Best Investment & Business Structuring Lawyers in London

About Investment & Business Structuring Law in London, Canada

Investment and business structuring law covers how a business is formed, funded, governed, and protected in Canada. In London, Ontario, this typically involves choosing between federal and provincial incorporation, structuring for tax efficiency, and aligning ownership with succession plans. The landscape includes corporate governance, financing arrangements, regulatory compliance, and cross border considerations.

Foundational topics include choosing the right corporate vehicle, drafting shareholder agreements, and planning for long term growth. Lawyers in London help clients evaluate options for asset protection, debt financing, and equity distribution. They also assist with compliance obligations under provincial and federal regimes to minimize risk and disruption.

Practical guidance from a local solicitor or corporate counsel helps align your structure with your business goals. This ensures you have robust governance, clear decision making, and a plan for potential exit or succession. London residents benefit from access to lawyers who understand Ontario business norms and local market dynamics.

Why You May Need a Lawyer

Consider these concrete, London-specific scenarios where you may need Investment & Business Structuring legal help. Each example reflects common local business realities in southwestern Ontario.

• You plan to form a new Ontario corporation to operate a franchise in downtown London and require OBCA compliance and corporate governance documents.
• You are acquiring a privately held London-based manufacturing business and need due diligence, share purchase agreements, and post closing integration planning.
• You want to bring in non resident investors and must navigate the Investment Canada Act steps and national security considerations for a London based target.
• Your startup in London seeks a joint venture with a local technology firm and requires a detailed shareholder agreement, dilution schedules, and exit provisions.
• You need a succession plan for a family business in London and want to set up a trust or holding company to preserve value and minimize estate taxes.
• You operate a regulated business in Ontario and require licensing, ongoing compliance, and corporate structure adjustments to meet sector specific rules.

Local Laws Overview

The following laws and regulations govern Investment & Business Structuring in London, Ontario, and across Canada. They shape how businesses are formed, funded, and governed.

• Canada Business Corporations Act (CBCA) - Federal framework for corporations in Canada, including governance, shareholder rights, and reporting requirements. This statute applies to federally incorporated companies and interacts with provincial regimes for cross jurisdiction activities. See Canada Business Corporations Act - CBCA.
• Ontario Business Corporations Act (OBCA) - Provincial regime for Ontario corporations, including articles of incorporation, corporate powers, and director duties within Ontario. See OBCA - Ontario.
• Ontario Securities Act and Regulation - Oversees capital markets within Ontario; key for major share transfers, fundraising, and disclosure requirements for Ontario based entities. See Securities Act - Ontario.
• Investment Canada Act - Federal framework governing foreign investments into Canada, including national security and net benefit reviews for investments in Canadian businesses. See Investment Canada Act.

Notes on dates and changes: federal and provincial regimes are periodically updated. For CBCA and OBCA, statutory texts reflect ongoing amendments and re regulation of corporate governance. For foreign investment, the Investment Canada Act changes over time, including screening thresholds and review processes. Always verify current text and regulatory guidance with official sources before proceeding.

According to government sources, foreign investment reviews under the Investment Canada Act consider national security and a net benefit test for investments in Canadian businesses.

Key sources for these topics include official statutes and regulator guidance. For CBCA and OBCA, consult the Justice Canada and Ontario official law pages. For Ontario securities matters, the provincial regulator OSC provides rule making and enforcement information. See the citations in this section for direct links.

Frequently Asked Questions

What is the difference between CBCA and OBCA for a new London business?

The CBCA governs federally incorporated corporations, while the OBCA applies to Ontario incorporated firms. Your choice affects where you file articles, annual returns, and director residency requirements. Consider scope of operations and tax planning when deciding where to incorporate.

How do I decide if I should Incorporate federally or provincially in Ontario?

Federal incorporation allows nationwide operations with a single set of corporate rules. Provincial incorporation may simplify local compliance and funding interactions in Ontario. A local lawyer can compare tax implications, multi jurisdiction needs, and governance options.

