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Tom B.
Tom B., Barrister & Solicitor
Category: Canada Business Law
Satisfied Customers: 2415
Experience:  25 years in legal practice and over 30 years in business.
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I am starting a business with a partner who is from the US.

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I am starting a business with a partner who is from the US. This business will be an online business and be registered in Alberta, as this is where I live. What are the steps we need to take? We are looking at a LLP.
Submitted: 1 year ago.
Category: Canada Business Law
Expert:  Tom B. replied 1 year ago.
Hi
An LLP in Alberta is only available to certain professionals such as doctors, lawyers, accountants etc. Doubtful an online enterprise with an American partner would work anyway.
Subject to your own lawyer's opinion, I suggest a simple incorporation. This has some name protection and there is no issue about a foreign partner as long as there is one Director (you) resident in Alberta.
This gives flexibility as far as shares (50/50, 60/40 etc) and provides better liability protection to both "partners" should something go wrong. It is a simple process through Service Alberta.
https://www.servicealberta.ca/674.cfm
If you want to protect your business name internationally, then use Trade Mark registration.
http://www.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/h_wr00002.html
Of course we are here to give general opinions and advice which cannot be a substitute to your business adviser, accountant or lawyer. But, on your brief facts, I suggest a company and not a partnership of any description.
Let me know if you need any clarification. Otherwise, please consider rating my answer well for my consideration.
Sincerely,
Tom

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