprietorship that uses an owner’s name with additional names such as John Smith’s Handyman Services will need to register its business name. Without a business name registration, the business will not be able to open a bank account or apply for a business license.
Business Name registration in BC requires advance name reservation. Name selection process is fairly restrictive, so it would be wise to select a unique name in order to avoid extra costs.
Once your business name has been approved, you then have 56 calendar days within which you must register your business. Names must have 3 elements:
1. distinctive element
2. descriptive element
3. Designation
DISTINCTIVE ELEMENT
The distinctive element serves to differentiate names having identical or similar descriptive elements, and for that reason, is the most important element to be examined in the name.
Names such as “Tire Shop Ltd.” and “Shoe Store Ltd.” lack an appropriate distinctive element and would be rejected for that reason.
They would be acceptable if prefixed with a distinctive element (e.g. ordinary word, coined word, geographical location or personal name) that would distinguish them from all the other tire shops and shoe stores.
E.g. Downtown Kelowna Tire Shop Ltd. or Sandell’s Shoe Store Ltd.
Coined and made-up words are acceptable distinctive elements, provided they do not conflict with others already registered.
E.g. Intertex Enterprises Ltd. or Fabuform Diet Centre Ltd.
A uniquely coined word, used in addition to a geographical location (e.g. Altrex Canada Ltd.), is normally considered sufficiently distinctive by itself that a descriptive element is not usually required.
DESCRIPTIVE ELEMENT
The descriptive element is useful in describing the nature of the business as well as expanding the options available. It allows for use of identical or similar distinctive elements, which might be desirable in developing a particular presence in the marketplace.
E.g. Ever-ready Brake Shop Ltd. or Better Value Stationery Ltd.
DESIGNATIONS
Incorporated companies must have as the last word in the name, the corporate designation, “Limited”, “Limitee”, “Incorporated”, “Incorporee” or “corporation”. For all purposes using the abbreviations of these words (e.g. “Ltd.”, “Ltee.”, “Inc.” or “Corp.”) is acceptable.
Extraprovincial companies may have “Limited Liability Company” or “LLC” as the last word in their name.
The corporate designation is not applicable to a business name, society or cooperative name.
Business names for partnerships and proprietorships cannot use “Ltd.”, “Inc.” or “Corp.” at the end of their names, but they may use “Company” or “Co.”.
Business names for limited partnerships must use “Limited Partnership” at the end of the name.
Business names for limited liability partnerships must use “Limited Liability Partnership” or “LLP,” at the end of the name.
Societies should have the designation “Society” or “Association” as the last word in their name. Companies are precluded from the use of these words in their names.
Cooperatives should use the word “Cooperative” in their name and may also use “Association”, “Society”, “Union” and “Exchange”.
Unlimited Liability Companies must have “Unlimited Liability Company” or the abbreviation “ULC” at the end of its name.

June 20th, 2010
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