The Methods of Incorporation in Canada

Jumping ship from an outdated legacy system is a daunting prospect, but sticking with it will eventually create more problems than it’s worth.

Among other issues, your firm can face security breaches, non-compliance and the threat of being forced to migrate.

This guide will help you understand the risks of delaying migration and the benefits of moving to a modern system like Minutebox.

What Is Legacy System Data Migration?

Legacy system data migration involves transferring all records and data from outdated on-premises software to a modern, cloud-based platform.

For law firms and legal teams, this means shifting corporate records, such as minute books, ledgers, compliance data and legal records, onto a centralized legal entity management solution.

Common legacy systems include older tools like Corplink, ALF, Fast Company, Emergent and even Excel-based setups. While these tools may have worked well in the past, they often lack the security, efficiency and compliance features needed to meet today’s legal demands.

Why Law Firms and Legal Teams Are Moving Off Legacy Software

When a system causes more frustration than value, it’s a clear sign it’s no longer suitable.

Common issues with legacy systems include:

• Outdated user interfaces that make simple tasks time-consuming
• Lack of vendor support and software updates
• The threat of an end-of-life announcement
• Security vulnerabilities that put sensitive client data at risk
• Slow and tedious manual workflows that get in the way of productivity
• Support SLAs that no longer meet law-firm standards

The reality is that even if an older system still functions, it may not serve your firm’s best interests. 

Without regular updates or reliable support, problems grow over time, increasing the risk of data loss or compliance failures. These issues can disrupt business continuity and, in worst cases, lead to complete data loss.

For law firms and legal teams, the advantages of moving to a modern platform that supports efficiency and security greatly surpass the challenges of remaining on a legacy system.

Understanding the Cost of Inaction

Staying on a legacy platform might seem like the path of least resistance, that is, until a major issue occurs.

Delaying migration until something “big” happens results in other consequences that might not be so obvious upfront.

For instance, legacy systems rely on manual processes that take up a sizable portion of the day and increase the chance of errors.

And systems that have failed to keep up with the needs of law firms and legal teams often require complicated workarounds. Or they may use proprietary or restricted data formats, which can limit your ability to access and manage your data freely.

Older systems also demand more maintenance, pulling IT resources away from other priorities and driving up costs.

Additionally, vendor risks, such as platform sunsetting, can force migrations on unfavorable terms. The various software owned by Dye & Durham is a prime example of this. Firms using tools like Corplink, Fast Company, Minit Inc and Emergent may face challenges due to vendor-driven migrations, such as the transition to Unity Entity Manager. 

For example, the Fast Company subscription agreement states that Dye & Durham can use customer data to test and validate migration to Unity, with only 30 days’ notice before moving data to the cloud. This can create difficulties for firms, as it limits their control over the migration process and timeline, especially when transitioning from on-premise to cloud-based solutions. 

More critically, it raises data governance and privacy concerns. Most firms require significant IT, privacy and risk assessments before transferring sensitive client data to a cloud environment. Without adequate notice and control, such a migration may breach obligations under privacy legislation like PIPEDA, GDPR, Quebec’s Law 25 or the California Consumer Privacy Act (CCPA), and may also conflict with Canadian data residency requirements or violate terms of client retainer agreements.

Waiting until a crisis forces your hand can leave your firm scrambling to secure data or adapt to new workflows, creating unnecessary stress and risk.

What to Expect When Migrating to MinuteBox

Migrating to a new system seems like a monumental task, so it’s tempting to seek out a platform that promises to migrate your data within 24 hours.

As convenient as this sounds, the “one-size-fits-all” approach comes with a fresh set of problems. It often means zero customization and a rushed onboarding process that skips over the things that really matter, like training your team, configuring system settings to suit your workflows, adapting firm precedents and ensuring change management is handled properly. 

While it might be enticing to see your data migrated in 24 hours, that’s only part of the story. The truth is, data migration is the easy part—any vendor can do that. What truly sets a successful transition apart is a thoughtful onboarding plan tailored to how your firm operates, ensuring long-term success, not just short-term convenience.

