Federal Incorporation Service

What are the most common types of academic offences that university students can be accused of?

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• Plagiarism
• Cheating
• Fabrication
• Misrepresentation
• Tampering with grades
• Unauthorized collaboration
• Multiple submission
• Unauthorized possession of exams
• False citation
• Facilitating academic dishonesty

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What conduct is deemed as “Plagiarism” in the context of academic work?

Plagiarism involves using someone else’s work or ideas without proper attribution. This can include copying and pasting text from a source, paraphrasing without citation, or using someone else’s ideas without giving them credit.

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What conduct is deemed as "Cheating”?

Cheating involves gaining an unfair advantage in academic work. This can include looking at someone else’s answers during a test, using unauthorized materials during an exam, or collaborating with other students without permission.

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What conduct is deemed as “Fabrication”?

Fabrication involves inventing or falsifying information. This can include creating data for a research project, forging a signature on a document, or falsifying academic credentials.

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What conduct is deemed as “Misrepresentation”?

Misrepresentation involves providing false or misleading information. This can include lying on an application or resume, misrepresenting your academic record, or misrepresenting the work you’ve done on an assignment.

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What conduct is deemed as “Tampering with Grades”?

Tampering with grades involves changing or altering academic records. This can include hacking into a school system to change grades, altering a transcript, or altering a professor’s assessment of your work.

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What conduct is deemed as “Unauthorized Collaboration”?

Unauthorized collaboration involves working with others without permission. This can include collaborating on an individual assignment, collaborating on a group project without permission, or sharing work without permission.

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What conduct is deemed as “Multiple Submissions”?

Multiple submissions involve submitting the same work for multiple assignments without permission. This can include submitting the same essay for two different classes, submitting the same work for a resubmission without permission, or resubmitting someone else’s work as your own.

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What conduct is deemed as “Unauthorized Possession of Exams”?

Unauthorized possession of exams involves obtaining and using confidential information. This can include stealing an exam, sharing exam questions with others, or using an unauthorized copy of an exam.

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What conduct is deemed as “False Citation”?

False citation involves providing false or incorrect information about sources. This can include citing a source that doesn’t exist, citing a source that doesn’t support your argument, or using a fake source.

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What should I do if I am accused of academic misconduct as an international student?

If you are accused of academic misconduct, it is important to take the situation seriously and act quickly. Your first step should be to review your institution’s policies on academic misconduct to understand the process and your rights. You may also want to seek legal advice or guidance from your institution’s international student office.

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Can I be expelled from my program if I am found guilty of academic misconduct?

It is possible to be expelled from your program if you are found guilty of academic misconduct, but the severity of the penalty will depend on the nature of the offense and your institution’s policies. Some institutions may offer lesser penalties for first-time offenses or minor infractions.

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What are the consequences if an international student gets expelled due to academic misconduct?

If an international student gets expelled due to academic misconduct, they may face several consequences, including:

• Revocation of their student visa: International students are required to maintain their student visa status while studying in a foreign country. Expulsion due to academic misconduct can lead to the revocation of their student visa, which can make it difficult or impossible for them to continue studying or working in that country.
• Difficulty obtaining future visas: Expulsion due to academic misconduct can also make it difficult for international students to obtain visas for other countries in the future. Many visa applications require applicants to disclose any previous expulsions or academic misconduct, which can result in the denial of their visa application.
• Damage to their academic record: Expulsion due to academic misconduct can also have a negative impact on an international student’s academic record. This can make it difficult for them to be accepted into other academic programs or obtain employment in their chosen field.

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Should I consider using a lawyer if I am charged with academic misconduct?

It is recommended that you consider using a lawyer if you are charged with academic misconduct. A lawyer can help you understand the charges against you, your rights, and your options for defense. A lawyer can help you review or draft your explanation letter and can also represent you in any meetings or hearings related to your case.

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Should I draft an explanation letter to the university myself, or should I seek the help of a lawyer?

