By
Edward Peghin

What is an LLC and can I set one up in Ontario or Canada?

August 20, 2024

You may have heard of and be wondering about the LLC or Limited Liability Company. The LLC is a popular business structure in the United States that provides the benefits of both a corporation and a partnership. However, the term LLC is not recognized in Canada, including in the province of Ontario. Therefore, if you are interested in setting up a business in Ontario, what business structures are available?

The most common business structures in Ontario are sole proprietorships, partnerships, and corporations. Each structure has its own advantages and disadvantages, and the right structure for your business will depend on your specific circumstances and goals.

Sole Proprietorship

A sole proprietorship is the simplest business structure in Ontario. It is a business owned and operated by one individual, and there is no legal distinction between the individual and the business. This means that the individual is personally responsible for all aspects of the business, including any debts or liabilities.

One of the advantages of a sole proprietorship is that it is easy and inexpensive to set up. There are no registration requirements, and the only costs involved are those associated with obtaining any necessary licenses or permits.

However, a major disadvantage of a sole proprietorship is the lack of limited liability protection. Since there is no legal separation between the individual and the business, the individual is personally liable for any debts or liabilities of the business.

Partnership

A partnership is a business structure in which two or more individuals share ownership and control of the business. Like a sole proprietorship, there is no legal distinction between the individuals and the business, and each partner is personally responsible for any debts or liabilities of the business.

One advantage of a partnership is the ability to pool resources and expertise. By sharing ownership and control, partners can take advantage of each other’s strengths and minimize their weaknesses.

However, a partnership also has some disadvantages. Like a sole proprietorship, there is no limited liability protection for partners, and each partner is personally liable for any debts or liabilities of the business. In addition, partnerships can be complicated to set up and manage, and disagreements between partners can be difficult to resolve.

Corporation

A corporation is a legal entity that is separate from its owners. This means that the corporation can own assets, enter contracts, and incur debts and liabilities in its own name. Shareholders own the corporation, but they are not personally liable for its debts or liabilities.

One of the main advantages of a corporation is the limited liability protection it provides to shareholders. This means that shareholders are only liable for their investment in the corporation, and their personal assets are not at risk.

However, corporations are more complex and expensive to set up and manage than sole proprietorships or partnerships. In addition, there are strict legal and regulatory requirements that must be followed, including annual meetings, the maintenance of corporate records, and the filing of annual reports.

In Ontario, there is no legal equivalent to an LLC. However, the various business structures available provide many of the same benefits as an LLC, depending on your specific circumstances and goals.

If you would like help setting up a business, call me anytime. I will help you set up your business properly.

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Office Location

191 The West Mall, Suite 1100
Toronto, ON M9C 5K8
Phone: 1-877-236-3060
Fax: 416-236-1809