Monday, September 11, 2006
Register a Business Name at DTI
A business name is a name under which a business operates. Business name registration is compulsory and must be completed before the business starts operating.
Choosing the right name for your new business is extremely important. Your business name distinguishes your products and services from those of your competitors, and helps to establish your identity in the marketplace.
In determining whether a business name submitted for registration is acceptable the following factors shall be considered:
- The root word or words of the name shall be considered. (e.g. "Island" instead of "Islander")
- The business name should describe the nature of the business.
- It should be comprised solely of any or all of the following:
- Letters, numerals, and punctuation that are part of the English and Filipino language.
Names which are not acceptable:
- Those which are or whose nature of business are illegal, offensive, scandalous, or contrary to propriety.
- Those which are identical or nearly resemble business names already registered with the Department of Trade and Industry, the Securities and Exchange Commission (SEC), Cooperative Development Agency (CDA), Department of Labor and Employment (DOLE) or any other government office authorized by law to register names, because these are likely to cause confusion or mistake in the minds of the public and prejudice the interest of the owner of the registered business name or firm name taking into consideration the following:
- nature of the business
- product/service handled
- location/place of the business
- general appearance, spelling, sound and meaning
- use of dominant/descriptive words and
- such other factors as maybe determined by the BTRCP Director
- Names composed purely of generic words;
- Name which by law or regulation cannot be appropriated;
- Names, words, terms, or expressions used to designate or distinguish, or suggestive of quality of any class of goods, articles, merchandise, or service;
- Names or styles used by the government in its governmental functions;
- The names or abbreviation of names, of any nation, inter-governmental or international organization unless authorized by the competent authority of that nation, inter-governmental or international organizations;
- Names which are deceptive, misleading or which misrepresent the nature of the business;
- Such other names which in the opinion of the Director are undesirable or analogous to the above.
1. Choose a Business Name
We suggest you think of at least three business names in case your first preference is not available.
If the name you have chosen is already registered or is similar to a name which is already registered, you may have to consider your next preference.
2. Search for a Business Name
You may use the online search facility to find out if your proposed business name is still available and can still be registered.
It is your responsibility to ensure that your proposed business name does not infringe on any existing trademarks.
The final determination on the availability and suitability of the name you wish to register will be made by a DTI Examiner once we have received your application.
3. Register your Business Name
Register your Business Name by completing the business applicant profile registration.
How do I complete the application?
When completing your application for registration on-line, there are certain items of information that are mandatory. If these items are left blank, you will receive an error message prompting you to complete them.
Among these items are:
- Tax Identification Number (TIN)
- Email address
- Zip code
In addition, if the business you are registering is a branch, a franchise or was acquired from a previous business, additional items such as the exact business name of the franchise, main office and/or certificate number and date of registration of the acquired business are also required.
There also some items of information that may be of particular concern when completing the application. For example:
- What is/are your business activity(ies)?
- What is/are your product(s) and/or services?
- What is your Philippine Industrial Classification System (PSIC) code?
4. Submit Documentary Requirements
After you submit this application, A DTI Business Name examiner will review it for completeness.
Registration is not complete until a signed copy of the Transaction Reference Number acknowledgment form is returned to DTI.
5. Pay your Application
The completed application and correct fee can be paid at the DTI office indicated in your Transaction referece number (TRN) acknowledgment form.
Our business hours are Monday to Friday 8.00am to 5pm. For documents to be processed by 5pm they must be lodged with the cashier by 4.45pm.
The Officer attending will assess your application and determine the suitability of the business name. If everything complies, you will be issued with a Certificate (allow 15-20 minutes).
For Single Proprietorship
- must be a Filipino citizen, at least 18 years old
- Two 2X2 color ID pictures of applicant which were taken within one (1) one year immediately preceding the filing of such application. The pictures must be identical, clear and signed at the back by the applicant.
- Filipinos whose name are suggestive of alien nationality must submit proof of citizenship such as birth certificate, PRC ID, voter's ID, passport
- (a) if the applicant has a foreign sounding name, acquired Filipino citizenship by naturalization, election or by other means provided by law, he must submit proof of his Filipino citizenship such as:
- Naturalization certificate and Oath of allegiance,
- Affidavit of election or ID card issued by the Bureau of Immigration and Deportation, or
- Valid ID card issued by the Integrated Bar of the Philippines (IBP) or Professional Regulatory Commission (PRC)
- Processing fee of P300.00 + P15.00 Documentary Stamp
For Corporation, Partnership and Cooperative
- Filled up application form
- Certified photocopy of SEC and CDA registration and Articles of Incorporation, Partnership or Cooperative (by the board of secretary)
- Board Resolution for the authorized signatory, if signatory is not one of the incorporators
- Board Resolution for the registration of an adopted name/branch with specific address (if applicable)
- Processing fee of P500.00
For Foreign Investor
- Certified true copy of the certificate of authority to engage in business in the Philippines per R.A. 7042 issued by the DTI-NCR
- Certified true copy of latest business permit from the concern Local Government Unit (LGU)
- Alien certificate of registration (ACR) updated the current year and present original copy of comparison
- Accomplished DTI Form No.17 under R.A. 7042
- Current written appointment of Filipino Resident Agent
- Clearance from other involved agencies such as Department of Science and Technology (DOST), PNP etc.