It is recommended that you seek the help of a lawyer to draft an explanation letter to the university if you are accused of academic misconduct. The explanation letter is an important part of your defense, as it provides you with an opportunity to explain your actions and defend yourself against the charges.

A lawyer can help you write a clear and effective explanation letter that addresses the allegations against you and highlights any mitigating circumstances or factors that may have contributed to the alleged misconduct. They can also help you ensure that your letter is respectful and professional and that it adheres to the policies and procedures of your institution.

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Does Brazil follow the "first to use" or "first to file" principle in trademark law?

Brazil follows the “first to file” principle in trademark law. This means that the first person or entity to file a trademark application with the Brazilian National Institute of Industrial Property (INPI) has priority in obtaining registration of the trademark.

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What can international businesses do to avoid trademark infringement and squatting in Brazil?

To avoid trademark infringement and squatting in Brazil, international businesses should conduct a comprehensive search for existing trademarks in Brazil before adopting and using a trademark. It is also recommended to register the trademark in Brazil as soon as possible to establish legal protection. Working with a local attorney who specializes in trademark law in Brazil can be beneficial.

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Can a Brazilian lawyer in one province represent a client in any court in Brazil?

Yes, a Brazilian lawyer who is licensed to practice law in Brazil can represent a client in any court in Brazil, regardless of the province where the court is located.

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Is international arbitration enforceable in Brazil?

Yes, international arbitration is enforceable in Brazil. Brazil is a signatory to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, which means that foreign arbitral awards can be enforced in Brazil. Additionally, Brazil has its own domestic arbitration law, which governs arbitration proceedings in Brazil and provides for the enforcement of arbitral awards issued in Brazil.

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How long is the liquidation process in China?

Liquidation can take up to 6 to 12 months or longer, depending on factors like the number of employees, local requirements, pending lawsuits, and unsettled debt or tax issues.

What's required to start the liquidation process in China?

A shareholders’ resolution is required, and the overseas holding company must approve the dissolution of the local subsidiary. A liquidation committee must also be formed.

What are the liquidation committee's responsibilities in China?

The committee must draft a liquidation plan, manage the termination of employees, liquidate assets, pay creditors, and conclude leases. It must also notify creditors of the business closure and draft a balance sheet.

What's a Pre-Liquidation Audit Report in China?

It’s a report to ensure the company’s accounts are in order prior to liquidation. An external provider can offer a more accurate investigation.

What happens after the issuance of the Audit Report in China?

The liquidation committee liquidates the company’s assets and sells them to pay off expenses, debts, fees, and taxes. If assets are insufficient, the company files for bankruptcy.

How can the requirement for notifying creditors be satisfied in China?

The company must make a public announcement, informing creditors about the liquidation and giving them time to declare their claims to the Liquidation Committee. A minimum of 45 days is required before proceeding to the next step.

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What is the most suitable legal structure for a new business in Canada?

The most suitable legal structure for a new business in Canada will depend on factors such as the business’s size, scope, and ownership structure. Common options include sole proprietorship, partnership, corporation, and cooperative.

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What is the difference between federal incorporation and incorporating a business at the provincial level?

Incorporating federally in Canada provides national recognition and the ability to do business across the country, while incorporating provincially provides recognition and legal standing in a specific province. The decision to incorporate federally or provincially will depend on factors such as the scope of the business and its growth potential.

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How do I incorporate a business in Canada?

First, prepare the Articles of Incorporation and file them with the government to register your business. If you want to name your corporation, complete a name search to ensure that your name is distinctive and available before reserving it for your registration.

After registration, file an initial return with the government to record the initial directors and officers of the company. Our vetted lawyers can help you throughout this process and ensure that your company is validly registered in Canada.

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How much does it cost to incorporate a business in Canada?

The cost to incorporate a business in Canada will vary depending on factors such as the legal structure, jurisdiction, and scope of the business. In general, fees may include government registration fees, legal fees, and other expenses associated with setting up a business.

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Can I incorporate a business by myself?

