(A practical legal guide in Philippine context)
1) Start with the right question: “Business name” can mean different things
In the Philippines, “business name” is often used casually to refer to any of these:
- DTI Business Name (BN) — the name of a sole proprietorship (e.g., “Juan Dela Cruz Trading”).
- SEC Entity Name — the registered name of a corporation/partnership/OPC (e.g., “ABC Trading Corp.”).
- Cooperative Name — registered with the CDA.
- Brand/Trade Name/Trademark — protected under IP law (IPOPHL), which is different from DTI/SEC registration.
- Local business “permit name” — what appears on the Mayor’s Permit (LGU), which may not always match DTI/SEC exactly.
So the first step is identifying what kind of registrant you’re dealing with, because “still registered” is proved in different ways depending on the agency.
2) What “still registered” usually means (legally and practically)
A name can be “still registered” in one sense but not in another. Common scenarios:
A. The name is still on file but the business is not operating
- A corporation may exist in SEC records even if it stopped operations.
- A sole proprietorship may have an old registration record even if the business has effectively ceased.
B. The name registration is expired
- DTI business name registrations are issued with a validity period and are typically renewable.
- If it isn’t renewed, the BN can become expired, and (depending on current DTI rules) may become available for others to register.
C. The entity is dissolved/cancelled/struck off
- Corporations/partnerships can be dissolved voluntarily or involuntarily.
- Sole proprietorship BNs can be cancelled/withdrawn under DTI processes.
D. The entity exists, but its local permits and BIR registration are not current
- Businesses typically must renew Mayor’s Permit annually and maintain BIR registration compliance.
- A business can be “registered” with DTI/SEC but not legally permitted to operate locally if permits are not updated.
Best practice: treat “still registered” as a bundle of checks:
- Name registration/registration of entity (DTI/SEC/CDA)
- Tax registration status (BIR)
- Local authority to operate (LGU Mayor’s Permit)
- IP risk (trademark)
3) Identify the business type quickly (so you know where to check)
Ask for any of the following documents (a legitimate business should be able to provide these):
For sole proprietorship (DTI)
- DTI Certificate of Business Name Registration
- Mayor’s Permit
- BIR Certificate of Registration (COR) (commonly BIR Form 2303)
For corporations/partnerships/OPC (SEC)
- SEC Certificate of Incorporation / Registration
- Articles of Incorporation/Partnership
- General Information Sheet (GIS) (for corporations)
- Mayor’s Permit
- BIR COR
For cooperatives (CDA)
- CDA Certificate of Registration
- CDA-approved documents
- Mayor’s Permit
- BIR COR (if applicable)
If you don’t have documents, you can still do checks using publicly accessible verification methods and formal requests.
4) Checking a sole proprietorship business name (DTI)
A. Understand what DTI registers
DTI registers the Business Name (BN) of a sole proprietorship. This is not a separate legal entity from the owner; it’s a name the owner is allowed to use for business.
B. Practical ways to check if the DTI BN is still registered
Use DTI’s online BN search/verification features (if available to the public at the time you check).
- You typically search by the business name and sometimes filter by region/city.
- What you’re looking for is an indication of status (e.g., active/expired/cancelled) or at least whether it exists in the database.
Ask for a copy of the DTI BN Certificate and verify:
- BN Registration Number
- Registration date
- Validity/expiration
- Registered owner name
- Business scope/territorial scope (barangay/city/region/national, depending on the certificate type)
- Exact spelling (spacing, punctuation, and key words matter)
Request official confirmation from DTI (strongest approach for due diligence)
- For higher-stakes transactions (buying a business, franchising, major supply contracts), request a certified true copy or an agency-issued certification/verification of the BN record and status, subject to DTI’s procedures and any privacy limitations.
C. Common “still registered” pitfalls for DTI BNs
- Expired BN: The certificate might look “official” but the validity has lapsed.
- Different scope: A BN may be registered only for a limited geographic scope.
- Different owner: A name may exist but under someone else’s registration.
- Not the same as trademark rights: A DTI BN does not automatically give trademark protection.
