Skip to main content

Mr. Elmo M. Famador

SEC Opinion • Securities and Exchange Commission • Opinions • Oct 15, 1981

Full text

October 15, 1981 Mr. Elmo M. Famador Famador Law Office Suite 905, SEC Building EDSA, Greenhills, Mandaluyong Metro-Manila Sir : This has reference to your letter-petition dated September 29, 1981, requesting the Commission to allow your client to use the corporate name "Meridian International (Philippines) Incorporated" in a proposed joint venture to engage in the business of advertising, promotions and related activities. In your letter it was recognized that there is already an existing corporation registered with this Office bearing similar name denominated as the "Meridian Advertising Group, Inc.," which is primarily organized in the business of advertising similar to what the proposed joint venture is going to engage in, hence, may not be allowed under Section 18 of the Corporation Code. However, you claimed that subject corporation is no longer in active operation for several years, thus, the request. In connection therewith, please be informed that continuous inoperation of a corporation is only a ground for suspension or revocation of its certificate of incorporation (Sec. 22, Corporation Code). Unless the corporation is formally dissolved or its certificate is revoked , the corporation is still deemed legally existing. Thus, the registered corporate name is still existing. Thus, the registered corporate name is still under the protection of Section 18 of the Corporation Code. A copy of your letter request, however, was transmitted to subject corporation for its comments, a copy of which is hereto attached for ready reference. In view thereof, action on your letter-request is held in abeyance pending receipt of the reply/comment of subject corporation relative thereto. Very truly yours, (SGD.) ROSARIO N. LOPEZ Associate Commissioner

Ask what this means for your situation

The assistant quotes the passage it relies on and links the source, so you can check every figure it gives you.