- In case of alien retailer, current year's permit to engage in retail business per R.A. 1180
- If corporation/partnership - If the foreign capital investment exceeds thirty percent (30%) of the total capital stock, secure certificate of authority to engage in business in the Philippines from Securities and Exchange Commission (SEC).
Additional requirements on case to case basis depending on actual examination and processing of the application.
If business requires practice of profession:
- submit photocopy of PRC license and present original copy for comparison and contract of employment (If applicable)
For Special Documentary Requirements
- Copy of the Business Name of the main office/establishment, for branch application
- Bulk Sales Certificate, if the business name was obtained pursuant to Act No.3952 as amended, (The Bulk Sales Law) and Affidavit executed by the transferee-applicant
- DTI Accreditation Certificate for applicants engaged in repair service covered by and pursuant to Presidential Decree No. 1572;
- DTI Accreditation Certificate for applicants engaged in importation, manufacture, sale or servicing of the fire extinguisher, supplies and equipment pursuant to Presidential Decree 721;
- DTI Bonded Warehouse License for applicants engaged in the business of "warehouse" as defined under Act 3893, as amended (Bonded Warehouse Act)
- DTI issued Certificate of Authority for applicants engaging as merchandise or ship broker as defined under Act 2728 (Law on Brokerage Business)
- Proof of registration with or license from the proper government agency authorized to regulate the profession to which the applicant belongs if the latter seeks to register a business related to, or practice his/her profession; otherwise, a duly notarized contract of employment of a licensed professional and proof of such license, if the owner is not a licensed professional;
- Franchise Agreement or equivalent contract and a copy of Certificate of Business Name Registration of the franchisor
- Affidavit executed by all compulsory heirs authorizing a representative to renew a business name under the name of the deceased registrant solely for the purpose of winding up the business operation
- Deed of Sale, Assignment or Transfer, as the case may be, and a notarized written waiver from further use of the same business name, in cases contemplated
- Affidavit executed by the applicant declaring his/her relationship with the deceased registrant within the second degree by consanguinity or affinity and a notarized consent and waiver executed by all the compulsory heirs or other legal heirs, in the absence of compulsory heirs
- Affidavit executed by the registrant declaring that the purpose of registration is to perpetuate the memory of the deceased in his/her expertise or interest and a notarized consent and waiver executed by all the compulsory heirs or other legal heirs, in the absence of compulsory heirs
- Such other documents required in this Order, those as may be required in subsequent laws and regulations and those which in the opinion of the Director are necessary to protect the interest of the government and the public.
The applicant shall undertake to execute the following:
- Declare that all information supplied in the application filed are true and correct to the best of her/his belief and knowledge;
- Declare that any false or misleading information supplied, or production of materially false or misleading document to support the application shall be a ground for the appropriate criminal, civil and/or administrative action against the registrant; and
- Change and/or cancel the registered business name in the event that there is already another person, firm or entity lawfully using an identical or confusingly similar business name
Juridical person applying for registration of an adopted business name
In case of a juridical person, any name that is different from its primary registered name and used or signed in connection with his/its 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 his business or elsewhere, announcing his business.
- Certified true copies of Certificate of registration with SEC, CDA, DOLE, etc., whichever is applicable,
- Certified true copies of the Articles of Incorporation, Partnership, Cooperation or Constitution, whichever is applicable.
- Items (a) and (b) may be certified either by the issuing government agency or its corporate secretary, or his equivalent.
- An original copy of the Board Resolution authorizing the registration of an adopted name, for original application.
- A duly certified document establishing the position/authority of the signatory issued by Corporate Secretary or his/her equivalent.
- SEC Certificate of Authority to engage in busines in the Philipppines, if foreign capital investment exceeds thirty percent (30%) of the total capital stock
Any individual who is at least eighteen (18) years old, or any juridical person who is doing business or proposing to do business in the Philippines under a business name as defined in this order, and is not disqualified by any existing law or regulations to engage in business are required to register under the business name law.
A person who has been convicted of any crime involving moral turpitude, shall not be qualified to apply for the registration of a business name except when such person had been granted absolute pardon by the President of the Philippines, had served his sentence, or had been discharged from probation, as provided by law.
The signatories of application for registration are as follows:
- For individual applicants, the applicant himself; or by the person holding power of attorney for the him if the application is under a special power of attorney
- For corporations, the Board Director, CEO or Board Secretary;
- For partnerships, one of the partners;
- For cooperatives, the President or Secretary thereof;
- For legitimate labor organizations, the President or Secretary thereof.
- If the application is signed by a person holding power of attorney for the applicant, the application shall be accepted provided that the original power of attorney is presented and a copy thereof submitted as part of the supporting documents.
An applicant can reserve a business name online up to three (3) working days, free of charge. The registrant however, shall comply with all the necessary requirements for registration within the same period in order that the application can prosper.
In cases where any of the proposed names can no longer be registered, or when a document is rejected, the applicant shall be required to resubmit proposed names or the required documents, as the case may be, within the fifteen (15) working days from notification, verbally or otherwise.
Failure to resubmit the same within the prescribed period shall be deemed abandonment of the application filed and the corresponding fee or fees paid shall not be refunded.
You can apply online for your business name here: http://www.bnrs.dti.gov.ph/bnrspub/newapp.jsp
Tags: business application, Entrepreneur Essentials
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