Atty. Filipina A. Gatmaytan
SEC Opinion • Securities and Exchange Commission • Opinions • Sep 9, 1981
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September 9, 1981 Atty. Filipina A. Gatmaytan 106 Paseo de Roxas Makati, Metro Manila Dear Atty. Gatmaytan: This refers to your letter-request dated August 11, 1981 seeking exemption from the application of SEC Opinion dated April 1, 1981 to the effect that "a corporation desiring to adopt a business name or style other than its corporate name is required to state the business name or style in the articles of incorporation of said corporation". llcd It appears from your letter that when the Philippine Journalists, Inc. sought the registration of two magazines, namely the "All Magazine" and "People's News", the Bureau of Domestic Trade required it to submit an amended articles of incorporation indicating the names of the said magazines therein pursuant to the above-stated SEC Opinion. You take exception to this view considering that the periodicals and/or magazines you wish to register are not in the same concept as business name or style but names of present and future publications; and that your publishing firm comes up with new publications from time to time; and that the names of these publications are so numerous, fluid and oftentimes temporary in nature to the extent that it becomes an absurdity to keep on amending the articles everytime new publications are conceived of. In the light of the foregoing reasons, this Office will seek a review of the policy enunciated in SEC Opinion dated April 1, 1981 which was concluded between the Commission and the Bureau of Domestic Trade. It is believed that an amendment of the articles of incorporation of a publishing firm may not really be necessary as the purpose for such amendment could easily be arrived at by merely requiring the names of new publications to be included in the General Information Sheet submitted or filed annually with this Commission. At any rate, a strict compliance with the editorial box in all proposed publications will likewise guide the public relative to the ownership or the persons behind such magazines/publications. In due time, we shall inform you and those similarly situated on whatever may be agreed upon between the said government agencies. Please be advised accordingly. Very truly yours, (SGD.) ROSARIO N. LOPEZ Associate Commissioner
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