Yes, you can. However, we recommend that a qualified professional help you do it correctly from the start. The incorporation process involves setting up Articles of Incorporation, which could be complex for a layperson. If any details are incorrect, amending them later can be time and money-consuming. Having a professional take care of this work will save you significant time and expense.

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Do I need a lawyer to incorporate my business in Canada?

While it is possible to incorporate a business in Canada without the assistance of a lawyer, it is recommended to consult with a lawyer to ensure that the process is completed properly and to receive guidance on legal issues related to the incorporation process. Additionally, using a platform like Trustiics can provide access to vetted lawyers and make the incorporation process more streamlined and affordable.

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What is a numbered company?

In Canada, a numbered company is a type of corporation assigned a unique number by the government, rather than using a name chosen by the company. The number is used to identify the company for legal and administrative purposes.

Numbered companies are often used by entrepreneurs who are just starting a business and have not yet decided on a name, or who prefer to keep their business activities private.

Once registered, the numbered company has the same legal rights and responsibilities as any other corporation in Canada.

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How do I choose a business name?

Your proposed names must be distinctive and cannot cause confusion with other existing businesses, corporations, or trademarks.

Numbered Company: If you choose not to name your company, the government will automatically assign a number as the name of your company, e.g., “12345678 Canada Inc.” You cannot pick the number.

Company Name Search: Instead of having a numbered company, you can choose to name your company. Please note that if you name your company, it may take a little longer for the lawyer to complete the registration because name searches must be done first to confirm the availability of your proposed names.

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What is the “Residency Requirement” for directors?

At least 25 percent of the directors of a Canadian federal corporation must be resident Canadians, either a citizen or a permanent resident in Canada if a corporation has fewer than four directors. However, at least one of them must be a resident Canadian. Provincial incorporations in BC, Quebec, Ontario, and Alberta do not have this requirement.

In addition, corporations operating in sectors subject to ownership restrictions (such as airlines and telecommunications) or corporations in certain cultural sectors (such as book retailing, video, or film distribution) must have a majority of resident Canadian directors.

You should indicate whether a named director is a Canadian resident, regardless of whether they are a citizen or permanent resident.

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What does the term “classes of shares” mean?

Your corporation can issue one or more classes of shares, with each class having different rights, privileges, restrictions, and conditions. Preferred shares, for example, often have special rights or privileges, such as priority in receiving dividends or assets in the event of a liquidation. You should let the lawyer know if you only have common shares or if you will also have preferred shares, which is optional.

There is no limit on the number of classes of shares that can be set out in the articles of incorporation. If there is only one class of shares, those shares must, as a minimum, have the right to vote, the right to receive dividends (if the board of directors has declared any), and the right to receive the remaining property of the corporation after it is dissolved.

If there is more than one class of shares, each of the three rights must be assigned to at least one class of shares, but one class does not need to have all three. Also, each right can be given to more than one class. It’s important to clearly define the rights and restrictions of each class of shares in the articles of incorporation.

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What does “register a company” means after its incorporation?

You need to register your federal corporation in a province when your business expands to that province. This includes, for example, when you have employees, offices, operations, or other substantial assets in that province.

Simply making sales in that province does not necessarily mean you need to register in that province. If you are not sure whether you need to register in a particular province, the vetted lawyers on Trustiics can help you with that.

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What are the ongoing compliance requirements for incorporated businesses in Canada?

Ongoing compliance requirements for incorporated businesses in Canada may include filing annual reports and financial statements, maintaining proper record-keeping, and complying with federal and provincial tax laws. Failure to meet these requirements can result in penalties or legal consequences.

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What are the benefits of using Trustiics for incorporation services?

With Trustiics, you can get customized incorporation services from vetted lawyers across Canada, all at a transparent fixed service fee. Our lawyers have the expertise you need to make informed decisions about the legal structure, cost, and compliance requirements for your business. Plus, our online platform is convenient and easy to use, allowing you to manage your legal matters from anywhere. Trustiics is the smart choice for anyone who wants to incorporate a business in Canada with confidence.

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