Best Investment & Business Structuring Lawyers in Surrey

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Morgan Creek Law
Surrey, Canada

Founded in 2015
7 people in their team
English
Morgan Creek Law is a Surrey, British Columbia law firm founded in 2015 by Brendan Home. The firm focuses on plaintiff personal injury matters and related civil litigation, drawing on more than 30 years of combined experience among its lawyers. Clients value the team’s practical case management...
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About Investment & Business Structuring Law in Surrey, Canada

Investment and business structuring law covers how to form, reorganize, and operate a business in a way that aligns with governance, liability, and regulatory requirements. In Surrey, this work sits at the intersection of provincial corporate statutes and federal securities and tax rules. Local owners commonly use holding, subsidiary, or partnership structures to manage risk and plan for growth.

Key concerns include choosing the right entity, setting ownership and control arrangements, and ensuring compliance with ongoing reporting duties. A Surrey lawyer can help you design a structure that supports financing, protects assets, and meets regulatory standards. Understanding these fundamentals early can prevent costly missteps later.

For residents of Surrey, practical considerations include how a structure interacts with property ownership, development projects, and cross-border investments. The provincial framework underpins most day-to-day decisions, while federal rules may apply to multi jurisdiction operations. This guide highlights the main concepts, local practice, and where to seek tailored legal advice.

"The British Columbia Business Corporations Act governs the incorporation, governance and dissolution of BC corporations."
"The Canada Business Corporations Act provides a framework for federally incorporated corporations doing business across Canada."

Why You May Need a Lawyer

  • Family business transition in Surrey - A Surrey family business wants to shift from individual ownership to a holding company to simplify succession. A lawyer drafts the shareholder agreement, transfers shares, and updates governing documents to reflect new ownership and control. This reduces future disputes and clarifies voting thresholds.
  • Real estate investment through a BC partnership - An investor plans to hold multiple rental properties in Surrey via a limited partnership. A lawyer helps with partnership contracts, GP/LP roles, and compliance with the Partnership Act and securities rules for any fundraising.
  • Startup fundraising in Surrey - A local tech startup seeks to issue preferred shares to angel investors. Legal counsel prepares term sheets, ensures compliance with BC Securities Act exemptions, and drafts a private placement memorandum and investor rights agreement.
  • Cross border investment considerations - A non resident investor wants to acquire BC property or establish a BC subsidiary. A lawyer addresses foreign investment rules, cross border tax implications, and appropriate corporate structuring.
  • Regulatory and tax planning for growth - A Surrey business expands into new lines of business and needs a tax efficient structure with inter company loans, transfer pricing considerations, and clear governance policies.
  • Due diligence for a Surrey acquisition - Before purchasing a local business, you require a lawyer to review corporate records, contracts, and regulatory compliance to identify risk and liability exposure.

Local Laws Overview

Surrey businesses commonly rely on provincial statutes to structure ownership and governance, with federal rules applying where operations cross borders or involve national securities matters. The following statutes form the core framework for Investment & Business Structuring in Surrey:

  • British Columbia Business Corporations Act (RSBC 1996, c 58) - Governs incorporation, governance, and dissolution of BC corporations. This Act controls share structure, director duties, and reporting obligations for BC based entities.
  • Canada Business Corporations Act (RSC 1985, c C-44) - Applies to federally incorporated corporations and to ventures with nationwide operations. It provides a parallel framework to the BC Act for cross jurisdiction activities.
  • British Columbia Securities Act (RSBC 1996, c 418) - Regulates the offer and sale of securities, including private placements and required disclosures. It shapes how Surrey businesses raise capital and describe investment risk.

Recent developments in the provincial and federal regulatory landscape may affect private placements, disclosure obligations, and cross border investments. Always verify current requirements on official government pages before proceeding. BC Laws - Business Corporations ActCanada Business Corporations ActBritish Columbia Securities Commission

"The Business Corporations Act provides a consolidated framework for corporate governance, share structure, and director duties in BC."
"Securities regulation in British Columbia covers the offer and trading of securities and imposes duties on registered market participants."

Frequently Asked Questions

What is the role of a lawyer in investment and business structuring in Surrey?

A lawyer helps design an optimal structure, draft governing documents, and ensure regulatory compliance. They also coordinate filings with the BC Corporate Registry and advise on tax implications. This reduces risk and supports long term growth.

How do I incorporate a BC company for a Surrey based business?

Choose a corporate form, prepare articles of incorporation, and file with the BC Corporate Registry. A lawyer can help you decide on share structure and draft initial bylaws and a shareholder agreement. Filing can take a few business days to a few weeks depending on processing times.

