Alberta Non-Profit Company – Incorporate Under Part 9 of the Companies Act

ACS is a private company. Our CORES-trained agents prepare your filing and submit it through a licensed Alberta registry agent. We are not a government office or a registry agent.

Non-profit company vs society in Alberta: which structure fits?

Alberta offers two main provincial structures for a non-profit. A society is formed under the Societies Act by five or more people for social, recreational, cultural or charitable purposes. It cannot carry on trade or business, and it cannot pay dividends or distribute its property to members.

A Part 9 company (a non-profit company under Part 9 of the Companies Act) is the alternative for a non-profit that operates more like a business. Which one fits depends on what your organization will do, so get legal advice on the choice before you order. We incorporate either one. This page covers the non-profit company; the Alberta society page covers the other.

Registered charity status is separate from both. It is granted by the Canada Revenue Agency after the organization exists, through a CRA application rather than a registry filing. If charitable status is the goal, incorporate first and then apply to CRA for charitable status.

Who this is for

• Founders whose lawyer or accountant has recommended a Part 9 company rather than a society, and who want the paperwork prepared and checked by someone who files them regularly.
• Organizations that will run programs, charge for services or hold property and have been told a society may not fit the way they plan to operate.
• Groups planning to apply for registered charity status later, who need a legal entity before CRA will consider them.
• Organizers who are not sure which structure is right and want the difference explained in plain language before they pay.

How it works

1. Order online (about 15 minutes). Enter the proposed name, the purposes, the directors and the addresses. The total price is shown before you pay.
2. We order and review the Alberta NUANS report (a name search that reserves your name for 90 days) and check the name for conflicts with existing Alberta names.
3. We draft the incorporating documents (1–2 business days) from your answers, then send them to the incorporators to sign.
4. We file through our licensed registry agent partner, [Partner registry agent name], within 1 business day of receiving the signed package.
5. We email the Certificate of Incorporation and every filed document as PDFs as soon as Corporate Registry issues them.

Common mistakes we catch before filing

• Purposes written like a business plan ("to earn income for the members") when the company must be non-profit.
• Choosing a Part 9 company when a society would serve, or the reverse, without advice on the difference.
• A name that clashes with an existing Alberta name, or one missing a required element.
• A NUANS report that will be more than 90 days old by the day the signed package comes back.
• Treating incorporation as charity registration. CRA registration is a separate application that comes after the company exists.

What you need before you start

1. A proposed name. We check it against the Alberta NUANS report before anything is drafted.
2. Your purposes. Short statements of what the company exists to do, written as non-profit aims.
3. Incorporators and directors. Full names and addresses for everyone who will sign and everyone who will sit on the first board.
4. A physical address in Alberta where Corporate Registry can send notices.
5. Membership and meeting rules. Who can be a member, how meetings are called and how directors are elected. We ask plain-language questions and draft from your answers.
6. Valid ID for the person who signs as our contact, which our registry agent partner requires.

Requirements in Alberta

• Statute: Part 9 of the Companies Act, the Companies Act non-profit route in Alberta.
• Nature: non-profit. This is the structure for a non-profit that operates more like a business, as opposed to a society formed for social, recreational, cultural or charitable purposes.
• Name: supported by an Alberta NUANS report less than 91 days old.
• Documents: the Part 9 incorporation forms filed with Corporate Registry.
• Government fee: paid on your behalf and included in the price.
• After incorporation: an annual return with Corporate Registry each year, and, if you want charitable status, a separate application to CRA.

Most non-profit companies go from order to filing in 1–3 business days once the signatures are in.