Ministry of Trade and Industry

July 8, 1987 Ministry of Trade and Industry Trade and Industry Building 361 (Buendia) Sen. Gil Puyat Avenue Makati, Metro Manila Attention : Mr . Raul E . Bandera Assistant Director Gentlemen : This has reference to your letter, dated June 24, 1987, requesting the opinion of this Commission as to whether or not a single proprietor may be allowed to use the word "Company" as part of his business name. The word "Company" has been aptly defined as follows: "COMPANY An association of a number of individuals for the purpose of carrying on some legitimate business." (Bouvier's Law Dictionary, Vol. 1, 3rd revision, p. 571). "The proper signification of the word "company" when applied to a person engaged in trade, denotes those united for the same purpose or in a joint concern. It is commonly used in this sense or as indicating a partnership." (Bouvier, Supra., citing Palmer v. Pinkham, 33 Me. 32). "COMPANY Union or association of persons for carrying on a commercial or industrial enterprise; a partnership, corporation, association, joint stock company." (Black's Law Dictionary, 5th ed., p. 255). "Word "COMPANY" refers to association of a number of individuals for the purpose of carrying on a business, and does not ordinarily include a single individual." (Words and Phrases Vol. 8, p. 258, citing Appeal of Sauer, 74A 2d, 700, 702, 167 Pa. Super 33). "A company is a number of persons united for performing or carrying on anything jointly. (Words & Phrases, Supra., p. 255, citing In re: Tidewater Coal Exchange, C.C.A. N.Y., 280 F 638 643). Thus, the word "company" refers to numerous and various kinds of associations, including firms, partnership and association of individuals. As regards the use of a corporate or partnership name, it has been the policy of the Commission to require corporate name to contain the word "Corporation" or "Incorporated", and partnership name to contain the word "Company". (Par. a, SEC Guidelines In the Approval of Corporate and Partnership Name). Hence, it would not be fitting or appropriate but rather confusing or deceptive to allow a single proprietor to adopt the word "Company" as part of his business name. Please be advised accordingly. Very truly yours, (SGD.) ROSARIO N. LOPEZ Associate Commissioner