Business Registration Business Registration

and Licensingand Licensing

Engr. Edwin O. BanquerigoEngr. Edwin O. BanquerigoDTI NERBAC DavaoDTI NERBAC Davao

Single Window for Investment FacilitationSingle Window for Investment Facilitation

National Economic Research and National Economic Research and Business Assistance Center (Business Assistance Center (NERBACNERBAC))

• Express Licensing & Registration

• One Stop Exports Documentation Center

• Incentives Facilitation

• Investment Knowledge Management

• Registration, Licensing, Accreditation Registration, Licensing, Accreditation - DTI - CDA - MGB - PHIC

- HDMF - DOLE - BIR - PCAB - DENR - SSS - LGU

• Registration & Incentives FacilitationRegistration & Incentives Facilitation- DCIPC - BOI

• Export Documentation ProcessingExport Documentation Processing- BOC - BPI/PQS - BFAR- FIDA - PCA - DENR

Partner InstitutionsPartner Institutions

• Legal restrictionLegal restriction• Liabilities assumedLiabilities assumed• Type of business operationType of business operation• Earning distributionEarning distribution• Capital needsCapital needs• Number of employeesNumber of employees• Tax advantages or disadvantagesTax advantages or disadvantages• Length of business operationLength of business operation

Business StructureBusiness Structure

Form of OwnershipForm of Ownership

OwnershipOwnership AdvantagesAdvantages DisadvantagesDisadvantages

Single Single

-Easy to set up-Easy to set up

-Fast decision making-Fast decision making

-Demand owners’ personal -Demand owners’ personal timetime

-Growth limited by owners -Growth limited by owners financial meansfinancial means

PartnershipPartnership-Relatively easy to set up-Relatively easy to set up

-Check & balance maintained-Check & balance maintained

-Possible conflict w/ partners-Possible conflict w/ partners

-Decision by one binding to -Decision by one binding to the otherthe other

CorporationCorporation

-Sharing of risks and losses-Sharing of risks and losses

-Maximum flexibility for growth-Maximum flexibility for growth

-Limited liability-Limited liability

-Greater room for professio- -Greater room for professio- nalism in mngtnalism in mngt

-Complicated setting up-Complicated setting up

-Individual stockholder may -Individual stockholder may have limited influence on have limited influence on mngtmngt

-Tendency to institutionalize a -Tendency to institutionalize a bureaucracybureaucracy

Business Registration ProcessBusiness Registration Process

STARTSTART DTIDTI LGULGU DOTDOT ENDEND

SECSEC

CDACDA

Firm Name Firm Name RegistrationRegistration

Business Business PermitPermit

Mandatory Mandatory RegistrationRegistration

Other Licenses Other Licenses and Permits *and Permits *

HDMFHDMF

SSSSSS

PHICPHICDOLEDOLE

DENRDENR

BIRBIR BFADBFAD

FPAFPA

BSPBSP

NFANFA

BOIBOI

LTFRBLTFRB

* Depending on the type of business* Depending on the type of business

• SEC SEC Corp/Partnership RegistrationCorp/Partnership Registration

• DTIDTI Business name Registration, singleBusiness name Registration, single

• CDACDA Coop RegistrationCoop Registration

• LGULGU Business PermitBusiness Permit

• BIRBIR Certificate of Registration, TINCertificate of Registration, TIN

• SSSSSS Certificate of RegistrationCertificate of Registration

• PHIC PHIC Clearance/RegistrationClearance/Registration

• HDMFHDMF Clearance/ RegistrationClearance/ Registration

Registration ProcessRegistration Process

• Articles of Incorporation and By-Laws Articles of Incorporation and By-Laws • Verification slip (re: corporate name)Verification slip (re: corporate name)• Registration Data Sheet Registration Data Sheet • Treasurer’s Affidavit Treasurer’s Affidavit • Bank Certificate of Deposit Bank Certificate of Deposit • Authority to verify bank accountAuthority to verify bank account• Subscriber Information Sheet Subscriber Information Sheet • Undertaking to change name Undertaking to change name • Other clearances, if req’d.Other clearances, if req’d.

