Incorporation under the Nova Scotia Business Companies Act

Unlike the other Canadian provinces, the Companies Act (Nova Scotia) is based on English law. As a result, there are some significant differences from the other provinces and Nova Scotia in corporate documentation and terminology, but far fewer differences in legal effect. A name search is required prior to incorporation as well as approval from the Nova Scotia Registry of Joint Stock Companies.

The proposed name must be both distinctive and descriptive and cannot be identical to another name. The Registry staff has the authority to reject a name if it is not sufficiently distinctive and descriptive, even if it is not duplicative. Rather than Articles of Incorporation and by-laws, Nova Scotia companies have a Memorandum of Association and Articles of Association, which serve substantially the same function.