Incorporation Forum Shopping in Canada: Considerations for Canadian Tech Startups

This guide highlights the key factors tech startups should consider when choosing where to incorporate in Canada. It takes into account the unique needs of tech startups and the recent efforts by Canadian jurisdictions to update their business corporation laws. While forum shopping in Canada was once uncommon—mainly focused on choosing between incorporating under the provincial statute where the company's headquarters is located or using the Canada Business Corporations Act (CBCA)—the landscape has changed. With updated laws, electronic filing options and other modernizations, there are now key differences between the jurisdictions that tech startups should be aware of.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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