SEC RegistrationSEC Registration

• Articles of Cooperative Articles of Cooperative • By-Laws By-Laws • Economic Survey Economic Survey • Bond of Account OfficerBond of Account Officer• Certificate of Pre MembershipCertificate of Pre Membership• Undertaking to submit admin reqmtsUndertaking to submit admin reqmts• Undertaking to change nameUndertaking to change name• Registration Fee of P500 or 1/10% of Registration Fee of P500 or 1/10% of

authorized capital w/c ever is higher authorized capital w/c ever is higher

CDA RegistrationCDA Registration

• Single ProprietorshipSingle Proprietorship - DTI BN Certificate - DTI BN Certificate - Community Tax Certificate- Community Tax Certificate • Corp/Partnership Corp/Partnership - SEC Registration - SEC Registration - Articles & By-Laws- Articles & By-Laws • Other RequirementsOther Requirements - Barangay Clearance - Barangay Clearance

- Cert. of Tax Exemption- Cert. of Tax Exemption

Mayor or Business PermitMayor or Business Permit

• Individual/Individual/CorporationCorporation - Business Permit - Business Permit - SEC or DTI Certificate - SEC or DTI Certificate - Articles and By-Laws - Articles and By-Laws - Sketch of Premises - Sketch of Premises

- Lease Contract of Rented Space- Lease Contract of Rented Space • Addt'l for Addt'l for Single ProprietorshipSingle Proprietorship - Birth Certificate - Birth Certificate - Marriage Contract - Marriage Contract - Birth Certificates of Dependents- Birth Certificates of Dependents • Registration Fee: P500.00Registration Fee: P500.00 • Attendance to BIR SeminarAttendance to BIR Seminar

BIR Certificate of RegistrationBIR Certificate of Registration

• Corporation/PartnershipCorporation/Partnership - SEC/CDA Certificate - SEC/CDA Certificate - Articles and By-Laws - Articles and By-Laws - Business Permit- Business Permit • Single ProprietorshipSingle Proprietorship - DTI BN Certificate - DTI BN Certificate - Birth Certificate - Birth Certificate - Marriage Contract - Marriage Contract - Birth Certificates of Dependents- Birth Certificates of Dependents

• Minimum initial remittance: P 600.00Minimum initial remittance: P 600.00

Philhealth ClearancePhilhealth Clearance

• Corporation/Partnership/Coop Corporation/Partnership/Coop - SEC/CDA/DTI Certificate - Business Permit - SSS Registrations • For Self-Employed For Self-Employed - Valid ID with sig. & photo - Commitment to remit - SSS Registrations • Attendance to seminarAttendance to seminar

HDMF RegistrationHDMF Registration

• SEC/CDA Certificate (Corp, Partnership)

• Articles and By-Laws • DTI BN Certificate (Single Prop.) • Business Permit• Attendance to Seminar

SSS Certificate of Membership SSS Certificate of Membership

• Business Name RegistrationBusiness Name Registration• Repair Shops AccreditationRepair Shops Accreditation• Fire Extinguisher LicensingFire Extinguisher Licensing• Real Estate Broker Licensing Real Estate Broker Licensing • Contractor’s AccreditationContractor’s Accreditation• Private Emission Testing Center Accr.Private Emission Testing Center Accr.• PS (Product Standards) LicensingPS (Product Standards) Licensing• Import Commodity ClearanceImport Commodity Clearance• Sales PromotionSales Promotion

DTI Registration & LicensingDTI Registration & Licensing

•QualificationQualification - For a natural person, must be 18 years old- For a natural person, must be 18 years old- For a juridical person, must not be - For a juridical person, must not be disqualified by law to engage in businessdisqualified by law to engage in business

A Juridical person already registered with SEC or A Juridical person already registered with SEC or CDA and using only such corporate, partnership CDA and using only such corporate, partnership or cooperative name may no longer registered or cooperative name may no longer registered with DTIwith DTI

Business Name RegistrationBusiness Name Registration

• Single ProprietorshipSingle Proprietorship

- 2 pcs 2x2 ID photo - 2 pcs 2x2 ID photo - P300 + 15 Doc Stamp - P300 + 15 Doc Stamp - Proof of citizenship for natural born Filipinos - Proof of citizenship for natural born Filipinos whose name are suggestive of alien whose name are suggestive of alien nationality (PRC ID, Birth Certificate ,etc)nationality (PRC ID, Birth Certificate ,etc) - For naturalized Filipinos, Certificate or Oath of - For naturalized Filipinos, Certificate or Oath of Allegiance or ID issued by BIDAllegiance or ID issued by BID

• Corp/Partnership/CDA (Optional) Corp/Partnership/CDA (Optional) - SEC Registration and Articles & By-Laws - SEC Registration and Articles & By-Laws

- P500 + 15 Doc Stamp - P500 + 15 Doc Stamp - Board Resolution if using adopted name- Board Resolution if using adopted name

Business Name RegistrationBusiness Name Registration

• FranchisingFranchising - Franchise Agreement - Franchise Agreement - BN Certificate of Franchise- BN Certificate of Franchise

