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Sunday, October 22, 2017

Business Name Registration Requirements

The first step to registering your business is securing a business name. Having a business name will instill confidence in your customers and protect your business name against those who may wish to use it as well.
[Source: http://www.studying-in-canada.org]
  For Single Proprietorship

1.
Must be a Filipino citizen, at least 18 years old
2.
Filipinos whose names are suggestive of alien nationality must submit proof of citizenship such as birth certificate, PRC ID, voter’s ID, passport
3.
If the applicant has a foreign sounding name, acquired Filipino citizenship by naturalization, election, or by other means provided by law, he must submit proof of his Filipino citizenship such as:

-       Naturalization certificate and Oath of Allegiance

-       Affidavit of election or ID card issued by the Bureau of Immigration and Deportation

-       Valid ID card issued by the Integrated Bar of the Philippines (IBP) or Professional Regulatory Commission (PRC)
4.
Processing fee of P150.00 + P15.00 Documentary Stamp

For Foreign Investor (Single Proprietorship)

1.
Photocopy of Alien Certificate of Registration (ACR) updated the current year. Present original for comparison
2.
Accomplished DTI Form No.17 under R.A. 7042
3.
Current written appointment of Filipino Resident Agent
4.
Clearance from other involved agencies such as Department of Science and Technology (DOST), PNP etc.
5.
In case of alien retailer, current year’s permit to engage in retail business per R.A. 1180

For Special Documentary Requirements

1.
Copy of Certificate of Business Name Registration of the main office/establishment.
2.
Bulk Sales Certificate, if the business name was obtained pursuant to Act No. 3952 as amended, (The Bulk Sales Law) and Affidavit executed by the transferee-applicant
3.
DTI Accreditation Certificate for applicants engaged in repair service covered by and pursuant to Presidential Decree No. 1572 and its implementing Rules and Regulation, as amended.
4.
DTI Accreditation Certificate for applicants engaged in importation, manufacture, sale or servicing of the fire extinguisher, supplies and equipment pursuant to Presidential Decree 721 and its Implementing Rules and Regulation, as amended.
5.
DTI Bonded Warehouse License for applicants engaged in the business of “warehouse” as defined under Act 3893, as amended (Bonded Warehouse Act)
6.
DTI issued Certificate of Authority for applicants engaging as merchandise or ship broker as defined under Act 2728 (Law on Brokerage Business)
7.
Consent Agreement, or equivalent contract if a business is covered by a Franchise or similar agreement.
8.
Affidavit executed by all compulsory heirs authorizing a representative to renew a business name under the name of the deceased registrant solely for the purpose of winding up the business operation
9.
Deed of Sale, Assignment or Transfer, as the case may be, and a notarized written waiver from further use of the same business name, in cases contemplated
10.
Affidavit executed by the applicant declaring his/her relationship with the deceased registrant within the second degree of consanguinity or affinity and a notarized consent and waiver executed by all the compulsory heirs or other legal heirs, in the absence of compulsory heirs
11.
Affidavit executed by the registrant declaring that the purpose of registration is to perpetuate the memory of the deceased in his/her expertise or interest and a notarized consent and waiver executed by all the compulsory heirs or other legal heirs, in the absence of compulsory heirs
12.
Such other documents required in this Order, those as may be required in subsequent laws and regulations and those which in the opinion of the Director are necessary to protect the interest of the government and the public.

The applicant shall undertake to execute the following:
Declare that all information supplied in the application filed are true and correct to the best of her/his belief and knowledge;
Declare that any false or misleading information supplied, or production of materially false or misleading document to support the application shall be a ground for the appropriate criminal, civil and/or administrative action against the registrant; and
Change and/or cancel the registered business name in the event that there is already another person, firm or entity lawfully using a similar or confusingly similar business name.


Signatories

The signatories of application for registration are as follows:

For individual applicants, the applicant himself; or by the person holding power of attorney for the him if the application is under a special power of attorney
If the application is signed by a person holding power of attorney for the applicant, the application shall be accepted provided that the original power of attorney is presented and a copy thereof submitted as part of the supporting documents.

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