What is a holding company and when should I use one in Surrey?

A holding company owns shares in other entities and can simplify ownership transfer and risk management. It is commonly used for succession planning or to consolidate control of multiple Surrey operations. A lawyer can tailor the structure to tax and governance goals.

Do I need a BC lawyer for a federally incorporated company?

Federally incorporated entities are governed by CBCA and may require distinct reporting and cross jurisdiction strategies. A local Surrey lawyer helps coordinate CBCA requirements with provincial filings when needed. This ensures a consistent governance framework.

How much does hiring a Business Structuring lawyer cost in Surrey?

Costs vary by complexity and firm size. Typical initial consultations range from a few hundred to a couple thousand dollars, with fixed fees for standard filings and more for complex restructurings. A clear engagement letter helps manage expectations.

How long does a typical corporate restructuring in Surrey take?

Simple reorganizations can take 2-4 weeks; more complex restructurings with due diligence may take 6-12 weeks. Timelines depend on document completeness, regulatory review, and third party consents. A lawyer provides a project plan with milestones.

Do I qualify for BC small business exemptions or tax planning options?

Qualifying for exemptions depends on specific activities and corporate form. A lawyer can assess eligibility and plan structuring to optimize tax outcomes within legal limits. Always verify current rules with the Canada Revenue Agency and provincial authorities.

What is the difference between a corporate structure and a partnership in BC?

A corporate structure provides limited liability and a defined governance framework; a partnership offers flexibility and simpler tax flows. The choice affects liability, tax treatment, and regulatory requirements. A lawyer can model both options for your Surrey business.

How do foreign investment rules affect Surrey real estate investments?

Foreign buyers face provincial measures such as Property Transfer Tax and potential additional surcharges. Federal rules on foreign investment also apply to cross border acquisitions. A lawyer helps choose an appropriate corporate or partnership structure and ensures compliance.

Can I use a private placement to raise funds in a Surrey startup?

Yes, but you must ensure compliance with BC Securities Act exemptions and disclosure standards. A lawyer can prepare term sheets, private placement memoranda, and investor agreements. This reduces regulatory risk during fundraising.

What steps are involved in due diligence for a Surrey acquisition?

Due diligence includes reviewing corporate records, contracts, employment agreements, taxes, and regulatory compliance. A lawyer coordinates document requests, confirms title to assets, and identifies any conflicts. This helps inform a fair purchase decision.

Is it necessary to engage a lawyer for drafting a shareholders agreement?

Yes. A shareholders agreement clarifies ownership, voting rights, transfer restrictions, and dispute resolution. It reduces the likelihood of disputes after growth or succession. A Surrey lawyer tailors it to your specific ownership and governance needs.

Additional Resources

  • British Columbia Laws and Corporate Registry - Official source for BC statutes and company filings. Function: provides consolidated BC acts and facilitates corporate registrations via the provincial registry. https://www.bclaws.gov.bc.ca
  • British Columbia Securities Commission - Regulates securities markets in BC. Function: oversees exemptions, disclosures, and enforcement related to securities offerings and trading. https://www.bcsc.ca
  • Canada Revenue Agency - Federal tax authority. Function: administers corporate and personal taxes, and provides guidance on cross border structuring and tax planning. https://www.canada.ca/en/revenue-agency.html

Next Steps

  1. Define your Surrey business goals and preferred ownership structure. Prepare a brief outline of current assets, liabilities, and planned growth. Allocate a realistic budget for legal and filing costs within 1 week.
  2. Identify potential entity types (BC corporation, limited partnership, or CBCA option) and list pros and cons for your situation. Review with a local lawyer in 2 weeks.
  3. Schedule a consultation with a Surrey based corporate or business structuring lawyer. Bring current contracts, share registers, and tax documents for review. Plan for a 60-90 minute session.
  4. Have the lawyer draft or update essential documents (articles of incorporation, bylaws, shareholder or partnership agreements). Allow 2-4 weeks for drafting and revisions, depending on complexity.
  5. Complete required filings with BC Corporate Registry and, if needed, federal CBCA filings. Track processing times and confirm receipt within 1-2 weeks after submission.
  6. Review tax planning considerations with a Chartered Accountant or CPA and align with the law firm’s structuring advice. Schedule a joint session within 3-6 weeks of initial engagement.
  7. Implement governance and compliance routines (board meetings, resolutions, annual filings). Establish a year end and ongoing review schedule; reassess annually.

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Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.