A business lawyer advises owners and founders on the legal structure and everyday contracts of a company: incorporating, shareholder and partnership agreements, commercial leases, buying or selling a business, and dealing with suppliers, customers and regulators. The aim is to prevent disputes, and to be ready when one happens.
When to speak to a business lawyer
- You are starting a business and choosing between a sole proprietorship, a partnership and a corporation.
- You are bringing in a partner, an investor or a key employee.
- You are signing a lease, a franchise agreement or a major customer or supplier contract.
- You are buying, selling or merging a business.
- A partner or shareholder dispute threatens the company.
What a business lawyer does
- Helps you choose a structure and incorporates the company, federally or provincially.
- Drafts shareholder, partnership and operating agreements.
- Reviews and negotiates commercial leases and contracts.
- Handles the legal side of buying or selling a business or raising investment.
- Advises on compliance and represents the business if a dispute arises.
How the rules differ across Canada
A corporation can be incorporated federally or under the law of a province, and registration, annual filing and licensing rules depend on where it operates. Many contracts, permits and licences are provincial, so check that the lawyer works in the province where your business operates.
Questions to ask before you hire a business lawyer
- Do you work with businesses of my size and in my industry?
- Is this a fixed fee or hourly, and what is included?
- What should be in place before I sign or raise money?
- Can you coordinate with my accountant?
Frequently asked questions
Do I need a lawyer to incorporate a business?
It is not required, and online filing services exist. A lawyer adds the most value when there are several owners, investors or intellectual property, because the share structure and the shareholder agreement are hard to fix later.
What is a shareholder agreement?
A contract between a company's owners that sets out how decisions are made, what happens if someone wants to leave, and how disputes are resolved. It is most useful when it is written before a disagreement, not after.
Should I incorporate federally or in my province?
It depends on where you plan to operate and what name protection you need. A business lawyer or accountant can explain the trade-offs for your plans.
How do I find a business lawyer near me?
Choose your province or city on this page to see the business and corporate firms LawDB lists there, with their public Google ratings, addresses and phone numbers.