Question & AnswerQ&A (DEPARTMENT ADMINISTRATIVE ORDER NO. 18-07)
The main purpose is to regulate the use of business names by businesses in their transactions to protect the public by disclosing the name and true identity of the business owner or operator, streamline processing requirements, and set guidelines for disclosure of information under existing laws like the Data Privacy Act and the Freedom of Information Act.
Any natural person who is a Filipino citizen, authorized non-Philippine national, recognized refugee, or recognized stateless person who is at least 18 years old and complies with documentary requirements may apply.
A Business Name is any name used other than the true name of an individual in connection with a business, including names on business receipts, contracts, or signage exhibited at the place of business.
The territorial scope refers to the geographical area (Barangay, City/Municipality, Region, or National) where the business may locate and use its registered Business Name during the validity period of registration.
Mandatory cancellation occurs upon violations of law, final orders of administrative agencies or courts, cancellation of business permits or licenses, and revocation of refugee or stateless person status.
Applicants must declare that all information supplied is true, undertake to inform DTI of changes, understand that false information leads to denial or revocation, agree to cancel or change the BN if prior lawful use is found, comply with laws, consent to public disclosure of information, and take responsibility for registrability of names.
Names that are unlawful, immoral, scandalous, misleading, deceptively similar to existing business names, consisting purely of generic words, names of other persons without authority, or those restricted by law or government use are non-registrable.
The Business Name registration shall be automatically cancelled and the name shall be made available for new applications.
Submission of a duly accomplished DTI application form, a certified copy of Alien Certificate of Registration, and the Certificate of Registration for Sole Proprietorship or equivalent authority issued by DTI under the Foreign Investment Act.
The certificate shall be valid for five (5) years from the date of issuance.
They accept and process applications, issue certificates, collect fees, monitor compliance within their jurisdiction, handle cancellations, process requests for certification and authentication, and act upon complaints and requests for reconsideration.
False or misleading information in the application, failure to secure a business permit within six months, use of the BN for immoral or illegal purposes, violation of these rules, and gross violations of applicable laws implemented by the Department.
Complaints must be filed within three (3) years from the commission of the violation or from its discovery if the date is unknown.
A foreign national authorized to transact business in the Philippines according to the Foreign Investment Act, Philippine immigration laws, and other relevant legal provisions and their implementing rules.
The applicant may file a written request within ten (10) working days from receipt of denial, citing grounds for reconsideration. The result shall be issued within ten (10) working days and is final.