Business Name and Registration

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The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of a lawyer or you may directly contact and consult Alburo Alburo and Associates Law Offices to address your specific legal concerns, if there is any.

Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.

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AT A GLANCE:

A business name (BN) shall refer to any name that is different from the true name of an individual which is used or signed in connection with her/his business on any written or printed receipts, including receipts for business taxes, duties and fees and withdrawal or delivery receipts; any written or printed evidence of any agreement or business transaction; and any sign or billboard conspicuously exhibited in plain view in, or at the place of her/his business or elsewhere, announcing his or her business. (Section 4.4, DAO No. 10-01, s. 2010, as amended by DAO No. 10-08, s. 2010)

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Business Name

A business name (BN) shall refer to any name that is different from the true name of an individual which is used or signed in connection with her/his business on any written or printed receipts, including receipts for business taxes, duties and fees and withdrawal or delivery receipts; any written or printed evidence of any agreement or business transaction; an  any sign or billboard conspicuously exhibited in plain view in, or at the place of her/his business or elsewhere, announcing his or her business. (Section 4.4, DAO No. 10-01, s. 2010, as amended by DAO No. 10-08, s. 2010)

Department Administrative Order No. 10-08, Series of 2010 (DAO No. 10-08, s. 2010) of the Department of Trade and Industry (DTI) amends Department Administrative Order No. 10-01, Series of 2010 (DAO No. 10-08, s. 2010) or the Revised Implementing Rules and Regulations of Act No. 3883 otherwise known as the Business Name Law.

Under the Consumer Act of the Philippines (Republic Act No. 7394), “Business name, firm name, or style” means any name or designation other than the true name of a person, partnership, corporation or association which is used or signed in connection with his/its business or in

1) any written or printed receipt, including receipt for tax or business;

2) any written or printed contract not verified by a notary public;

3) any written or printed evidence of any agreement or business transaction; and

4) any sign or billboard kept conspicuously exhibited in plain view in or at the place of the business, announcing a firm name or business name or style. (Article 4, par. i, Consumer Act of the Philippines)

 

 

What is the purpose of registration of a business name?

The law says:

“The primary purpose of this Order is to provide protection to the public dealing with a business establishment through disclosure of the identity and citizenship of the person owning the business as well as other facts of records in the Department of Trade and Industry.

Secondly, this order is aimed at preventing a business establishment from using a name that is identical or confusingly similar to the name of another registered business establishment, except when allowed under these Rules.” (Section 2, DAO No. 10-01, s. 2010, as amended by DAO No. 10-08, s. 2010)

 

Who may register a business name?

The law says:

“A person who is at least eighteen (18) years old, doing business or proposing to do business in the Philippines under a BN as defined in this Order and who is not disqualified by any existing law or regulation to engage in business is qualified to apply for a BN Registration.” (Section 5, DAO No. 10-01, s. 2010, as amended by DAO No. 10-08, s. 2010)

 

What are the requirements for Registration of a business name?

Under Section 6, DAO No. 10-01, s. 2010, as amended by DAO No. 10-08, s. 2010, applicants shall comply with the following requirements:

1. Submission of a duly accomplished application form;
2. Payment of the prescribed fee and documentary stamp tax;
3. Presentation of original copy of any of the following identification documents, to wit:

•       Passport;
•       Valid Driver’s License;
•       Professional Regulations Commission (PRC) ID;
•       National Bureau of Investigation (NBI) Clearance
•       Police Clearance;
•       Postal ID;
•       Voter’s ID;
•       Government Service and Insurance System (GSIS) Unified Multi-Purpose ID;
•       Social Security System (SSS) ID;
•       Tax Identification Number (TIN) ID;
•       Overseas Workers Welfare Administration (OWWA) ID;
•       Seaman’s Book;
•       Government Office and GOCC ID, AFP ID, HDMF ID, PHILPOST ID, PHILHEALTH ID;
•       Integrated Bar of the Philippines (IBP) ID;
•       Senior Citizen Card; and
•       Persons with Disability (PWD) Card.

Foreign applicants shall be required to present, in lieu of the foregoing IDs, the original and a clear certified true copy of the Certificate of Authority to Engage in Business in the Philippines per Republic Act No. 7042 or the Foreign Investment Act, as amended, Republic Act No. 8762, or the Retail Trade Liberalization Law or other similar laws, if applicable. (Section 6, DAO No. 10-01, s. 2010, as amended by DAO No. 10-08, s. 2010)

Further, the application form shall contain, among others, the following information as required and specified by the Bureau:

1. Proposed BN and two alternative BNs, in the order of preference;
2. Full name of the applicant;
3. Complete residential address of the applicant;
4. Citizenship of the applicant;
5. Date of birth of the applicant;
6. Tax Identification Number of the Applicant;
7. Business Location, i.e., Barangay, City/Municipality, and/or region where the business is located, except when registration is national in scope; and
8. Undertaking. (Section 7, DAO No. 10-01, s. 2010, as amended by DAO No. 10-08, s. 2010)

Read also: Philippines Business Week

 

Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding taxation and taxpayer’s remedies, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.

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