MinuteBox offers flexible migration plans designed to fit your firm’s unique needs, including options for tailored onboarding.

Here’s what to prepare before migrating:

• Provide a data snapshot: Export your current database or records from your legacy system, such as Corplink, Fast Company or Emergent. Your IT team may assist with this step, but MinuteBox can guide you through the process if needed.
• Share key documents: Submit materials like your firm’s logo, letterhead, standard share terms, retainer agreements, client intake forms and incorporation questionnaires within two weeks of signing your order form to support customizations.
• Identify key team members: Assign staff with knowledge of your entities to assist with data review and validation during the migration process.

The migration process follows these steps:

• Initial assessment: The process starts with an initial data assessment and how your firm uses its current system. This includes determining whether a database-to-database import (flexible, for systems like Corplink or Enact) or a record-to-database import (for systems like Fast Company) is best, based on your legacy platform.
• Data mapping and import: Legacy data is often messy and unstructured. MinuteBox unravels and organizes your data into a structured, legal-friendly format, tailored to your firm’s needs, where possible. MinuteBox performs an initial import, followed by a review phase where your team verifies a sample of entities (for ex., 20 entities).
• Feedback and refinement: Your feedback on the initial import helps MinuteBox adjust mappings based on your firm’s unique use of the legacy platform and resolve issues. This iterative process typically involves one to two data transfers, depending on the complexity of your database.
• Finalization and onboarding: Once adjustments are complete, the import is finalized and your team transitions to full use of MinuteBox, supported by training and ongoing assistance.

The MinuteBox team has extensive experience in handling migrations from legacy and other platforms, such as:

• Corplink
• Alf
• Enact
• Emergent
• Fast Company
• Athennian
• Appara
• Diligent
• hCure
• Corporate Focus
• and more…

Therefore, we understand and are well-versed in handling the data structures, workflows and challenges each system presents. 

Our team’s approach ensures your firm’s data is not only transferred accurately, but it’s also optimized for the unique way your firm operates.

Full onboarding is assured, with options for dedicated support from an onboarding specialist, depending on your plan. Ongoing training and resources are also available to help your team use MinuteBox to its fullest potential.

How MinuteBox Makes Data Migration Smooth and Secure

We take security and compliance seriously because we know how crucial it is for law firms and legal teams.

MinuteBox is SOC 2 Type II, ISO 27001, 27017 and 27018 audited and compliant. 

All files are uploaded using pre-set secure links to designated folders. Granular access controls prevent unauthorized changes and every action, from logins to data edits, is tracked in a comprehensive audit trail for accountability.

The role of your IT team during the migration process is minimal but valuable. They may assist with exporting the legacy database, but MinuteBox handles the core migration tasks, including data mapping and import. If your firm lacks IT resources, MinuteBox’s team manages the entire process, making it accessible for all firms.

Post-migration, MinuteBox offers ongoing support from legal tech specialists to address any questions or issues.

Finally, you can rest assured that MinuteBox offers fully compliant systems and workflows via its market-leading privacy standards and data processing agreement (DPA).

Gaining Control After Migration: No Vendor Lock-In

We already mentioned that some legacy system vendors force you to migrate, whether you want to or not.

In the case of Dye & Durham, there has been widespread discontent, particularly regarding the DoProcess acquisition and subsequent price hikes that firms have been forced to pass on to clients.

This lack of choice and freedom demonstrates that it not only affects law firms and legal teams but also has a detrimental effect on their clients.

In contrast, MinuteBox gives firms control over all their data. We refuse to lock our users into closed ecosystems such as Fast Company’s unstructured hex/binary setup or Corplink’s proprietary 4D database.

Instead of trapping customers in an inescapable system, each customer retains full control over their data. MinuteBox assures openness and full autonomy every step of the way, including:

• Storing data in open-standard, structured JSON files.
• Enabling on-demand data export.
• An enterprise backup module allowing law firms and legal teams to maintain a full, cloud backup of their data that is completely within their custody.

