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Mr. Go Tong

SEC Opinion • Securities and Exchange Commission • Opinions • Oct 6, 1983

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October 6, 1983 Mr. Go Tong Gotesco Investments, Inc. Gotesco Commercial Center 1958 C. M. Recto Avenue Manila Sir : This has reference to your letter dated August 22, 1983 requesting that GOTESCO INVESTMENTS be allowed to use the word "Investments" in its proposed corporate name. LexLib As stated in your letter, Gotesco Investments is a sole proprietorship with business name duly registered with the Bureau of Domestic Trade since June 17, 1966. It is engaged in the import, export, wholesale and retail of general merchandise, lease of real estate and operation of cinema theaters. During its seventeen (17) years of operation, the sole proprietorship has established goodwill under said business name. This year your family decided to convert it into a corporation under the name "Gotesco Investments, Inc." The Commission takes cognizance of the goodwill acquired by your sole proprietorship on the business name "GOTESCO INVESTMENTS" for the past seventeen (17) years. Likewise, we consider significant your registration with the Bureau of Domestic Trade. Accordingly, while our guidelines on Corporate and Partnership names which took effect on September 7, 1977 expressly provide that the word "investment" cannot be used as part of the firm name if a corporation or partnership is not organized as an investment company (under RA 2629) or an investment house (under PD 129), the above-cited circumstances are compelling reasons which would make your case an exception to our guidelines. In the light of the foregoing, the name of your proposed corporation as Gotesco Investments, Inc., appearing in the Articles of Incorporation now pending with the Commission may be given due course. Very truly yours, (SGD.) MANUEL G. ABELLO Chairman

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