Incorporating a Company in British Columbia: Key Considerations for Success

Incorporating in British Columbia involves multiple interconnected decisions about your business structure, share capital, governance, and compliance obligations. Each choice has lasting legal and tax consequences – and tax considerations are often the “tail that wags the corporate dog”. After incorporating hundreds of businesses, here's what proper BC incorporation actually requires:

Business Name & Articles of Incorporation

Your business name must comply with the BC Business Corporations Act and be distinguishable from existing registrations.  Your constating documents – the Articles of Incorporation and Notice of Articles – then establish your company's legal foundation: registered office address, share structure, and directors etc.  Your corporation also requires a registered and records office in BC, which we provide at your option in addition to our incorporation services.  Getting these documents wrong can mean costly amendments or discovering that your name violates naming rules or trademark rights.

Share Structure: Where Law Meets Tax Planning

We offer two standard fixed-rate incorporation options:

• One share class (simpler structure) with our standard Articles of Incorporation; or

• Four share classes (more tax planning flexibility) with our standard Articles of Incorporation.

But here's what's critical: talk to your accountant first.  Your share structure determines dividend entitlements, voting rights, and future tax planning opportunities around income splitting, capital gains exemptions, and estate planning.  Choosing the wrong structure can eliminate planning opportunities or requires expensive reorganizations later.

While our standard incorporation packages offer pre-designed structures at fixed rates, any customization beyond these standard options is billed at our regular hourly rates.

Directors, Officers & Shareholders' Agreement

You'll need at least one director (18+ years old) and can appoint officers as your business requires.  But for multi-shareholder companies, a shareholders' agreement is also highly recommended.  This document governs what happens when partners disagree, want to exit, or face life events like long-term incapacity or death.  Without one, you leave yourself open to costly litigation with no roadmap for resolution.

Post-Incorporation Compliance

After incorporation, you'll need to:

• Obtain required business permits and licenses for your industry;

• Set up appropriate tax accounts (GST/HST, payroll, corporate income tax); and

• Understand ongoing reporting requirements and annual filings (we can help!).

Again, coordinate with your accountant here.  Tax obligations and fiscal year-end choices affect everything from cash flow to long-term tax efficiency.

The Essential Partnership: Legal & Tax Advice

We always recommend to clients: get tax advice before you incorporate, not after.  Your accountant can determine the optimal tax structure; we build the legal framework to support it.  Together, we ensure your BC corporation is positioned for growth, tax efficiency, and legal protection from day one.

Ready to incorporate your new BC business? Alex Robertson can work alongside your accountant to structure your BC corporation correctly the first time – with transparent, fixed-rate pricing for standard incorporations and the ability to customize as your accountant sees fit.

Contact: Alex Robertson | (604) 736-9791 | ar@dwslaw.ca

Disclaimer: This article is not intended to serve as, or should be construed as legal advice, and is only to provide general information. Should you require legal advice for your particular situation, please get in touch with us. The information for this article was compiled on January 28, 2026.