How to Check if a Business Permit and Business Registration Are Legitimate in the Philippines

Philippine legal context overview (not legal advice; laws and procedures change—consult a lawyer or the concerned agency for specific cases).


I. Key Concepts: Registration vs. Permit vs. License

Before talking about “legitimacy,” it helps to distinguish a few basic ideas in Philippine regulatory practice:

  1. Business registration (legal existence / name registration)

    • Makes the business a legally recognized entity and/or registers its business name.

    • Main agencies:

      • DTI – sole proprietorships (Business Name Registration).
      • SEC – corporations, partnerships, one-person corporations, foundations, and some special entities.
      • CDA – cooperatives.
  2. Business/mayor’s permit (authority to operate in a locality)

    • Issued by the local government unit (LGU) (city or municipality) through its Business Permits and Licensing Office (BPLO).
    • Usually renewed annually.
    • Often accompanied by a barangay business clearance and other local clearances (fire safety, sanitary permit, zoning clearance, etc.).
  3. Tax registration (BIR)

    • Registration with the Bureau of Internal Revenue (BIR) to obtain a Tax Identification Number (TIN), Certificate of Registration (Form 2303), and authorization to print or use official receipts/sales invoices.
  4. Secondary licenses / special registrations

    • For regulated industries (banking, lending, insurance, recruitment, investments, real estate projects, etc.), a special license or registration is required from the appropriate regulator (e.g., BSP, SEC, Insurance Commission, DMW, DHSUD, etc.).

A business may be partly compliant (e.g., registered with DTI but no mayor’s permit, or has a mayor’s permit but no BIR registration). Legitimacy is stronger when all required registrations and permits for its nature and scale of operations are in place.


II. Checking DTI Business Name Registration (Sole Proprietorships)

Scope: Sole proprietorships using a business name (e.g., “ABC Trading”) must register that name with the Department of Trade and Industry (DTI).

Key documents a business may show you:

  • DTI Certificate of Business Name Registration, containing:

    • Registered business name.
    • Owner’s name.
    • Scope (Barangay, City/Municipality, Regional, or National).
    • Business address.
    • Effectivity dates (validity period).
    • Certificate number.

How to evaluate the DTI Certificate:

  1. Check the basic details

    • Is the business name exactly what they are using in operations, website, invoices, etc.?
    • Does the address on the certificate match the actual business location?
    • Is the owner’s name consistent with IDs or other documents?
  2. Check validity and expiration

    • DTI business name registrations are usually valid for a fixed term (e.g., five years) and must be renewed.
    • See if the expiry date has lapsed. An expired business name registration is a red flag.
  3. Check for alterations

    • Blurry logos, misaligned text, spelling mistakes, obvious pixelation, or mismatched fonts can indicate a fake or edited certificate.
    • Look for an official DTI seal, signature, and reference numbers that look consistent.
  4. Name vs. legal status

    • For a sole proprietor, DTI registration does not create a corporation; it merely gives the owner the right to use the business name.
    • Only corporations/partnerships are formed by SEC registration; so a DTI certificate for “XYZ Corporation” is inherently suspicious (a corporation should have an SEC Certificate, not DTI).

III. Checking SEC Registration (Corporations, Partnerships, OPCs, Foundations)

Scope: Corporations, partnerships, one-person corporations, and certain special entities must register with the Securities and Exchange Commission (SEC).

Key documents a legitimate SEC-registered entity may present:

  • SEC Certificate of Incorporation (or Registration, in case of partnerships).
  • Articles of Incorporation/Partnership and sometimes By-Laws.
  • The latest General Information Sheet (GIS), if applicable.
  • For supervised/regulated entities (e.g., lending companies, financing companies, investment houses), a secondary license from SEC.

