Business Name Registration What is a Business Name?

A business name refers to ANY name that is different from the TRUE NAME OF AN INDIVIDUAL, WHICH IS USED OR SIGNED in connection with her/his business. Is Business Name Registration required? Yes, if a person will use a firm name other than his/her true name. What is the Enhanced Business Name Registration System (E-BNRS)? E-BNRS is the new web-based system DTI designed to make registration faster and easier. To make this possible, DTI further amended the revised implementing rules and regulations of the Business Name Law withDepartment Administrative Order (DAO) 10-08 series of 2010. DAO 10-08 s2010, which takes effect October 6, 2010, has the following salient features:

Reduced required information in the application form only seven required fields plus the undertaking Single Registration per BN, regardless of the number of branches of your business No need to upload or submit Email Notification of Approval (ENA) or Transaction Reference Number (TRN) page Relaxed rules on the prohibition of identical and confusingly similar BNs Territorial coverage of business name (whether within a barangay, city/municipality, region or national in scope) specified Three modes of registering a BN retained Registration at any DTI Field Office No need to personally file your application

Who may apply for a Business Name? A person who is at least eighteen (18) years old, doing business or proposing to do business in the Philippines under a BN and who is not disqualified by any existing law or regulation to engage in business is qualified to apply for a BN registration. Where can I get the application forms? The forms are available at all DTI Offices. It may also be downloaded from the DTI-NCR (www.dtincr.ph) or DTIBNRS (www.bnrs.dti.gov.ph) websites. What are the requirements in registering a business name?

Two copies of completely filled up application forms signed by the owner. Note that only the owner is authorized to sign the application form. Payment of registration fee plus documentary stamp tax.

Per DTI Department Administrative Order No. 10-10, series of 2010, starting 03 January 2011, the following registration fees for every application for registration of BUSINESS NAME (original and renewal) depending on the territorial jurisdiction covered in the application are as follows: Barangay City/Municipality Regional National PHP 200.00 PHP 500.00 PHP 1,000.00 PHP 2,000.00

Presentation of original copy of one photo-bearing national issued Identification Document (ID) with signature.

Foreign applicants must present the original and submit clear certified copy of the Certificate of Authority to Engage in Business in the Philippines. Where can I register my BN? There are three (3) modes in registering business names:

Purely over the counter - Registration can be done at any DTI Field Office. Here in NCR, DTI-NCR has four Area offices and three satellite offices Online end-to-end File application online at www.bnrs.dti.gov.ph, pay the required fees through G-Cash, and print certificate at your place. However, the owner must go personally to DTI within 10 working days to present one photo-bearing national issued Identification Document (ID) and the duly-accomplished application form with signature. Hybrid Combination of over the counter and online application

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File application online, pay and get certificate at DTI Office or at selected SM and Mail and More outlets File and pay online and get certificate at any DTI Office or at selected SM and Mail and More outlets

The owner of the business must go personally to DTI within 10 working days to present one photo-bearing national issued Identification Document (ID) and the duly-accomplished application form with signature of the owner. Note: Applicants may also opt to lodge their application or avail of the end-to-end application process at selected SM Business Service Centers and Mail and More outlets. The LGUs also have PBR kiosks where clients may lodge their applications online. What are the rules on registrability of business name? BNs that are NOT registrable are:

Those which are or whose natures of business are illegal, offensive, scandalous, or contrary to propriety (e.g Popoys Jueteng Betting Place, Boobs Massage and Spa) Names that are the same, nearly the same as or confusingly the same with an existing registered business, company, partnership, corporation, cooperative name; nor it infringes on any trademark, service mark or tradename (e.g Anne Doks Lechon, Jolibee, Starbax Caf) Names composed purely of generic or geographic words (e.g The Laundry Shop, Bacolod) Names which by law or regulation cannot be appropriated (e.g OTOP, Intelligence, State College, CALBARZON) Names used to designate or distinguish, or suggestive of quality of any class of goods, articles, merchandise or service (e.g Best Taho Factory, A-1 Auto Repair Shop) Names or abbreviation of a name used by the government in its governmental functions (e.g NBI Private Investigation Services, DTI Trading) Names or abbreviation of a name of any nation, intergovernmental or international organization (e.g Philippine Manpower Pooling Agency, UNESCO Marketing) Names that are deceptive, misleading or which misrepresent the nature of the business (e.g ABC Construction Services where nature of business is recruitment, a business name carrying another persons name)

What is territorial scope/territorial applicability of BN registration? Territorial scope/applicability of BN registration refers to an area within which the applicants right to use the

registered BN shall be confined. It may be within a barangay, within a certain city/municipality, region or may be national in coverage. What are the rules on the approval of BNs within territorial boundaries? A proposed BN will be validated against the database of registered BNs in the territory:

Barangay the proposed business name will be validated against the database of registered BNs in that specific barangay, city/municipality covering specified barnagay, proper region and national level in scope. It will be approved provided it is not identical or confusingly similar with BNs registered within that barangay, city/municipality, region or BNs national in coverage. City/Municipality the proposed BN, city/municipality in scope, will be validated against the database of registered BNs in that specific city/municipality, proper region and national in coverage. Regional - the proposed BN will be validated against the database of registered BNs in that region and those national in scope. National - the proposed BN will be validated against the database of registered BNs national in application.

