Corporation Law

Reviewer

PRELIMINARIES
A proprietor is required to register his business
name other than his true name with the Bureau of
A. Basic types of organizations
trade Regulation and Consumer Protection of the
Department of Trade and Industry. The requirement
also includes firm name or style. If not registered,
Persons who are engaged in business use different he cannot:
business organizations and business arrangements
as vehicles therefore 1. Use or sign the business name in
connection with his business on any written
These include: or printed receipts or any evidence of
(1) Sole proprietorship agreement or other documents
(2) Partnership 2. He cannot exhibit the business name or
(3) Cuentas en Participacion sign thereof in plain view.
(4) Business trust
(5) Joint venture  Juridical persons need not register the
(6) Cooperative name that are registered with the SEC.
(7) Corporation However, if they are using different names
(8) One Person Corporation for their business, they must register the
same.
INDIVIDUALS AND SOLE PROPRIETORSHIP Prohibited Names

A person conducts business under his name or a 1. Names that are offensive, scandalous, or
business name. The business is an organization contrary to propriety;
compose of the proprietor himself and his 2. Names which are identical with registered
employees but it has no personality separate and names in other agencies….. which are
distinct from the proprietor. likely to cause confusion in the minds of the
public taking into consideration the
a. A sole proprietorship does not possess a following:
juridical personality and has no legal
personality to file or defend an action in I. Nature of the business
court II. Product/service handled
(Anita Mangila v. CA, G.R. no. 125027, III. Location/place of business
Aug. 12, 2002) IV. Dominant word
V. Use of descriptive words
BUSINESS NAME (Act no. 3883) VI. Spelling, sound and/or
Definition: meaning;
3. Names that are supposedly generic
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 on any written or printed receipts
including receipts for business taxes, duties and
fees and withdrawal or delivery receipts; any written
or printed evidence of any agreement or business
transaction; and any billboard conspicuously
exhibited in plain view in or the place of her/ his
business or elsewhere, announcing her/his
business.