Title
Amendments on Business Names Registration Rules
Law
Dti Department Administrative Order No. 7, S. 95
Decision Date
Jul 27, 1995
The DTI Department Administrative Order No. 7, S. 95 amends regulations for business name registration, allowing certain exemptions from national verification while establishing guidelines for name usage and renewal processes to enhance compliance with the Business Names Law.
administrative law
business names
cooperative law

Legal basis; amendatory character

  • The order is issued under Title X, Book IV of the Administrative Code of 1987 to implement Act No. 3883 (the Business Names Law).
  • The order amends DT Department Administrative Order No. 80, Series of 1982.
  • The order amends DT Department Administrative Order No. 80, Series of 1982, as amended by DT Department Administrative Order No. 15, Series of 1990.
  • The order expressly amends enumerated sections/rules of DT Department Administrative Order No. 80, Series of 1982.

What “business name” usage covers

  • Paragraph C, Section 1 of DTAO 80, s. 1982 is amended to cover a cooperative name or any association/organization name that is “duly registered” and accorded juridical personality, when used or signed in connection with business.
  • The covered usage includes being used or signed in connection with business on:
    • Any written or printed receipts, including receipts for business taxes, duties and fees and withdrawal of delivery receipts;
    • Any written or printed evidence of any agreement or business transactions; and
    • Any sign or billboard conspicuously exhibited in plain view in or at the place of business or elsewhere, announcing the business.
  • Any variation, modification, addition, subtraction, abbreviation, or change in the words composing the true name of the person, corporation, partnership, cooperative, or organization accorded juridical personality constitutes another name.

Who may register; where to apply

  • Section 3, Rule II of DTAO 80, s. 1982 is amended to require that an application be filed by a qualified applicant.
  • Qualified applicants include:
    • Any natural person at least eighteen (18) years old, and
    • Any juridical person not disqualified by existing law or regulation to engage in business.
  • Applicants must register a firm name, business name, or style as defined in Section 1 through an application filed with:
    • the Bureau of Trade Regulation and Consumer Protection (BTRCP), or
    • the DTI Provincial Offices.
  • Applications must be in a form duly prescribed by the Director of the Bureau.
  • A juridical person already registered with the concerned government agency and using only the registered names may no longer register under the Business Names Law.

Verification system and VAS exemptions

  • The order creates a Verification Acknowledgment Slip (VAS) process and provides that specified VAS applications will not be transmitted to the BTRCP for national verification.
  • Upon receipt of a qualifying VAS, the Regional/Provincial offices must:
    • process the business name, and
    • issue the corresponding Business Name Certificates,
      provided the applications comply with the processing guidelines under Section 6, Rule II of DTAO No. 80, s. 1982.
  • VAS exemption is conditioned on strict name-format and conduct requirements detailed below.

Conditions for VAS-exempt business names

  • For single proprietorship, the proposed business name under VAS exemption must contain:
    • the full name of the applicant, or
    • the initials of his first name and middle name plus the complete surname and suffixes enumerated in Section 2, B.1.3.
  • The VAS-exempt applicant must submit an undertaking agreeing to change the business name if a nationally verified business name registrant with prior registration requests the change because the VAS-exempt name is identical, similar, or confusingly similar.
  • The undertaking’s “prior registration” period covers a nationally verified registration within the six (6) months period after the registration of the VAS-exempt BNR.
  • When the requested change involves a nationally verified registrant with prior registration within that period, the DTI Provincial office must allow the change at no cost to the VAS-exempt registrant.
  • After six (6) months from the VAS-exempt registration date, the VAS-exempt BNR must be included in the National Databank and is considered nationally registered BN.
  • The proposed business name under VAS exemption must bear suffixes such as:
    • dry goods, dried fish, sari-sari store, carinderia, canteen, kitchenette, eatery, fast food, beauty parlor, bakery, vulcanizing shop, welding/repair shop, mini enterprise, mini trading, mini grocery, and other similar suffixes to be determined by the Director of the BTRCP.
  • Under VAS exemption, all qualified business names must be assigned a permanent registration number incorporated into the business name to distinguish establishments with identical or similar names.
  • The permanent registration number is the original Business Name certificate number.
  • The permanent registration number must be placed:
    • in the business signboard, and
    • in official receipts.
  • The permanent registration number must be retained during renewal of Business Name Registration.

National verification triggers and options

  • Business name registration applications that do not use either:
    • (a) the applicant’s complete name with the required suffix as in Section 2, B.1.3, or
    • (b) first and middle name initials with complete surname with the required suffix as in Section 2, B.1.3,
      must apply for National Verification.
  • Business name registration applications not covered by VAS exemption must undergo national verification.
  • Business name registration applicants that use the applicant’s full name or first and middle name initials with complete surname, in both cases with the required suffix in Section 2, B.1.3, have an option to apply for National Verification.

Expiration, non-renewal, and cancellation grounds

  • Section 12, Rule VI of DTAO 80, s. 1982 is amended to provide that any person (whether natural or juridical) whose firm name, business name, or style has expired and is not renewed within six (6) months from expiration must be cancelled from the record upon publication of notice in a newspaper of general circulation.
  • Cancellation may also be based on:
    • violation of the undertaking submitted by a BN VAS-exempt applicant, or
    • violation of the preceding rules and regulations.

Repeal of inconsistent provisions and publication

  • Section 4 repeals all inconsistent provisions of a Memorandum on VAS exemptions dated September 8, 1988.
  • The order’s effectivity is fifteen (15) days after publication in two (2) newspapers of general circulation.
  • The order is adopted on July 27, 1995 and signed by the Secretary of Trade and Industry (R.S. NAVARRO).
  • The order is recommended by the Director, BTRCP (JESUS L. MOTOOMULL).

Analyze Cases Smarter, Faster
Jur helps you analyze cases smarter to comprehend faster, building context before diving into full texts. AI-powered analysis, always verify critical details.

About Privacy Terms