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Difference between revisions of "Starting a Small Claim (20:V)"
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Starting a Small Claim (20:V) (view source)
Revision as of 14:34, 5 August 2016
, 14:34, 5 August 2016→1. Suing a Business
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Corporations may be either provincially or federally incorporated. A federal company is incorporated under the ''Canada Business Corporations Act'', RSC 1985, c. C-44 [CBCA]. A BC corporation is incorporated under the ''Business Corporations Act'', SBC 2002, c 57 [BCBCA]. Corporations may also be registered under the laws of the other provinces and territories. | Corporations may be either provincially or federally incorporated. A federal company is incorporated under the ''Canada Business Corporations Act'', RSC 1985, c. C-44 [CBCA]. A BC corporation is incorporated under the ''Business Corporations Act'', SBC 2002, c 57 [BCBCA]. Corporations may also be registered under the laws of the other provinces and territories. | ||
Because a corporation can have multiple locations, every corporation, including non-BCBCA corporations, doing business in BC must provide an address where it can be served with notices of claim and other important documents. A claimant must perform a company search to obtain the current registered address for the defendant corporation. (''Rule'' 1(2.1); ''Rule'' 5(2.1). See [[Appendix E]] for instructions on conducting a company search.) This address must be listed as the corporation’s address on the notice of claim form. | Because a corporation can have multiple locations, every corporation, including non-BCBCA corporations, doing business in BC must provide an address where it can be served with notices of claim and other important documents. A claimant must perform a company search to obtain the current registered address for the defendant corporation. (''Rule'' 1(2.1); ''Rule'' 5(2.1). See [[Small_Claims_Legislation_and_Resources_(20:App_E) Appendix E]] for instructions on conducting a company search.) This address must be listed as the corporation’s address on the notice of claim form. | ||
==== b) Partnership ==== | ==== b) Partnership ==== | ||
A | A partnership can exist between one or more persons and is governed by the ''Partnership Act'', RSBC 1996, c 348 [PA]. A person includes a corporation. | ||
The rules for determining whether a partnership exists are set out in s 4 of the PA. | The rules for determining whether a partnership exists are set out in s 4 of the PA. Generally speaking, all partners are personally liable for the debts of the business: s 7 of the PA. As it is impossible to tell whether a business is a partnership or a sole proprietorship from the name alone, a claimant should perform a company search to learn the true structure of the business as well as the name and address of each partner. | ||
The proper way to list each partner on the notice of claim is: | The proper way to list each partner on the notice of claim is: | ||
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'''NOTE:''' “d.b.a.” stands for “doing business as” | '''NOTE:''' “d.b.a.” stands for “doing business as” | ||
'''NOTE:''' | '''NOTE:''' One should be careful to not confuse partnerships with limited partnerships (LP) or limited liability partnerships (LLP). | ||
==== c) Sole Proprietorship ==== | ==== c) Sole Proprietorship ==== | ||
A sole proprietorship allows a single person or corporation to do business under a business name. | A sole proprietorship allows a single person or corporation to do business under a business name. Sole proprietorships are registered under Part 4 of the PA. A sole proprietor is personally responsible for the debts of the business. | ||
As | As it is impossible to tell whether a business is a partnership or a sole proprietorship from the name alone, a claimant should perform a company search to learn the true structure of the business as well as the name and address of the proprietor. | ||
The proper way to list a sole proprietor on the notice of claim is: | The proper way to list a sole proprietor on the notice of claim is: | ||
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==== d) Other ==== | ==== d) Other ==== | ||
For | For other forms of businesses such as limited partnerships (LP), limited liability partnerships (LLP), and unlimited liability corporations (ULC), legal advice is recommended. | ||
=== 2. Suing a Person over 19 Years Old === | === 2. Suing a Person over 19 Years Old === | ||
