Where and How to Register Your Business to Transact as a Legal Business — A new small enterprise has to be registered in various government agencies. The complexity of registration varies according to the legal form of the business. A single proprietorship is the easiest to register, while a corporation requires more elaborate procedures.
REGISTERING WITH THE DEPARTMENT OF TRADE AND INDUSTRY
The DTI-NCR and DTI Provincial Offices nationwide administer the registration of business names.
If you are a single proprietor and your business is using a name other than your true name, that business name should be registered. By registering your business name with the DTI, you are assured that no other entity may legally use your business name anywhere in the Philippines.
Where to register:
A. Metro Manila Area
Area 1 Office (Manila, Pasay, Parañaque)
2/F, Park n Ride Lawton, P. Burgos Ave., cor. Dr. Basa St., Ermita
Manila (Beside LRT 1 Central Station and Metropolitan Theater)
Telephone No. 536.7153 / Fax No. 527.7429
Area 2 Office (Makati, Las Piñas, Pasig, Muntinlupa, Pateros, Taguig)
12/F, Trafalgar Plaza, 105 H.V. Dela Costa St., Salcedo Village Makati City
Telephone No. 811.8231 local 208 / Fax No. 811.8271
Area 3 Office (Mandaluyong, Quezon City, Marikina, San Juan)
Ground Floor, Highway 54 Plaza, EDSA
Mandaluyong City (Across Mega Mall)
Telefax No. 706.1767
Quezon City Satellite Office
2/F, Cooling Tower, Quezon City Hall (Beside Quezon City Post Office)
Area 4 Office (Caloocan, Malabon, Navotas, Valenzuela)
5/F, Araneta Square Mall Bonifacio Monument Circle, Rizal Ave.
Ext. cor. Samson Rd., Caloocan City
Telephone No. 332.0829 / Fax No. 362.7664
Valenzuela Satellite Office
3/F, Valenzuela Convention Center, Valenzuela City Hall Compound
B. For businesses located outside Metro Manila, you can register your Business Name at the DTI Provincial Office in the place where the business is located.
C. For complete details and on-line registration, visit www.bnrs.dti.gov.ph
Steps for over-the-counter registration:
1. Obtain application forms (duplicate copy) and fill these up completely. Only the owner of the business or his/her Attorney-in-Fact (who is authorized in a proper legal instrument) is authorized to sign all the forms.
2. Meet the following requirements (For Single Proprietorship):
* Must be a Filipino citizen, at least 18 years old. Filipinos with names suggestive of alien nationality must submit any of the following as proof of citizenship: birth certificate, PRC ID, voter’s ID, valid passport. If the applicant has acquired Filipino citizenship by naturalization, election, or by other means provided by law, he must submit any of the following as proof of his Filipino citizenship: naturalization certificate and oath of allegiance, card issued by the Bureau of Immigration and Deportation and affidavit of election, or ID card issued by the Bureau of Immigration and Deportation.
* Certain types of business may have other requirements such as service and repair shops, real estate brokers, dental/medical clinic/hospitals, pawnshops, manpower services, engineering/architectural services and other services provided by professionals.
3. Pay the required registration and processing fee.
* A penalty is imposed if the BNRS certificate is not renewed within the 3- month grace period from the certificate’s expiration date.
4. Your Business Name Certificate is valid for 5 years from date of registration.
REGISTERING WITH THE SECURITIES AND EXCHANGE COMMISSION (SEC)
The SEC is the government agency that gives the business enterprise its legal personality. Partnerships and corporations need to be registered with the SEC. Single proprietorships need not register.
