Corporate Law Firm
Sudbury Notary Public is a service by Afolabi Business Law Professional Corporation.

With lawyers on staff, we provide Sudbury with cost-effective corporate law services.

Our services are solutions tailored to your needs, to your schedule, and to your pocket-book.

We pride ourselves on the delivery of no-frills, no-fuss, effective corporate law services. We are able to assist you with the following:

Incorporation and Business Formation [$875]

A corporation is a "legal person", an entity separate from yourself, that you control and through which you can carry on business or other activities. Having a corporation grants you "limited liability". So, if anything goes wrong, anyone that sues you can only claim to the extent the corporation has money, leaving your own money and assets secure. Having a corporation can also result in favourable taxation, with careful tax planning. A corporation also confers the status of a "serious business" or a "properly founded non-profit". There are, however, different types of corporations for different purposes. Ensuring you incorporate correctly is critical. Mistakes in incorporation are expensive to fix. That is where we come in. Contact us today to get it done right, and put us in your corner as you go into business.

Corporate Maintenance [$600 per annum]

You have your corporation in place, and so you start business in earnest. Life gets busy, and within a few months you've leased an office, acquired clients, perhaps borrowed from the bank, maybe employed a person or two. Well, the thing is, you haven't done any of those things, your corporation has. You own your corporation, but you are not your corporation. It has it's own memory, which must be recorded. Without the proper recording of key corporate activities in a Minute Book, your corporation risks hefty fines. In addition, there is no way to assure anyone you may do business with, an investor or buyer or the bank, that everything you did with your corporation was above board.

Commercial Leasing [$900: review and written analysis]

So, you've got a commercial lease before you. It talks about a whole lot of things. One thing mentioned is a right to the renewal of the lease. Perhaps the words make sense. Perhaps you read them. Perhaps you move on. Wait. Is there a difference between the "renewal" of a commercial lease and the "extension" of that lease? The answer is "yes"! In a renewal, the lease terminates for a split second at the end of the original term, and in that split second, a number of provisions in the lease can fall away! These are provisions known to lawyers as "personal covenants" - they don't have to do with the lease of land or space per se. For example, the right to buy the building is a personal covenant, it has nothing to do with the right to occupy the building per se. Imagine if you had signed that lease, for a term of 5 years, and business was going so well that in year 7, after the renewal of the lease, you decided you'd like to buy the building. Imagine if the landlord decided not to sell. You'd argue you have an agreement, and the landlord would disagree, saying the lease was renewed, not extended. It may all end up in court. That is just one quirk of commercial leases. There are many, many others, and they can produce nasty surprises - the kind you want to save yourself from. Contact us, we can make sure your short, medium and long term interests are protected before you "ink the deal" and move into that ideal business space.

Contracts [$900: drafting or review and written analysis]

It would be obvious to state that contracts matter. They are present in many of the things we do in society, and they are often the grease of business - making it possible to acquire goods, deliver services, hire people, secure workplaces, retain suppliers, and so on. In many ways, they can be described as near-magical - they get signed once, allowing things to commence happening, and they often aren't brought to mind again unless things go wrong. Your business is unique, and so should the contracts that help your business function. We can say with confidence that a form or borrowed contract will always leave the user's business unprotected. Should things go wrong, the only recourse would be a very expensive visit to the court house. With contracts, it's always about an ounce of prevention being worth a pound of cure - people either get the terms right at the front end or they solve the resulting issues in court. With over a decade of work on contracts with an aggregate value approaching half a billion dollars, we are no strangers to using words and contracting principles to manage all kinds of high stakes, from the national to the personal. We can meaningfully undertake the drafting of any type of contract your business requires, review contracts you are thinking about signing, or negotiate contracts to ensure your interests are reflected in the final draft.

Employee Hiring [$900 per 7 page agreement drafting]

In many instances, businesses can't grow without good employees. You know this, and so you've hired, or you are looking to hire. Welcome to the minefield! With employees come performance and discipline issues, the need for termination terms, severance considerations, vacation days, sick days, training and risk management. Perhaps you downloaded a template employment agreement off the internet. That should work. Easy. Right? Not quite. For one, there are thirteen jurisdictions with laws related to employment in Canada; fourteen if you count federally regulated industries. In which jurisdiction is that template employment agreement applicable, and in which is it entirely inapplicable? Also, even if drafted for the right jurisdiction, how well does it reflect the laws of that jurisdiction? Is it a 10 year old agreement someone scanned and placed online or is it up to date? In addition, how well does it fit the type of operation and the type of employee you have? A 40 year old tool & die technician is very different from a 22 year old cashier in all respects. It really is best to step away from the minefield. We can help you get hiring, employee relations, and firing right, beginning with an employment agreement tailored to your needs.

Estate Planning & Succession for Business Owners [from $1475]

You own a business? You need a Will. Your business is incorporated? You need two Wills! Okay, that may be tongue-in-cheek, but only partly. The fact is that specific circumstances - and in some instances specific advantages - apply to business owners with corporations. In the context of Wills and succession planning, that includes the possibility of putting together a "dual Will" in order to sidestep probate fees on the business corporation. The same applies to real estate holdings. Since probate fees can be substantial, a "dual Will" is definitely something you should strongly consider. Of course, without a Will, the government gets to decide how your estate, including your business, is divided. More often than not, that means you are leaving behind a mess. That said, succession planning is more than your Will or Wills, it is about casting your mind to what you want to see happen with your loves ones, with your assets and with your business, and then putting all the legal elements together to ensure those things will happen. It means being aware of challenges, benefits and options, and making an informed decision regarding each. Your starting point is to contact us. Let us devise and implement a strategic approach for your succession planning, including your Will - singular or dual.

Franchise Law Services [from $4775]

You are about to buy a franchise. You must be excited. Of course, in some cases, that is tempered by some trepidation. Both excitement and trepidation are good, both are needed in healthy doses. Franchise agreements are unique agreements, with many terms that aren't found in most other commercial situations. Before you sign on the dotted line, it is very, very important to ensure you can live with the terms, that you know what you can or can't do, and that you are fine with the level of control or lack of control involved. There are other considerations - corporate structure, intellectual property, the franchise structure, good faith requirements, disclosure requirements, the leasing of premises, and so on. About to buy a franchise? Contact us first.

Trademarks and Brand Protection [$775]

You've worked hard on developing a unique brand, and it's working - people look at your logo and they know quality stands behind it. Here is the question - is your brand protected? Can someone else or a different corporation, based here in Canada or elsewhere, swoop in and claim your brand is actually theirs? It happens way more often than one would like to think. A cease and desist letter arrives, essentially telling an entrepreneur to stop using his or her logo and other brand elements. "Well, I am incorporated", you say? Truth is, that doesn't matter! Incorporation allows you to operate with a number of benefits, including a corporate name, but it does not confer business name protection. There is a meaningful difference between the two. The result? The fruits of your hard work can be in real jeopardy. In fact, unless you take the right steps, someone else can see your logo, like it, register it, own it, and either send you back to the drawing board or push you entirely out of business. What you need is trademark protection, the objective of which is to help ensure that what should be yours, what you are set to work hard on or what you are already working hard on, is actually yours.