- Under Ontario's Partnerships Act, a general partnership arises from the factual relationship of two or more people carrying on business together with a view to profit.
- Registration comes in only if the partnership operates under a name other than the partners' own combined legal names.
- Confirm whether you actually need to register.
When two or more people go into business together in Ontario without incorporating, they generally become a general partnership — often without realizing exactly when that happened. If you're trying to figure out how to register a general partnership, the first surprise is that no filing actually creates one.
Here's what does and doesn't need to be filed, and the step most new partnerships skip.
A Partnership Exists Before You File Anything
Under Ontario's Partnerships Act, a general partnership arises from the factual relationship of two or more people carrying on business together with a view to profit. There is no registration or filing that creates it — the partnership exists because of what the partners are actually doing, not because of paperwork. This surprises many people who assume "registering" is the step that makes them legal partners.
What You Do Need to Register
Registration comes in only if the partnership operates under a name other than the partners' own combined legal names. In that case, the operating name must be registered under the Business Names Act — the same registry and mechanics used for a sole proprietor's trade name.
Steps to Register a General Partnership's Business Name
- Confirm whether you actually need to register. If you're trading only under the partners' own full legal names combined, you may not need a name registration at all.
- Choose the partnership's operating name and check it against existing registrations.
- File the business name registration through the Ontario Business Registry, listing all partners.
- Pay the registration fee. As of mid-2026, this is $60 for a 5-year term — verify the current figure before filing.
- Keep the registration current and renew it before the 5-year term expires.
The Step Most Partnerships Skip — and Regret
A written partnership agreement is not a government filing requirement. But without one, the Partnerships Act's default rules govern things like profit-sharing, decision-making, and what happens if a partner wants to leave — defaults that may not reflect what the partners actually intended.
| Issue | Without a written agreement | With a written agreement |
|---|---|---|
| Profit and loss sharing | Default statutory rules apply | Partners set their own agreed split |
| Decision-making authority | Broad default rules on partner authority | Partners define who decides what |
| A partner leaving | Can trigger dissolution by default | Buyout or continuation terms can be set in advance |
| Liability exposure to third parties | Joint and several liability either way | Unchanged — a written agreement doesn't alter this |
What Happens When a Partnership Ends
Under the default rules, a partnership can be dissolved by a partner giving notice, by a partner's death or bankruptcy, or by agreement — and dissolution can wind up the whole partnership even if the remaining partners wanted to keep operating. A written partnership agreement can address this directly, for example by allowing the remaining partners to buy out a departing partner's interest and continue the business rather than winding everything up. Without that kind of provision, partners are left relying on the statutory defaults, which don't always match what everyone actually wants to happen.
Don't Forget Your Other Registration Obligations
Registering your partnership's business name is only one piece of getting properly set up. Depending on your business, you may also need to register for GST/HST once your partnership's revenue passes the small-supplier threshold, obtain a business number, and set up payroll accounts if you plan to hire employees. These are separate registrations from your business name filing, not automatic extensions of it.
Frequently asked questions
Does registering our partnership's name limit our personal liability?
No. Partners in a general partnership remain jointly and severally liable for the partnership's debts and for other partners' acts done in the ordinary course of business, regardless of whether the operating name is registered.
Do all partners need to be listed on the business name registration?
The registration needs to accurately reflect the partnership's structure and its partners. Confirm exactly what's required for your filing with whoever is handling it.
Can a partnership later become a corporation?
Yes — partners often incorporate as the business grows. This involves setting up a new corporation and transferring the business into it, with its own legal and tax considerations worth planning ahead of time.
Is a limited partnership the same thing as a general partnership?
No. A limited partnership is a distinct structure that requires its own government filing to exist, with at least one general partner who retains unlimited liability and one or more limited partners whose liability is capped as long as they don't take part in controlling the business.
Do we need a lawyer to register a general partnership's business name?
The registration itself is a straightforward filing, but pairing it with a properly drafted partnership agreement is where legal advice adds the most value — the agreement is what actually protects each partner if things don't go the way everyone expected.
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