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The Partnership Act (Alberta) governs the registration of Alberta trade names which are also considered to be the same as Alberta sole proprietorships.

The statutes indicates that an individual who (a) is engaged in business for trading, manufacturing, contracting or mining purposes; and (2) is not associated in partnership with any other person or persons and uses as the person’s business name some name or designation other than the person’s own, or the person’s own name with the addition of “and company” or some other word or phrase indicating a plurality of members in a firm; shall file with the Alberta Registrar a declaration in writing of the fact. If you are planning on registering a sole proprietorship it would be appropriate for you to take a look at the Alberta Partnership Act provisions for Alberta sole proprietorships.

This means if you are using a name other than your own in Alberta and you are not in partnership with anyone else, you must register a Declaration of Trade Name in order to carry on business in Alberta as a sole proprietorship. A Declaration of Trade Name for a sole proprietorship must be filed within six months of commencing business under a name other than your own.

An Alberta Nuans name search report is not required when registering an Alberta sole proprietorship. The Alberta Partnership Act has no requirement for an Alberta trade name/Alberta sole proprietorship to be different than other Alberta registrations. You are allowed to register the exact same name as another sole proprietorship already registered with the Alberta government. Should you register a name that is the same as another name already registered? Absolutely not, unless you are connected in some way to that other registration or have written permission to register the name.

A preliminary name search should be done to ensure your name is available and a search house can do this for you for a small fee. Many search houses will clear your name in advance for free if you chose their service when registering your Alberta trade name.

An individual can conduct business as a sole proprietorship by using his or her name and not registering an actual Alberta trade name. In fact the Alberta government will not allow you to register a sole proprietorship under your personal name. In some cases though it might be advantageous to have an Alberta registration in place such as when a corporate client wishes the sole proprietorship to acknowledge he or she has a valid business registration in place or in some cases where ancillary licenses are required for the company and a Alberta registration document must be shown. The federal government does not care if you have a Alberta sole proprietorship registration in place in order to issue you a federal Business Number. The federal business number is connected to the individual rather than the Alberta trade name registration.

You cannot register an Alberta Trade Name or Alberta Sole Proprietorship on your own. You must ask a provider to assist you with the registration. In a way this can be a good thing because the service provider with check your name for you free of charge if you pick a service provider that provides this service. Then you can be assured of having a name that is not a conflict with any other name right across Canada.

If you wish to terminate your Alberta sole proprietorship you must file a Declaration of Ceasing to Carry on Business under a Trade Name.

An Alberta Trade Name registration is perpetual which means that it will stay in place until you terminate the registration.

Resources for Canadian Business Owners can assist you with your Alberta Business Name and Alberta Business Registration or Preliminary Name Search