The DTI Department Administrative Order No. 03-10, issued on April 22, 2010, revises the Implementing Rules and Regulations of the Business Name Law (Act No. 3883) to enhance its effectiveness. Key amendments include the requirement that individuals at least 18 years old must register their business names, and stipulations regarding the forfeiture of fees if applicants fail to submit necessary documents on time. Additionally, applications must be filed within six months before starting business operations, and businesses must commence operations within six months of registration to avoid cancellation. The Order will take effect 15 days after publication in two newspapers of general circulation.
April 22, 2010
DTI DEPARTMENT ADMINISTRATIVE ORDER NO. 03-10
| SUBJECT | : | Revised Implementing Rules and Regulations of Act No. 3883, as Amended Otherwise Known as the Business Name Law |
Pursuant to Title X, Book IV of the Administrative Code of 1987 and to more effectively implement the provisions of Act No. 3883, as amended, otherwise known as the Business Name Law, the following amendments to Department Administrative Order (DAO) No. 10-01, Series of 2010, implementing the same Act, are hereby promulgated:
SECTION 1.Section 5.1 is hereby amended to read as follows:
"5.1 A person who is at least eighteen (18) years old, doing business or proposing to do business in the Philippines under a BN as defined in this Order and who is not disqualified by any existing law or regulation to engage in business is required to register under the BN Law."
SECTION 2. Section 10.3 is hereby amended to read as follows:
"10.3 In case the applicant fails to resubmit proposed names or the required documents within the prescribed period as specified in Section 15.2.8 hereof the corresponding fee or fees paid therefor shall be forfeited." DCcTHa
SECTION 3. Section 14.1 is hereby amended to read as follows:
"14.1 Original Application
The original application must be filed within six (6) months immediately before the commencement of the applicant's business operation."
SECTION 4. Section 29.4 is hereby amended to read as follows:
"29.4 Failure to operate business within a period of six (6) months from registration of the BN."
SECTION 5. The last three (3) Sections thereof are hereby renumbered as 34, 35 and 36, respectively.
SECTION 6. All orders, rules and regulations pertaining to the registration of BNs which are inconsistent herewith are hereby repealed or modified accordingly.
SECTION 7. This Order shall take effect fifteen (15) days after its publication in two newspapers of general circulation. Three (3) copies of this Order shall be sent to the National Administrative Register at the University of the Philippines Law Center. HEcaIC
Done this 22 day of April 2010 in the City of Makati, Philippines.
(SGD.) JESLI A. LAPUSSecretary
Recommended by:
(SGD.) ZENAIDA CUISON MAGLAYAUndersecretary
(SGD.) VICTORIO MARIO A. DIMAGIBADirector