Register your business at:
Securities and Exchange Commission (SEC)
SEC Bldg., EDSA, Greenhills, Mandaluyong City
Tel. No. 726.0931 to 39 / Email: email@example.com
Required Documents for Applicant Corporation (Stock [S] and Non-Stock [NS]) and Partnership [P]
1. Name Verification Slip (S/NS/P)
2. Articles of Incorporation and By-Laws or Articles of Partnership (S/NS/P)
3. Treasurer’s Affidavit/Authority to Verify Bank Account (S)
4. Bank Certificate of Deposit (notarized in place where bank is located (S)
5. Written undertaking to Change Corporate Name by any Incorporator or Director, Trustee, Partner (S/NS/P)
6. Registration Data Sheet (S/NS/P)
7. Clearance from other government agencies (S/NS/P)
8. Resolution of the Board of Trustees that the corporation will comply with SEC requirements for non-stock corporations (NS)
9. List of members certified by the Secretary and undertaking to submit list of additional members to SEC from time to time (NS)
10. List of contributors and their corresponding contributions certified by the Treasurer (NS)
11. Affidavit of Affirmation or Verification by the Chief Priest, Minister, Rabbi or
Presiding Elder (for religious organizations) (NS)
12. Customs Broker Licenses and PTR of at least 2 Officers or Partners (for custom brokerage) (NS/P)
13. Articles of Partnership (for limited Partnerships, this should be executed under oath) (P)
14. Foreign Investment Application Form (for subsidiaries of foreign corporation) (S)
1. Verify/reserve proposed name with the Name Verification Unit
2. Draw up the Articles of Incorporation and By-Laws in accordance with the Corporation Code. Blank forms are also available from the CRMD.
3. If required, get endorsements from other government agencies.
4. Deposit paid-up capital/contribution (for foundations only) in the bank.
5. Present six (6) sets of the accomplished forms and documents for preprocessing
at the CRMD. Only complete application documents are accepted for processing. All documents executed outside the Philippines must be authenticated by the appropriate Philippine Embassy or consulate in the area concerned.
6. Pay the filing fees to the Cashier.
7. Claim the Certificate/License from the Releasing Unit, Records Division upon presentation of the official receipt issued for payment of filing fee. For complete details and online registration, visit www.sec.gov.ph/secireg.htm
REGISTERING WITH THE SOCIAL SECURITY SYSTEM (SSS)
An employer, or any person who uses the services of another person in business, trade, industry or any undertaking must be registered with the SSS. Social, civic, professional, charitable and other non-profit organizations, which hire the services of employees, are considered “employers”.
Social Security System (SSS)
SSS Bldg., East Avenue, Diliman, Quezon City
Tel. Nos. 920.6401 / 920.6446
An owner of a single proprietorship business may accomplish and submit SSS Forms R-1 (Employer’s Data Record) and R-1A (Initial or Subsequent List of Employees).
Any of the partners of a partnership firm should accomplish SSS Forms R-1 and R-1A and submit these forms together with a photocopy of the Articles of Partnership. The original copy of the Articles of Partnership must be presented for authentication.
A corporation must accomplish SSS Forms R-1 and R-1A signed by its president or any of the corporate officers or incorporators. Submit these forms together with the photocopy of the Articles of Incorporation. The original copy of the Articles of Incorporation must be presented to the SSS for authentication.
For complete details and information, visit www.sss.gov.ph
REGISTERING WITH THE COOPERATIVE DEVELOPMENT AUTHORITY (CDA)
All cooperatives are required to register with the CDA as per Republic Act 6938/6939. Register at:
Cooperative Development Authority (CDA)
6/F, Benlor Bldg., 1184 Quezon Ave., Quezon City
Tel. No. 373.6896
1. Submit four copies of the Articles of Cooperation.
2. Submit four copies of the By-Laws.
3. Submit four copies of the Economic Survey (feasibility study).
4. Submit Bond Accountable Officers (Fidelity, Cash, or Surety).
5. Capitalization should not be lower than P2,000 (depending on the activities registered).
6. At least 15 members are required.
For complete details and information, visit www.cda.gov.ph
REGISTERING WITH THE BUREAU OF INTERNAL REVENUE (BIR)
Every business enterprise has to register with the BIR for taxation purposes. Below are the steps to follow:
1. Secure a permanent record file number of Tax Identification Number (TIN)
from the BIR National Office in Diliman, Quezon City.
2. Register the business/trade name at the BIR office nearest you. Secure and file an application form, together with supporting papers, as follows:
* ?Mayor’s permit
* Certificate of Business Name Registration from the DTI
* Articles of Partnership or Corporation
* Community Tax Certificate
3. Secure authority to print books of account, invoices, receipts, and other accounting records by filling up four copies of an application form. Attach four draft copies of the material to be printed as well as a copy of the job order.