• Bulk Sales (Sales/Transfer of Business)Bulk Sales (Sales/Transfer of Business) - Deed of Sale, Assignment or TransferDeed of Sale, Assignment or Transfer - Inventory of properties sold, assigned/transferred- Inventory of properties sold, assigned/transferred - Affidavit of vendor stating that at the time of sale, - Affidavit of vendor stating that at the time of sale, he had no creditors, or if there are any, copy of he had no creditors, or if there are any, copy of notice to them regarding the sale;notice to them regarding the sale; - Original BN certificate of vendor;- Original BN certificate of vendor; - Fee of P55- Fee of P55

Other RequirementsOther Requirements

BN Registration – Single ProprietorshipBN Registration – Single Proprietorship

Fill-up BN Application Form and include Fill-up BN Application Form and include with awith a Preferred Name & 3 Preferred Name & 3

Alternative NamesAlternative Names

Pay application Fee ofPay application Fee of P300.00P300.00

Submit Application Form withSubmit Application Form with 2Passport 2Passport ID photo, Doc Stamp, P15.00ID photo, Doc Stamp, P15.00

Fill-upFill-up Authorization FormAuthorization Form, in case in case release is thru a representativerelease is thru a representative

BN Release inBN Release in 2-3 Days2-3 Days

For foreign sounding names, submit For foreign sounding names, submit proof of citizenship,proof of citizenship, PRC ID, Birth PRC ID, Birth

CertificateCertificate

BN Registration – Corp/Partnership/CoopBN Registration – Corp/Partnership/Coop

Fill-up BN Application Form.Fill-up BN Application Form. Must be signed Must be signed by a Board of Directorby a Board of Director or submit Boardor submit Board

Resolution authorizing other signatoryResolution authorizing other signatory

Pay application Fee ofPay application Fee of P500.00P500.00

Submit Application Form withSubmit Application Form with SEC or CDA SEC or CDA RegistrationRegistration and and Articles of Inc/CoopArticles of Inc/Coop

and and Doc Stamp (P15.00) Doc Stamp (P15.00)

Fill-up Fill-up Authorization FormAuthorization Form, in case release in case release will done thru a representativewill done thru a representative

BN Release inBN Release in 2-3 Days2-3 Days

SubmitSubmit Board ResolutionBoard Resolution for registration of for registration of adopted name or branchadopted name or branch

• Those which are similar or confusingly similar to a previously registered Business name taking into consideration the following:

- nature of the businessnature of the business

- product/services handled- product/services handled - location/place of business- location/place of business - capitalization- capitalization - general appearance, spelling, sound and - general appearance, spelling, sound and meaningmeaning - use of dominant/descriptive words- use of dominant/descriptive words - other factors to be determined by the DTI Secretary- other factors to be determined by the DTI Secretary

What Cannot be RegisteredWhat Cannot be Registered

• Those which are or whose nature of business are illegal, immoral, scandalous, or inimical to

national security;

• Words use to designate quality of goods or services;

What Cannot be RegisteredWhat Cannot be Registered

• The words company, limited, associates, company, limited, associates, inc., groupinc., group cannot be be used for single proprietorships;

• The words Philippine, nation, state, Philippine, nation, state, barangaybarangay,, among others are for exclusive use of the government

• The names or its abbreviations of any nation or any inter-governmental, int’l org’ns unless duly authorized, i.e. UNUN

Words which cannot be RegisteredWords which cannot be Registered

What Cannot be Registered. . .

• The words PC, Philippine Constabulary, PC, Philippine Constabulary, Police, Law EnforcementPolice, Law Enforcement and IntelligenceIntelligence cannot be used by Security and Investigation agencies;

• The word InternationalInternational except those engaged in export/import;

• The word Bargain, DiscountBargain, Discount

• The word industryindustry except if engaged in manufacturing processing or farming;

• The full name of another person except if part of a bulk sales transaction;

BN Applications Requiring Licenses BN Applications Requiring Licenses From other AgenciesFrom other Agencies

• Business engaged in sale or rental of video tapes. . . Video Regulatory Board

- Video, Beta and other similar words should be included of the BN;

• Pawnshops. . . Central Bank - minimum capitalization of P100,000;

• Overseas Recruitment Agencies… POEA. - minimum capitalization of P1M

BN Applications Requiring… cont.

• Hotel, motel, inn, resort, tour agency or allied business ... DOT

• Food, drugs, cosmetics processing …BFAD

• Fertilizer, pesticides processing… FPA

• Customs brokers and insurance agents… Insurance Commission license

• Practice of profession. . . PRC License

BN Applications Requiring… cont.

• Firearms, ammo manufacture or sale … DND

• Auto, aircon, electrical & equipment Service and Repair shops … DTI

• Fire extinguisher mftr & refillers … DTI.

