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RMC No. 53-2009: Circularizes the full text of DTI’s Department Administrative Order No. 11, Series of 2008, further amending certain provisions of Department of Trade Administrative Order No. 80, Series of 1982, as amended, implementing Act 3883, as amended (also known as the Business Name Law)

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Summary

RMC No. 53-2009 circularizes the full text of DTI Department Administrative Order (DAO) No. 11, Series of 2008, which further amends DTAO No. 80, Series of 1982, implementing the Business Name Law (Act 3883, as amended).

Key points

  1. Names not registrable. Section 11, Rule V is amended. Names are not registrable if they so nearly resemble a name registered with the DTI, SEC or another authorized government office as to cause confusion and prejudice the owner, considering the nature of business, products or services, dominant or descriptive words, spelling, sound and meaning, and other factors set by the Trade and Industry Secretary. Names of juridical persons registered with the SEC, CDA or other agencies, and their other or adopted names, are also not registrable.
  2. Renewal period. Under Section 10, Rule IV, the five (5)-year validity of the Certificate of Registration on renewal counts from the date the renewal application is approved.
  3. Automatic cancellation. A business name not renewed within six (6) months from its expiration date is automatically cancelled from the business name records.
  4. Juridical persons. The second Section 12 in Rule VI of DTAO 80 is deleted. Original and renewal registration of names of juridical persons, including adopted names, is no longer allowed once DAO No. 11, Series of 2008 takes effect.

Who is affected

  • Business name registrants
  • Juridical persons, including corporations, partnerships and cooperatives

Deadlines and effectivity

  • Circular issued October 1, 2009
  • Renewal valid for five (5) years from approval
  • Cancellation if not renewed within six (6) months from expiration

Summary by Tax Resources PH. It is not a substitute for the full text of the issuance or professional advice.

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