How to evaluate SEC registration documents:

  1. Certificate of Incorporation / Registration

    • Should show:

      • Exact corporate/partnership name (e.g., “ABC Trading Corporation”).
      • SEC Registration Number.
      • Date of registration.
    • Watch for:

      • Spelling mismatches between the certificate and actual usage.
      • Blurry or obviously edited SEC logos or seals.
  2. Articles of Incorporation / Partnership

    • Check:

      • Primary purpose and secondary purposes – do they match what the business is actually doing (e.g., “trading of goods,” “software development,” “lending money”)?
      • Principal office address – should match the address used in contracts, website, and permit.
      • Names of incorporators/partners – these should align with people representing the company (at least for older entities; ownership may change later).
  3. General Information Sheet (GIS)

    • Shows current directors/ officers / stockholders and registered office.

    • Look for:

      • Whether the GIS appears recent and properly signed.
      • Consistency with who is dealing with you (e.g., a person signing as “President” should appear as such in the latest GIS, or at least there should be documentary authority like a Secretary’s Certificate).
  4. Secondary licenses for regulated activities

    • If the entity is:

      • Lending or financing money to the public.
      • Selling securities or investment contracts.
      • Acting as a broker, dealer, investment house, or fund manager, etc.
    • It may need a separate license from the SEC (commonly referred to as a “secondary license”).

    • If they claim to be engaged in such regulated activity but cannot show an appropriate SEC license, that is a serious red flag.

  5. Consistency across documents

    • The corporate name on the SEC Certificate, the Mayor’s Permit, BIR COR, and contracts should substantially match (minor punctuation differences aside).
    • Large discrepancies (e.g., “XYZ Lending Corp.” in one document, “XYZ Consultancy Corp.” in another) need explanation.

IV. Checking CDA Registration (Cooperatives)

If the entity is a cooperative (e.g., multipurpose coop, credit coop), it should be registered with the Cooperative Development Authority (CDA).

Key document:

  • CDA Certificate of Registration indicating:

    • Name of the cooperative.
    • Type of cooperative.
    • Registration number and date.

What to check:

  • Name and address consistency with other documents.
  • Whether their claimed activities (e.g., savings, credit, lending) match what a cooperative of that type is allowed to do.
  • That they are not misleadingly presenting themselves as a “bank” or “investment company” without the appropriate licenses.

V. Checking Local Business Permits (Mayor’s Permit, Barangay Clearance, etc.)

The Mayor’s Permit (Business Permit) is issued by the city or municipal government where the business operates.

Common associated documents:

  • Barangay Business Clearance.
  • Mayor’s/Business Permit (valid for one calendar year and renewed annually).
  • Sanitary Permit (for food, health-related, or certain service industries).
  • Fire Safety Inspection Certificate (FSIC).
  • Occupancy Permit / Zoning Clearance, especially for physical establishments.

How to evaluate these documents:

  1. Check business identity

    • The business name or corporate name on the permit must match DTI/SEC/CDA registration.
    • The trade name or “doing business as” (if any) should be clearly indicated.
  2. Check address and nature of business

    • The business address should be the actual location you visited or are dealing with.
    • The line of business must be reasonably consistent with what they’re actually doing. An IT services office claiming to operate a “restaurant” on paper is suspicious.
  3. Check validity period

    • Mayor’s permits are usually valid for the calendar year (e.g., January 1 to December 31).
    • A permit from several years ago without renewal is not sufficient for current operations.
  4. Security features

    • Official seal or logo of the LGU.
    • Signature of the mayor or authorized officer.
    • Official permit number and date.
  5. Cross-check with other LGU clearances

    • Barangay clearance should show the same name and address.
    • Fire and sanitary permits should reference the same business or owner.

If you are in doubt, you can contact or visit the city/municipal hall (BPLO, Treasurer, Business Permits Office) to verify if a permit number and business name are in their records for the current year.


VI. Checking BIR Registration (Tax Legitimacy)

Every business regularly doing business in the Philippines is generally required to register with the BIR.

Key documents and items:

  • BIR Certificate of Registration (Form 2303):

    • Shows business name, TIN, address, tax type (e.g., VAT or non-VAT), and registered activities.
  • “Ask for BIR Receipt” or customer assistance poster (for establishments).

