A Certificate of Status is sometimes called a Certificate of Compliance or a Certificate of Good Standing and in Ontario a Certificate of Status is issued by the Ontario Ministry of Government Services. All companies can obtain a Certificate of Status in the jurisdiction in which they have been incorporated.
Sometimes a Certificate of Status is requested by an institution in order to confirm that a corporation has met its legal requirements and considered in good standing by the government.
The Certificate of Status for an Ontario company will provide the name of the company, the Ontario corporation number issued by the Ministry of Government Services and its status whether it is or is not in good standing.
All Ontario companies have to file a federal tax return within six months of the financial year end of the company in each year. If returns are not filed the tax department will request the Ontario Companies Branch to dissolve the company. If a Certificate of Status is ordered for a dissolved company it will not be clear.
An Ontario company has a statute requirement to file an annual return each year and it the return is not filed the company will end up being dissolved by the Companies Branch. A clear Certificate of Status cannot be obtained if a company is in default of not filing its annual returns.
When you order an Ontario Certificate of Status it will be issued whether it is clear or not and you cannot get your money back if it is not clear. The Certificate will show the company is not in good standing. Before you will be able to obtain a clear Certificate of Status you will need to update your filings. Any document that is being certified by the Ontario government has a high cost to it. Therefore you will want to ensure that you know in advance whether your company is in good standing so you do not have to order the certificate more than once. If you have outstanding tax returns you can still get a favourable Certificate of Status as long as you have not been dissolved for this reason but you will not receive a favourable certificate if Ontario annual returns are outstanding
In my experience sometimes individuals are not clear on the document they need to obtain. An individual may wish to determine who the directors and officers are of a company. In this case an Ontario Corporate Profile is required rather than a Certificate of Status.
If your corporation is selling or buying property, is entering into a major contract, wants to register a car against the corporation, a Certificate of Status might be requested by the law firm, by the government or the bank involved. Any corporation might be asked for confirmation that it has made its proper filings and be requested to provide a Certificate of Status.
Resources for Canadian Business Owners provides information about Certificates of Good Standing for Ontario Companies and other legal products including Ontario Company Searches.. Free reprint available from: Need an Ontario Certificate of Standing for a Company?.