Milton Cristopher Co. Ltd.

April 25, 1984 Milton Cristopher Co. Ltd. c/o Mrs. Carmen G. Loot 32 S. Estrada St. Tierra Bella Subd. Diliman, Quezon City Gentlemen: In connection with the articles of partnership of the proposed Milton Cristopher Co. Ltd., please be informed that the same cannot be given due course in view of the prohibition of inclusion of surname of a limited partner in the partnership name under Article 1846 of the Civil Code of the Philippines, which provides, as follows: "ARTICLE 1846. The surname of a limited partner shall not appear in the partnership name unless (1) It is also the surname of a general partner, or (2) Prior to the time when the limited partner became such, the business had been carried on under a name in which is surname appeared. A limited partner whose surname appears in a partnership name contrary to the provisions of the first paragraph is liable as a general partner to partnership creditors who extend credit to the partnership without actual knowledge that he is not a general partner." (emphasis supplied) Although the law prohibits only the use of "surname" we cannot allow the inclusion of the "first name" of the limited partner in the instant case as its inclusion would have the same misleading effect that the "limited" partner is a "general" partner since Milton Cristopher and Milton Cristopher Fitch are one and the same person. LexLib In view thereof, it is advised that the partnership name be changed. Pending compliance herewith action on your papers will be held in abeyance. Very truly yours, (SGD.) ROSARIO N. LOPEZ Associate Commissioner