When your business closes down, cancelling your business protects you by making sure that no one can operate a business under your business name without making a new application.
In What circumstances can a business name be cancelled
Periodic Cancellation
Registered business names that has expired and not renewed within three (3) months from its expiration, shall be cancelled from the registry.
Authorized Cancellation
A registered business name may be cancelled by the registrant who ceases to carry on business under that name prior to its expiry date subject to surrender of the certificate issued or, in case of loss thereof, an affidavit of loss to the proper field office;
Provided further that, juridical persons seeking cancellation should submit a Board resolution or its equivalent stating therein that at the time of closure of the business it has no financial obligation; otherwise, a copy of notice to the creditors, or Certificate of Dissolution. Request for cancellation may be filed with the proper field office.
In case of a deceased registrant, the written statement shall be supported by a certified copy of the Death Certificate filed by any of his/her compulsory heirs, or his/her personal representative.
Grounds for Revocation
After due notice and hearing, a certificate of registration of business name issued by the Bureau may be revoked on the following grounds:
Registration of business name which were deemed to be unacceptable. Refer to rules on acceptable business names.
Making any false or misleading information in the application for registration or engaging in acts of misrepresentation for the purpose of securing registration or renewal thereof such as production of materially false or misleading document;
Failure to display signboard and/ or registration certificate within fifteen (15) from the date of registration.
Failure to operate business within a period of thirty (30) days from registration of the business name.
Cancellation or revocation of any license or permit to engage in the business by any authorized government agency;
Cancellation, voluntary or otherwise, or revocation of business name registration of the franchisor or registrant that is subject of a franchise agreement or similar contract allowing the use of the same business name by other person(s) or juridical entities;
Expiration or termination of franchise agreement or similar contract allowing the use of the same business name by other person(s) or juridical entities within the life span of business name certificate so issued;
Change of address or engaging in a business activity which is not allied from the line of business previously approved by the Department ;
Registration of those which may be used in a manner that will endanger the security of the State;
Use of the business name or style for an immoral or illegal purpose or in a business found to be involved in immoral or unlawful activity; and
Contravenes or fails to comply with any provisions of these rules.
2/F DTI Bldg., 361 Sen. Gil Puyat Ave., Makati City, Philippines 1200
A registered business name may be cancelled by the registrant who ceases to carry on business under that name prior to its expiry date subject to surrender of the certificate issued or, in case of loss thereof, an affidavit of loss to the proper field office;
Provided further that, juridical persons seeking cancellation should submit a Board resolution or its equivalent stating therein that at the time of closure of the business it has no financial obligation; otherwise, a copy of notice to the creditors, or Certificate of Dissolution. Request for cancellation may be filed with the proper field office.
In case of a deceased registrant, the written statement shall be supported by a certified copy of the Death Certificate filed by any of his/her compulsory heirs, or his/her personal representative.
Will I be notified if my business name is cancelled
Pursuant to Section 12(A) of department administrative order no. 15, the Department of Trade and Industry through the Bureau of Trade Regulation and Consumer protection cancels from the record all business name registrations which expired as of date. Under the business name law (Act no. 3883) as amended, owners or proprietors should renew their business name registration upon expiration thereof.
Submit the following documentary requirements:
Business Name Registration only
1. Filled up application form
2. Letter request
3. Board resolution for the cancellation of the registered business name stating the reason(s) and at the time of the closure, business has no outstanding financial obligation in connection with the operation.
4. Original copies of the business name certificate of registration and the accompanying application or in alternative, an affidavit of loss.
Voluntary cancellation of single proprietorship
1. Filled up application form
2. Affidavit of cancellation of the registered business name stating the following:
o reason(s)
o that the registered owner has no outstanding creditors at the time of closure of establishment or if there where creditor(s), copy of notice to them.
3. Original copies of the business name certificate or in alternative, an affidavit of loss.
Voluntary cancellation for corporation or partnership dissolved at SEC
1. Filled up application form
2. Letter request
3. Certified photocopy of the SEC certificate of dissolution of the corporation/partnership
4. Original copies of the business name certificate of registration and the accompanying application or in alternative, an affidavit of loss.