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Formation Document
I need a formation document to establish a non-profit organization focused on environmental conservation, including details on the mission statement, board of directors, and bylaws. The document should comply with Canadian federal regulations and include provisions for tax-exempt status application.
What is a Formation Document?
A Formation Document officially brings your business into existence under Canadian law. It's the paperwork you file with your province or territory to create your corporation, limited partnership, or other business structure. For corporations, this is typically called Articles of Incorporation, while other entities may use different names like Articles of Organization.
These documents outline your company's basic framework - including its name, registered address, share structure, and business activities. Once approved by the relevant government authority (like Corporations Canada for federal companies), your Formation Document becomes the foundation of your business's legal identity and helps establish your rights and obligations under Canadian business law.
When should you use a Formation Document?
You need a Formation Document when starting any formal business structure in Canada - from a small local corporation to a national non-profit organization. This crucial first step comes before you can open business bank accounts, sign contracts, or hire employees as a legal entity.
File your Formation Document early in your business planning process, ideally 4-6 weeks before you intend to begin operations. This timing allows for government processing and gives you room to set up other essentials like tax accounts, business licenses, and employment registrations. Many entrepreneurs file these while still developing their business plan to secure their chosen company name.
What are the different types of Formation Document?
- Federal Articles of Incorporation: Creates a corporation that can operate across all provinces, offering the widest geographic scope and name protection
- Provincial Articles of Incorporation: Establishes a corporation within a specific province, often with simpler filing requirements and lower fees
- Partnership Agreement: Forms a general or limited partnership, detailing partner roles and profit sharing
- Articles of Organization: Used for limited liability companies in certain jurisdictions, outlining ownership and management structure
- Non-Profit Articles: Specialized formation documents for charitable and non-profit organizations, including specific provisions for non-profit status
Who should typically use a Formation Document?
- Business Founders: Initiate and sign the Formation Document, setting up their company's legal structure and defining ownership rights
- Corporate Lawyers: Draft and review the documents to ensure compliance with Canadian business laws and regulations
- Government Registrars: Review, process, and approve Formation Documents at federal or provincial levels
- Shareholders: Bound by the share structure and rights outlined in the Formation Document
- Directors and Officers: Operate within the framework established by the Formation Document, managing company affairs according to its terms
How do you write a Formation Document?
- Company Details: Choose your business name, confirm its availability, and decide on your registered office address
- Business Structure: Determine share classes, number of directors, and ownership distribution
- Required Forms: Download or access official government forms for your jurisdiction (federal or provincial)
- Supporting Documents: Gather personal ID, proof of address, and any required professional credentials
- Filing Fees: Prepare payment for registration fees and understand processing timelines
- Compliance Check: Use our platform to generate a legally-sound Formation Document that meets all Canadian requirements
What should be included in a Formation Document?
- Corporate Name: Legal business name with required corporate designators (Inc., Ltd., Corp.)
- Registered Office: Physical address in the incorporating jurisdiction
- Share Structure: Classes of shares, rights, and restrictions for each class
- Director Information: Names, addresses, and consent of initial directors
- Business Restrictions: Any limitations on business activities
- Ownership Details: Names and addresses of incorporators, initial shareholders
- Corporate Rules: Basic governance framework and operational guidelines
- Signature Block: Space for required signatures with date and witness provisions
What's the difference between a Formation Document and a Corporate Governance Document?
A Formation Document differs significantly from a Corporate Governance Document in both timing and purpose. While Formation Documents establish your company's legal existence, Corporate Governance Documents guide how your established company operates day-to-day.
- Creation vs Management: Formation Documents are filed once to create your business entity, while governance documents provide ongoing operational guidelines
- Legal Requirements: Formation Documents must be approved by government authorities to be valid; governance documents are internal policies that can be modified as needed
- Timing of Use: Formation Documents come first and cannot be changed without formal amendments; governance documents evolve with your business needs
- Scope of Content: Formation Documents contain basic structural information, while governance documents detail specific procedures, roles, and decision-making processes
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