Question & AnswerQ&A (SEC MEMORANDUM CIRCULAR NO. 21, S. 2013)
The corporate name shall contain the word "Corporation" or "Incorporated", or the abbreviations "Corp." or "Inc." respectively.
The partnership name shall bear the word "Company" or "Co." and if it is a limited partnership, the word "Limited" or "Ltd.". A professional partnership may use "Company", "Associates", "Partners", or other similar descriptions.
No, the proposed name shall not be identical, misleading or confusingly similar to a name already registered with the Securities and Exchange Commission or with the Department of Trade and Industry for sole proprietorships.
The applicant may add one or more distinctive words to differentiate the proposed name, except if the registered name is coined or unique, unless consent is given by the board of directors or majority of partners of the existing entity.
No, punctuation marks, spaces, signs, symbols, and other similar characters shall not be acceptable as distinguishing words for differentiating names.
Yes, a different business or trade name can be indicated in the articles of incorporation or partnership. A company may have more than one business or trade name.
It may be used if the owner of the tradename or trademark gives consent to such use.
Yes, if the person is a stockholder, member, or partner of the entity and consents to such use. If deceased, consent must be given by the person's estate.
Yes, the name cannot be used unless the domestic corporation is a subsidiary and has consent from the parent corporation. Also, foreign names violating good morals, public order, public policy, or having offensive meanings cannot be registered.
Local geographical names cannot be used alone; they must be accompanied by a descriptive word or phrase.
Examples include "Finance Company", "Investment Company" for financing or investment businesses; "Lending Company", "Pawnshop" for lending companies; "Bank", "Trust Corporation" for banking or trust businesses; and others as enumerated in the circular (e.g., "United Nations" exclusively for UN agencies).
Such a name cannot be used by another entity within three years from dissolution approval or six years from revocation unless allowed by majority stockholders or partners at the time of dissolution or revocation.
Required documents include: i) Board Resolution by hold-over directors/trustees approving re-registration and use of the name; ii) Latest General Information Sheet stamped received by the Commission; iii) Affidavit by the corporate secretary about property liquidation or non-transfer of properties to the new corporation.
Yes, an affidavit containing an unqualified undertaking to change its name immediately upon notice from the Commission for reasons such as prior rights or misleading nature must be submitted, signed by at least two incorporators or partners.
Appeals and complaints are resolved by the Company Registration and Monitoring Department (CRMD), and decisions may be appealed to the Commission En Banc through the Office of the General Counsel.