We always get the question when clients incorporate: Do I have to disclose my name and home address? Short answer is yes.
The Ministry requires the “names and address for service” for each director.
Historically, directors would include their home address when incorporating, however, over the years and given how information is at our fingertips now a days, using the corporation’s head office address as the directors address has become the norm.
What is important to take from this? If your business is sued and you are named personally, this is now recorded as your address for service and if you are served at your business, it is effective service.
This is particularly important when there have been changes in directors or in your registered head office and no Notice of Change has been filed with the Ministry. It is extremely crucial, especially for the outgoing directors, to ensure that a Notice of Change is filed in a timely manner (15 days is the rule as set out in Ontario Business Corporations Act).
Similarly, if the registered head office has change and no Notice of Change is filed, service can be deemed effective by mailing a copy of the registered head office on file with the Ministry, even if such service is returned to sender.
You could find out down the road that Judgment was granted against you or your business and now you have to deal with the headache and extra legal fees just because you didn’t file a Notice of Change.
What to take from this? Make sure you keep your records up to date, or hire a professional, like a corporate law firm, to keep you up to date so you won’t have any surprises.
Christine Allan, Sr. Law Clerk