  • BIR-authorized receipts/invoices:

    • Must indicate “VAT Registered” or “Non-VAT” as appropriate.
    • Must show BIR Authority to Print (ATP) or similar reference details.
  • For some, a registration plate or notice.

How to assess:

  1. Compare names and addresses

    • The name on Form 2303 should match DTI/SEC/CDA docs and the business permit.
    • The address should match the actual office/store or at least one of the registered establishments.
  2. Check the TIN

    • For corporations, the TIN structure is different than for individuals, but both are numeric.
    • Inconsistent TINs appearing on documents or receipts is a warning sign.
  3. Examine official receipts / sales invoices

    • Must show:

      • Business name and address.
      • TIN.
      • OR/SI number.
      • Indication of VAT or non-VAT status.
    • Watch for obviously informal receipts (blank pad, no TIN, no BIR info) for substantial transactions; those may indicate non-registration.


VII. Secondary Licenses and Sector-Specific Regulators

Even if a business has valid DTI/SEC registration and an LGU permit, it may still be operating illegally if it engages in a regulated activity without the necessary regulatory license.

Examples (non-exhaustive):

  1. Banking, remittance, e-money, pawnshops, money service businesses (MSBs)

    • Regulated mainly by the Bangko Sentral ng Pilipinas (BSP).
    • Entity should be able to show appropriate BSP authorization or registration.
  2. Insurance, pre-need plans, HMOs (certain cases)

    • Supervised by the Insurance Commission (IC).
  3. Securities and investments

    • Public offering of securities, investment contracts, or acting as a broker/dealer is regulated by SEC.
    • Check for an SEC secondary license for these specific activities, not just a general Certificate of Incorporation.
  4. Real estate developers and projects

    • Housing and land development (subdivisions, condos) require registration and licenses with DHSUD (formerly HLURB) and/or appropriate local bodies.
  5. Overseas recruitment agencies, manning agencies

    • Require licensing/registration with the Department of Migrant Workers (DMW, formerly POEA).
  6. Schools, training centers

    • Need recognition or permits from DepEd, CHED, TESDA, etc., depending on level and type.

If a company is offering services that fall within these areas but cannot show any relevant secondary license, treat that as a major red flag, even if their basic business permit appears valid.


VIII. Registration with Labor and Social Agencies (Employer Legitimacy)

For employers, particularly if you are checking a prospective employer’s legitimacy, also consider:

  • DOLE registration for establishments employing workers.
  • SSS, PhilHealth, Pag-IBIG employer registration numbers and documents.

An employer that cannot show any evidence of registration with these agencies may be non-compliant, which could put employees at risk.


IX. Practical Step-by-Step Approach to Checking Legitimacy

When you need to check if a business is legitimate (for example, a supplier, landlord, employer, or online seller with significant transactions), you can follow a structured approach:

  1. Ask what kind of entity they are

    • Sole proprietorship, corporation, partnership, cooperative, or something else?
    • This determines whether you should see DTI, SEC, or CDA documents.
  2. Request primary registration documents

    • Sole proprietor → DTI Certificate of Business Name Registration.
    • Corporation/partnership/OPC → SEC Certificate of Incorporation/Registration.
    • Cooperative → CDA Certificate of Registration.
  3. Request local business permit(s)

    • Latest Mayor’s/Business Permit (current year).
    • Possibly barangay clearance, sanitary, and fire permits if relevant to their operations.
  4. Request BIR registration and sample official receipt/invoice

    • BIR Form 2303 (Certificate of Registration).
    • A recent receipt/invoice for a small test transaction, if practical.
  5. Check the following for consistency

    • Business name across DTI/SEC/CDA, LGU permits, BIR, contracts, and receipts.
    • Address across all documents and the actual place of business.
    • Nature of business or line of business vs. what they are actually doing.
  6. Ask for secondary licenses if the business is in a regulated field

    • Lending, financing, securities/investments, remittances, insurance, recruitment, etc.
  7. Observe how they respond to reasonable requests

    • Legitimate businesses typically do not hesitate to show their permits and registrations.

