Best Investment & Business Structuring Lawyers in Burnaby

1. About Investment & Business Structuring Law in Burnaby, Canada

Investment and business structuring covers planning, forming, and reorganizing entities to support growth, asset protection, tax efficiency, and succession. In Burnaby, this work sits within British Columbia and federal law, with common structures such as BC corporations and limited partnerships used for investments and operating businesses. Lawyers help decide between provincial and federal incorporation and draft governance documents, shareholder agreements, and ownership structures.

In British Columbia, corporations are governed primarily by the British Columbia Business Corporations Act (BCBCA) for provincially incorporated entities, while federally incorporated companies follow the Canada Business Corporations Act (CBCA). Both regimes impose governance duties, filing requirements, and ongoing compliance obligations. A Burnaby lawyer can align corporate structure with tax planning, securities rules, and local licensing needs.

Burnaby residents should also consider municipal and provincial licensing, land use, and cross jurisdictional compliance. Local licensing and business registrations may be required from the City of Burnaby for operating within municipal boundaries. Coordination with accountants and tax advisers is essential to manage cross-border considerations with the Canada Revenue Agency and provincial regulators.

Source references: The BC Government and Statutes govern provincial corporate frameworks (BCBCA and related acts), while the British Columbia Securities Commission regulates securities matters within BC. See BC Laws and British Columbia Securities Commission.

2. Why You May Need a Lawyer

Starting a Burnaby business or restructuring an investment in BC often requires professional guidance to avoid costly errors and ensure compliance. Below are concrete, real-world scenarios where a lawyer's advice is essential.

• You plan to incorporate in BC and must choose between BC BCBCA or CBCA, draft articles of incorporation, and set up initial share structures and shareholder agreements.
• Your Burnaby company forms a joint venture with international partners, requiring careful cross-border structuring, governance provisions, and regulatory compliance for securities and foreign ownership issues.
• You are acquiring a Burnaby business or selling your company, and you need due diligence, a purchase agreement, and decisions on asset versus share purchase to optimize tax and liability outcomes.
• You intend to raise capital through private placements or accredited investors in BC, calling for compliance with the provincial Securities Act, exemptions, and disclosure requirements.
• Your family-owned Burnaby business is planning succession or a restructuring through holding companies, cross-border entities, or reorganized ownership, with tax and estate planning considerations.
• You need to wind down or liquidate a Burnaby enterprise, including asset sales, employee terminations, and orderly tax reporting with CRA and provincial authorities.

3. Local Laws Overview

The legal framework for investment and business structuring in Burnaby rests on provincial statutes, federal influences, and municipal licensing. Key statutes and regulators shape how you form, operate, and exit businesses here.

• British Columbia Business Corporations Act (BCBCA) - governs the governance, incorporation, share structure, records, and reporting of BC corporations. Filings, annual reports, and director duties are addressed under this act. See BC Laws.
• Securities Act in BC and the British Columbia Securities Commission (BCSC) - regulates the sale of securities, private placements, exemptions, and continuous disclosure duties. The regulator is the BC Securities Commission; refer to its guidance at BCSC.
• Limited Partnerships Act (BC) - governs the formation, operations, and liability structure of limited partnerships, a common vehicle for investment funds and joint ventures. See BC Laws.
• Burnaby Municipal Business Licence Considerations - operating a business in Burnaby often requires municipal licensing and compliance with local by-laws. Information is available on the City of Burnaby’s website. Burnaby Business Licence.

Recent regulatory trends in BC emphasize compliance and governance transparency, with AML and investor protection frameworks applying to investment activity. For ongoing updates, consult the BC Securities Commission and federal AML guidance from FINTRAC. See BCSC and FINTRAC for current requirements.

Frequently Asked Questions

What is the British Columbia Business Corporations Act and who does it affect?

The BCBCA governs provincially incorporated BC corporations, including organization, governance, and reporting rules. It affects directors, officers, and shareholders and drives how shares and corporate records are managed.

How do I start a company in Burnaby under BC law?

Decide between a BC or a CBCA structure, prepare articles, appoint directors, and file with the BC Corporate Registry. A lawyer can draft the articles and shareholder agreements and set up governance documents.

What is the difference between CBCA and BCBCA for new Burnaby businesses?

BCBCA applies to BC-incorporated entities; CBCA applies to federally incorporated entities. Differences include where filings occur, governance specifics, and certain tax and regulatory reporting obligations.

Do I need a lawyer to set up a joint venture in Burnaby?

Yes. A lawyer helps draft the joint venture agreement, determine ownership and governance, and ensure compliance with securities and provincial laws for both parties.

How long does incorporation take in British Columbia?

Typical timelines range from 1 to 2 weeks for standard BC incorporations, assuming complete documentation. Complex structures or foreign ownership considerations may extend this period.

What is a share structure and why is it important for a Burnaby company?

Share structure defines classes of shares, voting rights, and transfer restrictions. A well designed structure supports governance, fundraising, and succession planning.

How much does it cost to hire a corporate lawyer in Burnaby for structuring?

Costs vary by complexity, but a basic incorporation package may start around CAD 1,500 to 3,000, with higher fees for private placements, complex reorganizations, or cross-border work.

Can I structure cross-border investments with a Burnaby company?

Yes, but you must consider cross-border regulatory regimes, tax implications, and foreign ownership rules. A lawyer can design an structure that aligns with federal and provincial requirements.

Should I obtain a Burnaby business licence before starting operations?

Most operations in Burnaby require a municipal business licence. A lawyer can help ensure you meet the licensing, zoning, and reporting requirements before launch.

Do I need to file annual reports for a BC corporation and what is the timeline?

Yes, BC corporations must file annual reports and maintain corporate records. Timelines depend on the corporation type and filing system; electronic filing is commonly used.

What is the difference between a corporation and a limited partnership for investment structuring?

A corporation is a separate legal entity with perpetual existence, while a limited partnership separates management and liability between general partners and limited partners. Each has distinct tax and regulatory implications for investors.

How long does a typical private placement take to complete in BC?

Private placements generally require preparation, regulatory exemptions, and investor due diligence, often taking several weeks to a few months depending on complexity and investor readiness.

4. Additional Resources

Access to authoritative sources can help you verify requirements and find guidance specific to your situation.

• British Columbia Securities Commission (BCSC) - Regulator of securities in BC; provides investor protection, registration, and market rules guidance. https://www.bcsc.bc.ca/
• BC Laws - Official repository for BC statutes and regulations, including the BCBCA, Securities Act, and related instruments. https://www.bclaws.gov.bc.ca/
• City of Burnaby - Business Licence - Local licensing requirements for operating in Burnaby; essential for start‑ups and established businesses. https://burnaby.ca/en/doing-business/business-license

5. Next Steps

1. Clarify your objective and preferred entity type (BCBCA vs CBCA) based on where you plan to operate and raise capital.
2. Gather key documents first, including business plan, initial capital structure, and a list of intended shareholders or partners.
3. Identify and compare at least three local corporate or commercial lawyers with Burnaby experience and verify their practice focus.
4. Schedule initial consultations to discuss structure, timelines, and estimated fees; request engagement letters and scope of work.
5. Ask about timelines, due diligence, and key milestones for your project, including any required filings with BC Laws or the BC Securities Commission.
6. Finalize scope and sign a retainer; obtain a detailed engagement letter outlining fees, tasks, and deliverables.
7. Coordinate with your accountant or tax advisor to align the corporate structure with tax planning and regulatory obligations.