The territorial scope of my Business Name is within a city. If I want to expand my business and put up branches in other cities, what do I need to do? Expanding your business outside the registered territory is a change of location (i.e. change of the territorial applicability of your business name). This would require a new business name application. Do I still need to register the branches of my business? No. There is a rule of single registration per business name. Thus, if you will be using the same BN for your branches, there is no need to register the branches of your business within the same coverage of the approved BN. When an existing branch, which registered prior to DAO 10-08, Series of 2010, renews its application, the approval thereof will be applicable to all branches, including the main office within the same territorial coverage chosen. What happens to BNs that have been registered prior to the issuance of DAO 10-08, Series of 2010? Existing BNs will be treated as nationally registered. The Registrant will be required to select the territory/locality upon renewal registration. How long is the validity of my BN registration? The Business Name registration is valid for five years from the date of registration and may be renewed on the day or within 6 months from expiration. What are the requirements for RENEWAL of Business Name registration? Applications for renewal shall be filed within six (6) months immediately following the expiration of the registration. If the renewal application is filed within the last three (3) months thereof, a surcharge of Fifty Percent (50%) of the registration fee shall be imposed. If applicant registers after 6 months after the date of expiration, his/her application is considered as a new application. Early renewal or renewal before the expiration date is not allowed.

Fill up the portion of the application form for renewal. Processing fee plus P15.00 documentary stamps if renewed within the first three months after the date of expiration.

Is there a minimum required capitalization in registering a business name? None. What are the requirements/procedures for the Change of Business Name?

Filled-up new application form plus payment of required fees. Submit a notarized affidavit of cancellation of the registered business name, stating the reason/s for the cancellation and that the registered owner has no outstanding financial obligation.

Surrender original copy of the business name certificate and the duplicate copy of the application form. An affidavit of loss if either the business name certificate and/or the duplicate copy of the application form was lost.

Do we still need to inform DTI when we close our business? Yes, you have to apply for cancellation of your registered business name. What are the requirements/procedures for the cancellation of a Business Name?

Affidavit of cancellation of the registered business name, stating the reason/s for the cancellation and that the registered owner has no outstanding financial obligation. Surrender original copy of the business name certificate and the duplicate copy of the application form. An affidavit of loss if either the business name certificate and/or the duplicate copy of the application form was lost.

What are the requirements for Voluntary Cancellation?

Letter request signed by the owner. Affidavit of cancellation of the registered business name, stating the reason/s for the cancellation and that the registered owner has no outstanding financial obligation at the time of closure of establishment. Surrender original copy of the business name certificate and the duplicate copy of the application form; or an affidavit of loss if either the business name certificate and/or the duplicate copy of the application form had been lost.

What are the requirements for Change of Address? The Enhanced Business Name Registration System does not require a business address, but a territorial scope of the business. The applicant may locate his/her business anywhere within the defined territorial scope as indicated in the application. I lost my original BN registration certificate. How can I secure another copy? You may be able to secure, as your option, a substitute document to evidence the existence and validity of your business name based on the DTI registration records. This option refers to a request for and issuance of the CERTIFICATION - which is an attestation of the fact of registration of the given business. Requirements to secure a CERTIFICATION from DTI-NCR are: 1. Letter request signed by the authorized signatory, stating the ff:

business name (BN) reason/s Business Name certificate number

2. Secure and attach a duly notarized affidavit of loss. 3. Processing fee of P50.00 per certification plus documentary stamp tax of P15.00. What are the requirements if I want to request for verification if a certain business name is registered? You may verify/search a business name through the internet viahttps://www.bnrs.dti.gov.ph/web/guest/search. If you need a certification from DTI regarding a valid verification, the following requirements are needed: 1. Letter request signed by the requesting party, stating the following:

business name (BN)

reason/s for verification; Verification may be allowed for valid reasons like investigation and legal purposes only. Processing fee of P50.00 plus P15.00 documentary stamp tax per business name

What are the requirements if I want to secure a Certified True Copy? Requests for Certified True Copy of the Business Name Certificate is allowed if the applicant has with him/her photocopy(ies) of the Business Name certificate which he/she would want the agency to certify as true and correct. The requirements in securing a certified true copy are:

Letter request signed by the requesting party; indicate requested number of copies for CTC Photocopy(ies) of the Business Name certificate Processing fee of P50.00 plus documentary stamp tax of P15.00 per copy

Can a natural person or sole proprietorship use the word "corporation" or "incorporated" as part of his business name? How about company? No, only a partnership or corporation registered with SEC can use the word "company" or "corporation" as part of their business name. Is it possible to have more than one business name? YES.