Scope and Applicability
- Applies to natural persons, including Filipinos, authorized non-Philippine nationals, recognized refugees, and stateless persons.
Key Definitions
- Applicant: Individual applying for business name registration.
- Authorized Non-Philippine National: Foreigners legally allowed to do business.
- Business Name (BN): Any trade name other than the true name used in business transactions.
- Certificate of BN Registration: Document proving valid BN registration.
- Recognized Refugee and Stateless Person: Defined with respect to DOJ certification.
- Territorial Scope: Geographical area covered by the BN registration.
Qualification of Applicants
- Filipino nationals 18 years or older.
- Non-Philippine nationals with valid business registration and at least 18 years old.
- Recognized refugees/stateless persons with DOJ-issued recognition.
Documentary Requirements
- Government-issued ID and accomplished application form.
- Additional registration proofs for non-Philippine nationals and refugees/stateless persons.
- Online application equivalent to physical form submission with terms acceptance.
Application Form and Undertakings
- Applicants must provide accurate information.
- Must notify changes promptly or face cancellation.
- False information or documents cause denial, cancellation, and possible legal action.
- Agree to change/cancel the BN if prior lawful users exist.
- Consent to public disclosure of certain registration info as regulated.
Registrability of Business Names
- Business Names consist of a dominant portion and a descriptive portion.
- Prohibited names include those unlawful, immoral, generic, deceptive, identical to registered marks, or misleading.
- Request for reconsideration allowed within 10 working days post-denial.
Territorial Scope Rules
- BN must be registered within geographic divisions: Barangay, City/Municipality, Region, or National.
- BN approval depends on non-similarity within the chosen scope and broader areas.
- Territorial scope changes treated as new applications, requiring forms, IDs, authorization, and fees.
Fees and Payment
- Application fees are non-refundable.
- Payments can be made online or over-the-counter with appropriate identification and undertakings.
Renewal of Registration
- Early filing permitted 180 days before expiration; renewal validity starts after expiry.
- Regular renewal allowed within 90 days after expiry.
- Late renewal grace period is 90 days with a 50% surcharge.
- Renewal beyond grace period not accepted; non-renewal leads to cancellation.
Issuance and Validity of Certificates
- Certificates issued upon successful registration.
- Contain BN, territorial scope, owner's name, validity period, authorized signatory info, BN number, and stamp tax.
- Valid for five years.
- Business name signage and certificate must be displayed visibly.
- Certificate use restricted to the registered owner and purpose.
- Information changes allowed with proper documentation and fees.
Cancellation of Business Name Registration
- Voluntary cancellation may be filed due to business cessation, transfer, duplication of BN, or relocated business.
- Mandatory cancellation for violations, court orders, cancellation of permits, or change in refugee/stateless status.
- Automatic cancellation due to failure to renew or death of owner.
- Proper forms, IDs, declarations, and fees required for voluntary cancellation.
Revocation of Registration
- Grounds: False or misleading application info, failure to obtain business permit, immoral or illegal use, violation of rules, gross legal violations.
- Requires due notice and hearing.
- Procedures governed by existing administrative orders.
- Revocation orders immediately executory unless stayed by court.
Public Access to Information
- Public may access certain BN registration data (name, owner, scope, etc.) upon request and payment.
- Confidential information only disclosed with owner consent or court subpoena.
Procedural Provisions
- Certifications related to BN registration issued upon proper request, ID presentation, and fees.
- Certified true copies provided only to registered owner.
- Administrative cases handled per existing department orders.
- Prescriptive period for violations is three years from occurrence or discovery.
Responsibilities of Implementing Offices
- DTI Comprehensive Bureau oversees, monitors, formulates policies, reviews and cancels registrations.
- Regional/Provincial Offices handle applications, payments, certifications, monitoring, enforcement, reconsiderations, and cancellations.
- Information System Management Service manages the BN registry system.
- Fair Trade Enforcement Bureau enforces BN laws in the NCR.
- Legal Service provides legal support.
Sustainability and Contingency
- Contingency plans ensure continuous BN registration services despite disruptions such as system downtime or power interruptions.
Final Provisions
- Separability clause ensures remaining provisions stay valid if parts declared invalid.
- Repeals inconsistent prior DTI orders and policies.
- Effective 15 days after publication and proper filing with the National Administrative Register.