What is required to register a new holding company in London, Ontario?

You will need corporate name approval, articles of incorporation, and initial directors. Depending on structure, you may also set up a holding company with share structure designed for tax planning and asset protection. An attorney can tailor the documents to your goals.

How long does it take to complete a typical London corporate formation?

In Ontario, standard articles of incorporation can be filed online within 1-5 business days if all information is ready. Complex structures or name disputes may extend this period. Timelines improve with prepared corporate records.

Do I need a lawyer for a simple incorporation in London Ontario?

While not mandatory, a lawyer helps ensure proper articles, by laws, and initial resolutions. This reduces the risk of later governance disputes or missing filings. A local attorney can also advise on funding and director duties.

How much does it cost to set up a new company in London Ontario?

Costs vary by structure and services; typical ranges include government filing fees plus attorney fees for drafting and filing. A simple OBCA or CBCA formation with standard governance documents might range from several hundred to several thousand Canadian dollars.

What is the process to bring in foreign investment to a London based business?

Foreign investment may trigger reviews under the Investment Canada Act, especially for larger or sensitive sectors. You will typically file notices, provide information about benefits to Canada, and await regulatory review outcomes. An attorney can manage filings and communications.

Can I use a partnership or limited liability company in Ontario for my business?

Ontario recognizes various structures, including corporations and limited partnerships. The Partnerships Act and related rules affect liability, taxation, and management. A lawyer can help choose the most appropriate vehicle for asset protection and control.

How long does a foreign investment review take under the Investment Canada Act?

Review times vary by case complexity and sector; some investments clear in weeks, others take months. Your lawyer can help prepare the required information package to streamline the process. Expect back and forth with the responsible government department.

What are the ongoing compliance obligations after incorporation in Ontario?

Typical obligations include annual returns or reports, corporate records keeping, and director or officer appointments. Ontario requires certain filings with the provincial government and, for public companies, continuous disclosure obligations. A compliance plan helps manage these tasks.

Is there a difference in governance duties for Ontario corporations vs federal corporations?

Directors duties, fiduciary obligations, and reporting frameworks differ by jurisdiction and regime. Federal regimes align with CBCA, while Ontario regime aligns with OBCA for local entities. A lawyer can align governance documents with the chosen jurisdiction.

Do I need to review my contracts and shareholder agreements before closing a deal?

Yes. Shareholder agreements govern rights, protections, and exit mechanics. A well drafted agreement reduces disputes after closing and supports smoother transitions during changes in ownership or leadership. A London based attorney can tailor it to your goals.

Additional Resources

• Investment Canada Act - Federal law governing foreign investments and national security reviews. See official guidance on national screening and net benefit considerations at Invest Canada Act.
• Canada Business Corporations Act (CBCA) - Federal statute for governing corporations with cross jurisdiction potential. See the official text at CBCA on Justice Laws.
• Ontario Securities Commission (OSC) - Regulator of Ontario capital markets; provides rules, guidance, and enforcement for Ontario based issuers and markets. See OSC.

Next Steps

1. Define your goals and preferred jurisdiction for incorporation with a London Ontario lawyer. Clarify whether multi jurisdiction operations are anticipated.
2. Identify local law firms with a focus on corporate structuring, cross border transactions, and securities law. Compile a shortlist of 3-5 firms in London or surrounding areas.
3. Request initial consultations to discuss proposed structure, governance, and funding. Bring current business plans, share schedules, and any regulatory concerns.
4. Ask for a detailed engagement letter and scope of work, including estimated fees, timelines, and deliverables for incorporation or restructuring.
5. Review draft documents with your lawyer and provide any necessary background materials. Ensure recommendations address tax planning and succession considerations.
6. Confirm regulatory filings and timelines with your counsel, including OBCA/CBCA filings, securities disclosures, and any Investment Canada Act notifications if applicable.
7. Proceed with signing, filing, and implementing the structure. Schedule regular governance reviews to adjust for growth or regulatory changes.