    • Excuses such as:

      • “The documents are all with our accountant; we cannot show them at all.”
      • “We are still processing everything” (for a long-operating business). are warning signs, especially for high-value transactions.

X. Common Red Flags and Risk Indicators

  1. Mismatched names and addresses

    • DTI certificate shows “ABC Trading” in Quezon City, but the mayor’s permit is for “XYZ Trading” in another city.
  2. Expired or missing permits

    • Mayor’s permit from years ago with no renewals.
    • DTI or SEC registration that’s not supported by any recent business permit and BIR registration.
  3. Fake or tampered documents

    • Blurry seals and signatures, low-resolution logos, or obviously edited PDFs/images.
    • Typographical errors in the name of the government agency (e.g., “Department of Trade an Industry”).
  4. Refusal to provide copies or allow inspection

    • A business that deals in substantial amounts but refuses to furnish even redacted copies or allow on-site viewing of permits.
  5. Inconsistent status with the nature of the offer

    • A supposed large-scale “investment firm” operating out of a residential apartment with only a barangay clearance and no SEC secondary license.
  6. Overreliance on notarization

    • Some entities will proudly show “notarized contracts” or documents. Remember:

      • Notarization only authenticates the signatures and form of the document; it does not certify that the business is duly registered or licensed.

XI. Special Note on Online Sellers and Freelancers

In practice, many small online sellers or freelancers may operate without full formal registration, especially at a small scale. However:

  • If a person or entity regularly carries on a business and earns income, they are generally required to register with the BIR, and potentially with DTI/LGU depending on the nature and scale of their activities.

  • For high-value transactions or ongoing business dealings with an online seller, it is reasonable to:

    • Ask for DTI/SEC/CDA registration if they present as a business.
    • Ask for receipts or at least a BIR-registered invoice, especially for bulk or wholesale transactions.

Lack of registration does not automatically mean fraud, but it increases risk and may affect your recourse if something goes wrong.


XII. Legal and Practical Remedies When You Suspect Fake or Illegitimate Documents

If you believe business permits or registrations are fake or the business is operating without proper authorization, you can:

  1. Report to the relevant agency

    • DTI – for issues involving sole proprietors, consumer protection, unfair trade practices.
    • SEC – for corporations, partnerships, investment scams, unlicensed lending.
    • CDA – for cooperative-related issues.
    • LGU/BPLO – for businesses operating without or with fake mayor’s permits.
    • BIR – for unregistered businesses, failure to issue receipts, or use of fake receipts.
    • Sector regulators (BSP, IC, DHSUD, DMW, etc.) – for unlicensed activities.
  2. File criminal or civil cases where appropriate

    • Fraudulent use of government documents, estafa, use of falsified documents, etc., may be the subject of criminal complaints.
    • Civil actions (e.g., to recover money or damages) may also be available.
  3. Document everything

    • Keep copies and screenshots of communications, advertisements, documents provided, receipts, and proof of payments.
    • These may be crucial if you decide to pursue a complaint or legal action.

XIII. Final Thoughts and Practical Guidance

  • A legitimate business in the Philippine context will usually be able and willing to show:

    • Proper DTI/SEC/CDA registration (depending on entity type).
    • A current mayor’s/business permit from the LGU where it operates.
    • BIR registration and official receipts/invoices.
    • Secondary licenses if required for its specific industry.
  • Consistency is key: Names, addresses, lines of business, and responsible officers should be reasonably aligned across all documents and with what you see in practice.

  • Use proportional due diligence: The higher the value or risk (large investment, big purchase, long-term contract, overseas employment, etc.), the more careful you should be in verifying all documents directly with the relevant agencies if possible.

For a specific transaction or if you’re unsure how these rules apply to your situation, it’s prudent to consult a Philippine lawyer or seek guidance directly from the concerned government offices before proceeding.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.