Is It Time to Migrate Your Firm’s Legal Data?

If your legacy system causes constant frustration, it’s time to consider an upgrade.

We encourage you to evaluate your current system. If you find any of the following problems, then it’s time to explore your options:

• A user experience that nobody enjoys
• Constant manual data input and convoluted workarounds
• Limited or non-existent collaboration tools
• Security and compliance breaches (or near misses)
• The inability to integrate properly with modern tools like DocuSign, government registries and World Online

If these issues sound familiar, we invite you to a free data migration consultation with MinuteBox to learn how we can free your data via a custom plan.

Conclusion: Your Data Deserves Better

Your firm’s data is too important to remain trapped in legacy software. Your success hinges on data control, high security and retaining structured records, all things that outdated platforms can no longer provide.

Even though you may feel stuck, rest assured that you are not. Switching is not hard when you have the right support by your side.

With MinuteBox, the transition is straightforward and supported every step of the way. You gain a modern platform that prioritizes security, efficiency and flexibility, all while retaining full autonomy over your data.

Migrate to MinuteBox and see what we can do for you

Migrate to MinuteBox

FAQ – Data Migration from Legacy Systems: A Seamless Transition for Law Firms & Enterprises

Will my firm lose any data during migration?

With MinuteBox, we do our best to migrate your data as completely and accurately as possible, outperforming other vendors. Our goal is to transfer all your usable data, but some older legacy systems might have issues like corrupted or incompatible data that can make things tricky. 

Our team works closely with you to keep problems to a minimum and make the migration as smooth as possible.

Is MinuteBox secure enough for sensitive legal records?

Yes, MinuteBox is secure enough for sensitive legal records. We are SOC 2 Type II, ISO 27001, 27017 and 27018 audited and compliant. Additionally, granular user controls, audit trails and market-leading privacy and data policies keep your data safe and secure during the migration process and beyond.

Can I migrate only part of my entity data to start?

Yes, MinuteBox supports partial migrations, allowing your firm to test the platform with select entities or datasets before committing to a full migration.

How many times does data need to be transferred during migration?

Data is typically transferred twice: once during an initial test import and again during the final cutover. The timing and structure depend on the scope of your migration agreement. If the data import requires an extra cutover review, plan for additional time to avoid errors.

Can MinuteBox integrate with my firm’s existing tools?

Yes, MinuteBox supports integrations with Single Sign-On (SSO), iManage, DocuSign, Adobe Sign and Intapp Walls, depending on your plan. It also offers data exports in formats that can be imported into Aderant for billing purposes.

On December 13, 2018, Bill C-86 received Royal Assent, thereby amending certain provisions of the Canada Business Corporations Act (“CBCA”).

The updated provisions include new record keeping requirements for private companies incorporated under the CBCA. As of June 13, 2019. The updates affect those with “significant control” of a company defined as:

Section 2.1(1)

• (a) an individual who has any of the following interests or rights, or any combination of them, in respect of a significant number of shares of the corporation:
  • (i) the individual is the registered holder of them,
  • (ii) the individual is the beneficial owner of them, or
  • (iii) the individual has direct or indirect control or direction over them;
• (b) an individual who has any direct or indirect influence that, if exercised, would result in control in fact of the corporation; or
• (c) an individual to whom prescribed circumstances apply.

A “significant number of shares” is further defined as:

Section 2.1(3)

• (a) any number of shares that carry 25% or more of the voting rights attached to all of the corporation’s outstanding voting shares; or
• (b) any number of shares that is equal to 25% or more of all of the corporation’s outstanding shares measured by fair market value.

Summary

Private CBCA corporations must now maintain a register of all individuals who fit the above description, and include in the register the names, birth dates, residence (for tax purposes) and other required data.

Shareholders are now obligated to provide true and accurate information when requested by the corporation.

At least once per financial year, the corporation must review and update this information. Once the corporation is aware of any changes, it has 15 days in order to amend the register accordingly. Failure to properly update the information can result in fines of up to $5,000. However, directors or shareholders knowingly providing false information can result in fines of up to $200,000 and/or six months of imprisonment.