5) Checking a corporation/partnership/OPC name (SEC)
A. Understand what SEC “registration” proves
If a business is a corporation/partnership/OPC, the SEC registration proves the entity exists (or existed) as registered.
But SEC status can vary:
- Active / existing (in good standing)
- Dissolved
- Suspended/revoked (depending on compliance issues)
- Delinquent in reportorial requirements (e.g., late/non-filing), which can affect standing
B. Ways to check if it’s still registered with the SEC
Search SEC’s online company search tools (where publicly accessible).
- You can often verify if the entity appears in records, and sometimes see basic information.
Request SEC records/documents (stronger and more reliable)
- SEC Certificate of Incorporation/Registration
- Articles and By-Laws (if applicable)
- Latest filed GIS (helps confirm current directors/officers and basic corporate details)
- If you need legal certainty, request certified copies or SEC-issued certifications through SEC’s official request channels.
Cross-check the entity details
- Exact registered name (including “Inc.,” “Corp.,” “OPC,” “Ltd.,” etc.)
- SEC registration number
- Date of incorporation/registration
- Principal office address
- Names of directors/officers/partners (via GIS or partnership filings)
C. Common SEC “still registered” pitfalls
- Trade name vs. corporate name: The business may advertise a brand name that is not the SEC name.
- Name changes: The SEC-registered name may have changed; older documents may show the former name.
- Dissolution: A business may continue using branding even after dissolution—this is a major red flag for contracts.
- Similar names: Many names look alike; verify using registration numbers and addresses.
6) Checking a cooperative name (CDA)
If the business is a cooperative, the authoritative source is the Cooperative Development Authority (CDA).
How to verify
- Request the cooperative’s CDA Certificate of Registration and confirm registration details.
- Use CDA’s official verification channels or public lookup tools (if available at the time of checking).
- For serious transactions, request certified documents or confirmations from CDA under their procedures.
7) Confirm the business is allowed to operate: LGU Mayor’s Permit check
Even if DTI/SEC/CDA registration exists, businesses in the Philippines typically need a Mayor’s Permit/Business Permit from the local government unit (LGU) where they operate.
What to check
- Is the Mayor’s Permit for the current year? (permits are typically renewed annually)
- Correct business name and address
- Business nature/line of business
- Permit number and issuance/validity period
- Matching owner/entity name with DTI/SEC/CDA records
How to verify
- Ask for the current Mayor’s Permit and official receipts for renewal.
- For high-stakes needs, confirm with the BPLO (Business Permits and Licensing Office) or equivalent office in the city/municipality.
Red flag: “We’re registered with DTI/SEC” but cannot show a current Mayor’s Permit for the operating location.
8) Tax registration reality check: BIR (and what you can/can’t verify)
BIR registration is critical for legality and invoicing, but BIR taxpayer information is not generally “public lookup” in the way a corporate registry is.
What you can reasonably ask the business for
- BIR Certificate of Registration (COR) (commonly Form 2303)
- Authority to Print (ATP) or proof of compliant invoicing system
- Invoices/receipts showing valid registration details
- For VAT-registered entities (if applicable), supporting registration details
How to verify (practical due diligence)
- Match the TIN and registered name/address on documents to their DTI/SEC papers.
- If you’re entering a major contract, require representations/warranties and the right to validate tax registration as legally permissible (and/or require the business to provide BIR-issued confirmations they can lawfully share).
Red flags:
- They issue receipts/invoices that look improvised or inconsistent.
- The name on invoices doesn’t match DTI/SEC records.
- They refuse to provide a COR for a relationship that clearly requires compliant invoicing.
9) Name ownership and conflict risk: IPOPHL trademark search
A name can be “registered” as a DTI BN or SEC entity name and still infringe someone else’s trademark, especially if used as a brand.
Why this matters
- DTI/SEC registration is not the same as trademark ownership.
- A trademark owner can challenge confusingly similar marks/names used in commerce, depending on facts.
What to do
Check IPOPHL trademark records for:
- identical/similar marks
- same or related classes of goods/services
- status (registered, pending, expired, etc.)
If you’re adopting a new name or buying a business, consider a trademark clearance strategy and (if appropriate) filing your own application.