4. Register book of accounts, invoices, receipts, etc.
For complete details and information, visit www.bir.gov.ph
REGISTERING WITH THE DEPARTMENT OF LABOR AND EMPLOYMENT (DOLE)
Business establishments with five or more employees are encouraged to register with DOLE, the agency which monitors compliance with labor laws. Registration is mandatory for firms which employ 50 or more workers. The Bureau of Local Employment administers the registration of establishments. To register, secure and fill up a registration form. Corporations are required to attach a photostat copy of the SEC Certificate of Registration.
Department of Labor and Employment (DOLE)
2/F, Dy International Bldg., San Marcelino cor. Gen. Malvar St.
Tel. No. 339.2013 / Hotline: 527.8000
Email: firstname.lastname@example.org / Website: www.dole.gov.ph
For complete details and information, visit www.dole.gov.ph
REGISTERING WITH THE LOCAL GOVERNMENT
All businesses, whatever the legal form, are required to secure a mayor’s permit or municipal license from the city or municipality where they are located. Various cities and municipalities have different registration procedures, but the following steps prescribed in Quezon City would be typical:
1. Go to the Business Permit and Licensing Office of Quezon City Hall. Secure an application form from the Public Assistance Office.
2. Submit three copies of the form together with a simple sketch of your business location.
* Support application with a Certificate of Business Name Registration from the DTI-NCR if you are using a firm name
* ?A partnership or corporation must submit the corresponding Articles of Partnership or Incorporation duly registered with the SEC, together with a photostat copy of the certificate of Registration with the SEC, and the current class “C” certificate in the case of corporations
3. Proceed to the City Treasurer’s Office for any payments to be made. Present Mayor’s Permit for issuance of the business license.
1. Business establishments are required to exhibit the mayor’s permit conspicously in the business establishment.
For manufacturers of drugs, cosmetics, and food products
For rice, corn, and flour dealers
For processors and traders of fibers and fiber products
For those engaged in the export of fish and fish products and other aquatic products
For exporters of animals and animal by-products
Bureau of Food and Drugs (BFAD)
Philinvest Corporate Center
Tel. No. 807.0721
Fax No. 807.0751
Fiber Industry Development Authority (FIDA)
Asiatrust Bank, Annex Bldg.
1424 Quezon Avenue, Quezon City
Tel. Nos. 373.7489 / 373.9241
Bureau of Fisheries and Aquatic
Arcadia Building, Quezon Avenue Quezon City
Tel. Nos. 372.5057 / 372.5046
Bureau of Animal Industry (BAI)
Visayas Avenue, Quezon City
Tel. Nos. 927.0971 / 926.8814
REGISTERING WITH OTHER AGENCIES
Depending on the type of products they manufacture or handle and on their market orientation, certain firms are required by law to register with other government agencies.
For firms wishing to register patents and trademarks
Intellectual Property Philippines
IPO Bldg., 351 Sen. Gil Puyat Ave.
Tel. No. 752.5450
Fax No. 890.4862
Bureau of Plant Industry (BPI)
San Andres, Malate, Manila
Tel. Nos. 525.7313 / 524.0768
Forest Management Bureau
FMB Building, Visayas Ave.
Diliman, Quezon City
Tel. Nos. 927.4788 / 927.6229
For exporters of plant and plant products
For exporters of forest products (e.g., logs, lumber products, plywood etc.)
For those engaged in the production or export of fluecured Virginia-type tobacco,
Burley tobacco, and Turkish/ Oriental tobacco products
For commodity clearance for producers, manufacturers or exporters (Their products will
be tested to ensure that they meet established standards.)
DTI – Bureau of Trade Regulation and Consumer Protection (BTRCP)
2/F, Trade and Industry Bldg.
361 Sen. Gil Puyat Ave., Makati City
Tel. No. 751.0384
For enterprises engaged directly or indirectly in the servicing, repair or maintenance of vehicles, engines and engineering works, electrical components, electronics, airconditioning and refrigeration, office machines and data processing equipment, medical and dental equipment. Technical personnel, (e.g., mechanics or technicians) are also within thescope of the BTRCP.
Source: Bureau of Micro, Small and Medium Enterprise Development