Key to SuccessKey to Success

AA - 1- 1 F F - 6- 6 K K - 11- 11 PP - 16- 16 U U - 21- 21 Z Z - 26- 26BB - 2- 2 GG - 7- 7 L L - 12- 12 QQ - 17- 17 V V - 22- 22 CC - 3- 3 H H - 8- 8 N N - 14- 14 RR - 18- 18 WW - 23- 23 DD - 4- 4 I I - 9- 9 M M - 13- 13 S S - 19- 19 XX - 24- 24EE - 5- 5 J J - 10- 10 OO - 15- 15 T T - 20- 20 YY - 25- 25

H A R D W O R K 8 +1 +18 + 4 + 23 +15 +18 +11 = 98

K N O W L E D G E11 +14 +15 + 23 +12 +5 +4 +7 +3 = 99

A T T I T U D EA T T I T U D E1 +20 +20 +9 +20 +21 + 4 + 5 = 100%

Thank youThank you

Note:

Succeeding slides are for reference materials only but

can be presented if time permits

ON-LINE BUSINESS NAME ON-LINE BUSINESS NAME REGISTRATIONREGISTRATION

STEP 1STEP 1

Go to the websiteGo to the website

http://www.bnrs.dti.gov.phhttp://www.bnrs.dti.gov.ph

STEP 2STEP 2

Look for the iconLook for the icon “Apply New “Apply New Applications”Applications” and Clickand Click

STEP 3STEP 3

Look for the iconLook for the icon “Start Applying “Start Applying

for a Business Name”for a Business Name” and clickand click

STEP 4STEP 4

Read theRead the “BNRS Terms and “BNRS Terms and

Conditions”Conditions”

STEP 5STEP 5

If agreeable to the terms and If agreeable to the terms and conditions, click the iconconditions, click the icon

““I Agree” I Agree”

STEP 6STEP 6Write your proposed business name/s in the Write your proposed business name/s in the

following boxes: following boxes:

““First Priority, Second Priority, Third Priority”First Priority, Second Priority, Third Priority”

and clickand click

””Check Business Names.”Check Business Names.”

STEP 7STEP 7

ClickClick “Register this Business “Register this Business Name”Name”

STEP 8STEP 8

Your proposed business name will Your proposed business name will

be displayed and to continue, be displayed and to continue,

clickclick “Next” “Next”

STEP 9STEP 9

Fill up the form on page 1 of the Fill up the form on page 1 of the application particularly those with application particularly those with

an an * * sign. The asterisk sign. The asterisk meansmeans “it is “it is a required information”a required information” and then and then

clickclick “Next.”“Next.”

STEP 10STEP 10

You are now on Page 2 of the You are now on Page 2 of the application, check application, check

appropriate box onappropriate box on “Business “Business Activity”Activity” and clickand click “Next”“Next”

STEP 11STEP 11

You are now on Page 3 of the You are now on Page 3 of the

application, check appropriate application, check appropriate

box onbox on “Products and Services” “Products and Services”

and clickand click “Next”“Next”

STEP 12STEP 12

You are now on Page 4 of the You are now on Page 4 of the

application, check most applicable application, check most applicable

box onbox on “Philippine Standard Industrial “Philippine Standard Industrial

Classification”Classification” and clickand click “Next“Next””

STEP 13STEP 13

You are now on the Last Page of the You are now on the Last Page of the

application, clickapplication, click “Preview”“Preview” if data if data

entry is correct and then clickentry is correct and then click

“Next”“Next”

STEP 14STEP 14You have now completed the whole application process, please take You have now completed the whole application process, please take

note of yournote of your

““TRN – Transaction Reference Number”.TRN – Transaction Reference Number”.

ClickClick “Print”“Print” and thenand then sign the TRN Acknowledgement Receiptsign the TRN Acknowledgement Receipt and go to the and go to the nearest DTI Office and submit the TRN and other required documents such as:nearest DTI Office and submit the TRN and other required documents such as:

– Two (2) pcs of 2x2 colored pictureTwo (2) pcs of 2x2 colored picture– P15 doc stamps; and P15 doc stamps; and – P300 registration fee for single proprietorship P300 registration fee for single proprietorship and P500 for corporationand P500 for corporation..

Thank you

Please do not include in the handouts.

Resume

ENGR. EDWIN ORCULLO BANQUERIGO

Position: Chief Trade and Industry Development Specialist Department of Trade and Industry - XI

Designation: Deputy Center Manager National Economic Research and Business Assistance Center (NERBAC)

Educational Qualifications:

BS Agricultural Engineering, Mindanao State University, Marawi City

Masters in Business Administration Ateneo De Davao University