What does a lawyer or notary actually add?
Anyone can fill out an online form to create a company. But the default government templates give you the most rigid, basic structure possible. A lawyer customizes the engine of your company.
They draft a robust "share capital" structure with multiple classes of shares (voting, non-voting, participating, dividend-only). They prepare the initial resolutions to properly appoint directors and issue the shares legally. These details seem boring on day one, but they become the foundation of your company when it's time to pay yourself dividends, bring in an investor, or sell the business.
Can my accountant just do it?
Accountants are absolute experts at tax strategy, but drafting legal documents (resolutions, bylaws, articles of incorporation) is the practice of law.
The best approach is collaborative: your accountant advises on the ideal tax structure (e.g., "we need a family trust and holding company"), and a legal professional drafts the documents to ensure they hold up in court and comply with the Business Corporations Act. Using a hybrid platform that involves legal professionals ensures you get the best of both worlds.
What if I have partners?
If there is more than one shareholder, an incorporation is just step one. Step two is a Shareholders' Agreement. This is where legal advice is non-negotiable.
A shareholders' agreement dictates what happens in worst-case scenarios: what if a partner leaves, goes bankrupt, gets divorced, or dies? What if one wants to sell and the other doesn't? A lawyer will draft mechanisms like "shotgun clauses" and "drag-along rights" to protect the business from being paralyzed by partner disputes.
Fixing a bad incorporation vs doing it right
We frequently see entrepreneurs who incorporated themselves using basic government forms with only "Class A" shares. Three years later, they want to pay a spouse a dividend or add a partner, but the share structure is too rigid or tax-sensitive to do it cleanly.
To fix this, a lawyer may have to file articles of amendment or reorganize the share structure, which can cost much more than doing the structure properly on day one.
If incorporation makes sense for your situation, the best 2026 strategy is simple: set up the structure properly from day one, with clean documents and a clear plan for taxes, shares and compliance.
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