Whether you want to restructure or expand an existing Company or you plan to start a new business, we can help you navigate the many aspects of owning a business.
Gallant Law is able to assist you in a variety of corporate matters, such as; Incorporations, Partnership Agreements, Asset and Share Purchase Agreements, Commercial Contracts, and Reorganizations and Amalgamations.
Gallant Law strives to add value to this process, such as providing various types of resources which may help the process. various methods of funding, as well as accountants to complete your team. Starting a business is time consuming and difficult. Gallant Law can assist with incorporations as well as registration of proprietorships for new businesses.
We are able to register a business name on your behalf, which includes arranging a federal or provincial NUANS search.
A Shareholder’s Agreement helps to govern the rights and resposibilities of each shareholder. These are necessary almost any time there is more than one shareholder in an incorporation.
Formally registering an organization with a charitable motive can sometimes be confusing. Gallant Law can help to incorporate any non-profit group as a society.
Partnership Agreements serve to identify all of the rights and obligations of each partner. They include a wide range of aspects, from capital contributions and profit sharing, to administrative tasks.
We are able to draft and review contracts on a wide variety of issues, from construction to employment matters and everything in between.
An amalgamation gives two or more Companies the ability to combine assets and liabilities. This may even be done with holding corporations. However, it is important to determine that amalgamation will not have adverse tax implications to either the amalgamating corporations or their shareholders. We work with accounting professionals to determine the best course of action for your business.
Extra Provincial Registration
If you are operating federally or within another province, but want to carry on business i Nova Scotia, we can assist you with the process of registering the business to operate in Nova Scotia. If you started your business in Nova Scotia and intend to carry on business in another province, Gallant Law can assist with the extra provincial registration for another province as well.
Whether you are at the idea stage of a new business, or ready to go, we can help you decide if incorporation is right for you.
If you no longer are operating your incorporated company, we can assist with winding up the Company so you will not have to carry on obligations moving forward, such as filing company tax returns.
A section 85 Rollover is used when a proprietorship “rolls over” into an incorporation. Essentially, the new incorporation will purchase the assets, and take on the liabilities of the proprietorship. These are frequently used for liability protection as well as for potential tax savings.
Often when small business owners move to Nova Scotia, they don’t realize that their business may have to move as well. We are able to help register your corporation from another jurisdiction in Nova Scotia.
Often businesses do not know what to look for when entering into a lease for commercial space. We can draft as well as review any commercial leases.
Sometimes with an existing business the share structure can be rearranged to increase tax savings, income split, and plan for the future. We can assist in this process working closely with your accountant.
Purchase & Sale of a Business
In the purchase or sale of a business is it possible to conduct a sale of the shares, or a sale of the assets. Each option holds different benefits, such as ability to keep the business name, and risks, such as liability. We can help you decide which option is right for you.
Many people dread getting a will. Even more people aren’t aware of the importance of a Power of Attorney or a Personal Directive. We understand that estate planning can be a daunting process. Gallant Law can help you to complete this process in a pain free manner. You will be surprised with how easy it was.
Without proper tools and planning, not only will you have no control over where your assets end up, but it could cost your estate substantially in the long run. With proper planning, and tools such as Wills, Power of Attorneys and Personal Health Directives, you can ensure that you have adequately planned your Estate. No one enjoys planning what will happen to their assets upon their death or incapacity. However, if necessary documentation and plans are not in place, a court may decide what happens with your assets and who will make your personal care decisions.
A Will comes into effect only on the death of the testator. Many times, there is a perception that because an individual was left an item in a testator’s Will, they now own the item.
A Personal Directive is a document that governs all decisions related to health and personal care, if an individual is no longer able to make such decisions for themselves. Within the Personal Directive, a trusted agent may be appointed to make such further decisions related to health and personal care following incapacity of the donor should the situation arise.
Power of Attorney
A Power of Attorney is a document which gives an appointed agent, the “Attorney” authority to act on your behalf in regards to financial and legal matters. This can be limited to a specific task, or broad in nature so that if you lose legal capacity, the Attorney can continue to act on your behalf. An Enduring Power of Attorney remains in effect upon the legal incapacity of the Donor.
Probate and Estate Matters
Lots of times clients will ask, “What is Probate?” Probate is the legal process of proving the validiity of the Will, and distributing the estate. We can help guide Executors through this process, and in the case of an intestate estate, we can help guide prospective Administrators through this process. Jill has experience in the probate of estates of many sizes and can assist you in navigating the process of opening and closing probate while you are acting as executor.
The most common form of estate administration is when the deceased did not have a will. In these cases, we can assist you with the process of applying as estate administrator, and guide you through the entirety of the estate administration.
If an Enduring Power of Attorney and a Personal Directive were not completed prior to an individual losing capacity, family members may have to go through the process of a Guardianship Application to be appointed as decision-maker for health and personal care, and financial decisions. Gallant Law can assist with this process.
Gallant Law represents clients on contested estate matters. If you are unsure as to your rights in relation to an estate matter, come in for a free consultation!