10) A step-by-step “still registered” checklist you can follow
Step 1 — Determine business type
- Sole prop → DTI
- Corporation/partnership/OPC → SEC
- Cooperative → CDA
Step 2 — Verify registration status with the proper agency
- Use online search tools if available
- Prefer certified documents/official confirmations for serious deals
Step 3 — Confirm local authority to operate (LGU)
- Check current Mayor’s Permit for the operating location
Step 4 — Confirm BIR registration and invoicing capability
- Request COR and review receipts/invoices consistency
Step 5 — Screen for trademark issues (if name is used as a brand)
- IPOPHL trademark search and risk review
Step 6 — Match everything
Ensure consistency across:
- registered name spelling
- registration numbers
- owner/entity name
- addresses
- business activity/nature
11) What statuses you may encounter and what they imply
For DTI BN (sole prop)
- Active/valid: generally safe to proceed, subject to other checks
- Expired: name may be vulnerable; usage may be questioned; re-registration/renewal needed
- Cancelled: strong indicator the BN is no longer authorized for use
For SEC entities
- Existing/Active: proceed, then check compliance indicators and permits
- Dissolved: entity generally should not be contracting as an operating business (except for winding up, depending on circumstances)
- Revoked/Delinquent: risk for enforceability, banking, bidding, and counterparties; require legal review
For LGU
- Current permit: good sign of ongoing operations
- No current permit: operating risk; may affect enforceability and practical collection/remedies
12) Due diligence tips for buyers, lenders, and contracting parties
If your goal is not just curiosity but risk management, add these:
Contract protections Include representations and warranties that:
- the business is duly registered and in good standing (as applicable)
- it holds current permits and tax registration
- it is not infringing third-party IP
- it will notify you of any cancellation/suspension/dissolution
Make “proof of current registration” a condition For example, require updated copies of:
- DTI/SEC/CDA certificate
- current Mayor’s Permit
- BIR COR
- official receipts for renewals
Beware of “borrowed names” Sometimes an operator uses another person’s DTI BN or another entity’s SEC name informally. That creates liability and enforceability issues.
Check for name changes and rebranding history Ask for prior names and confirm documentary trail.
13) If you’re checking availability because you want to use the name
If your purpose is “Is this name still registered so I can register it?”, be careful:
A name being “not found” in one database does not guarantee it’s free:
- it could be registered under a slightly different spelling
- it could be protected by a trademark
- it could exist as an SEC name even if the DTI BN is not registered
Safer approach: do parallel checks (DTI + SEC + IPOPHL) and, if the name is mission-critical, consider professional clearance and filing strategy.
14) Common red flags (practical indicators the name may not be “still registered”)
- They show a certificate but refuse to show the validity dates or registration number
- Documents have inconsistent spellings and addresses
- Their receipts/invoices don’t match the registered name
- They cannot produce a current Mayor’s Permit where they operate
- They claim “DTI registered” but present only a barangay permit (or vice versa)
- The business is using “Inc./Corp.” in marketing but is only registered as a sole prop BN (or not registered at all)
15) When to get a lawyer (and what to ask them to do)
Consider legal assistance if you are:
- buying a business, acquiring assets, or entering a franchise
- signing a long-term lease under a business name
- lending money secured by business assets
- dealing with a name dispute (trademark, unfair competition, passing off)
- contracting with an entity whose standing is unclear (possible dissolution/delinquency)
Ask counsel to:
- confirm registration and good standing through official channels
- review corporate authority (board resolutions/secretary’s certificate) for SEC entities
- run trademark risk checks and advise on registration strategy
- draft contract protections and closing conditions
16) Bottom line
To check if a business name is “still registered” in the Philippines, you must match the business type to the correct registry (DTI/SEC/CDA), then confirm operational legality through LGU permits and BIR registration, and assess trademark risk if the name is used as a brand. For casual checks, online tools and document requests may be enough; for high-stakes decisions, rely on official certifications and certified copies and build the results into your contract terms.
If you tell me the name and whether it’s supposed to be a sole proprietorship, corporation/OPC, partnership, or cooperative, I can lay out the exact verification path and the specific documents to demand for that scenario (without using online lookups).