The CBCA requirements ensure that corporations (or the law firms that manage the records for those corporations) must undertake a greater number of tasks each year to ensure the corporate records’ compliance.

The process of updating minute book records will be daunting and tedious, especially if the information is stored in physical minute books binders. Document generation tools and clearly organized cloud-based data and databases can make compliance with the new requirements more manageable.

While the new requirements apply only to privately held CBCA corporations, it is certainly possible that the provincial legislatures will debate and perhaps adopt similar requirements.

At MinuteBox, we have already begun internally testing some new features (to be released in 2019) built specifically to support lawyers and clerks through this process.

This piece is a list of suggestions and helpful solutions in order to help us, as a legal community, get through the tumultuous times, and ensure we are in the best possible position when this is all over (it will happen… I swear!).

Here we are. The vast majority of lawyers are working from home, trying to find a sense of normalcy in a world that changes by the hour (sometimes less). I always knew the legal industry would undergo a cataclysmic change, but never in my wildest thoughts did I envision a global pandemic would be the catalyst.

Let’s get one thing clear. There is no single-source rule book for how we, as a profession, undertake our role in the current circumstances. These are uncharted waters and we are all navigating them for the first time. Good luck!

But I firmly believe lawyers are smart and resourceful. They will find ways to provide services to clients and ensure the job gets done.

Even at times when we feel helpless as professionals, there are steps lawyers and law firms can take to ensure our industry makes it through this crisis:

Communicate with your clients: Ensure they are well accommodated. A simple phone call goes a long way to build goodwill. In times of uncertainty, “Hi, how are you?” shows concern and empathy. Find out what kind of support they need and offer your services, if you can.

Communicate with other lawyers: One big (normal) fear we may have is that other lawyers are farther along in their management of this crisis than we are. This can lead to uncertainty, anxiety, paranoia and doubt. Rest assured, every lawyer is feeling the stress and everyone is, to at least some degree, underprepared for a situation like this. Speaking with colleagues will not only help settle your thoughts, but may also introduce you to some novel solutions they have uncovered which can help your practice as well.

Explore what doesn’t work: What PAIN POINTS are you specifically feeling now when it comes to your ability to practice? What is not working and what needs fixing. What really grinds your gears when it comes to your practice? These might not be identified immediately, but over the coming weeks, begin to explore which processes are important and which are dead weight.

Take stock of your processes: Do a little process mapping. How were things done before the current health crisis? How are they done now? What can be improved and what was waste? Process mapping for different parts of your practice can help zero-in on areas that can be improved.

Take advantage of government resources: The federal and provincial governments have been providing capital for businesses and individuals. It is important to inform your clients about what’s available, but also determine if you or your firm is eligible. Find out if you are eligible for the Temporary Wage Subsidy (TWS), the Canada Emergency Wage Subsidy (CEWS), the Canada Emergency Business Account (CEBA) and the Canada Emergency Response Benefit program (CERB).

Don’t be afraid to push the envelope when it comes to novel ways to practice: Remember, above all else your duty is to provide service to your clients (in a safe, ethical and secure manner). Think outside the box and be a trailblazer!

Embrace the quiet: Lawyers are notoriously busy, always working on client deadlines (whether actual or self-imposed). Without a doubt, those times will return, guaranteed! But in the meantime, enjoy working fewer hours. Embrace a 9-5 work routine. Take an extended lunch at the kitchen table. Watch an episode of the Price is Right (it’s good for the soul!).

Take the time to be honest with yourself: Anxiety, nervousness and fear are human emotions. And although we sometimes work superhuman hours, we must find time to cope and express our emotions to ourselves and to others.

As lawyers, we are made to feel we have all the answers all the time. It’s alright to take a little bit of time to find the best approach to provide optimal service to your clients and yourself.

If you remember nothing else, remember Rule # 1: Stay healthy. The rest we can figure out together!