Business Registration, Negosyo Center Operation and Investment Opportunities

Enabling Business, Empowering Consumers

DEPARTMENT OF TRADE AND INDUSTRY XI

Compostela Valley Provincial Office

Presented by:

ROCHELLE A. OTOC, MBMTIDA/BN Examiner

Confidential. For authorized use only.Enabling Business, Empowering Consumers

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A path towards successful business

operation


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….Business operation is the facet of an organization where most of the direct labor takes place. In a service business, operations are highly task-oriented and tend to follow clear steps until the service is completed.

(Tyler Lacoma, Demand Media )


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….before you decide to venture into Business, you need to ponder on these things….

What is my product or service? Who and where is my market?

Next step….

When & Where am I going to register my Business?


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Outline of the Presentation• Business Permits and Licensing System

(BPLS) Definition of Terms Business Permits Registration Business Flow Documentary and Legal Requirements

• Product Registration and Trademarks• Programs and Services of DTI


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RECEIVING


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BACKROOM TRANSACTION


8BUSINESS ONE STOP SHOP FACILITY


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BATANGAS CITY (2 STEP PROCESS)


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The Business Permits and Licensing System (BPLS) is a joint undertaking of Department of Trade and Industry (DTI) and Department of the Interior and Local Government (DILG) to improve business licensing processes and enable greater competitiveness, productivity and investment in the country.

• Joint Memorandum Circular No. 01 series of 2010 (August 6, 2010)

• Enforcement of the Republic Act No. 9485 or the Anti-red Tape Act of 2007


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Definition of Terms

Action – refers to the written acknowledgment of receipt, approval or disapproval made by a government agency or office on the application or request submitted by the client for processing

Business One-Stop-Shop (BOSS) – refers to an arrangement where a single common site or location is designated for all concerned agencies in the BPLS system to receive and process applications for business registration thru a streamlined system


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Definition of Terms

Business Permit – is a document that must be secured from the city or municipal business permits and licensing office for the business to legally operate in the locality.

Business Registration – is a set of regulatory requirements an entrepreneur must comply with to set-up a business entity including, but not limited, to the collection or preparation of a number of documentation, the notarization and / or verification thereof, submission to various national and local government authorities, approval of application submitted, and a receipt of a formal certificate, licences, permits and the likes which confirm the eligibility to operate as a legitimate business entity


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Definition of Terms

Frontline Service– refers to the process or transaction between clients and government offices or agencies involving applications for any privilege, right, permit, reward. License, concession, renewal or extension of the enumerated applications and/or requests which are acted upon (action) in the ordinary course of buisness of the agency or office concerned.

Signatories– refer to the final approving authority or authorities whose signatures area affixed to a business permit or mayor’s permit to make the document legal and binding in the eyes of the law


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Definition of Terms

Steps– refer to an action or actions that applicant/s and or government agencies undertake as part of the process of an applying for and or processing business permits

Processing Time– refers to the time spent by an applicant from to receipt of the business permit by the LGU consisting of transaction time, waiting time and travel time within the site provided by an LGU for business registration.


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Definition of TermsUnified Form- is a single common document issued by an LGU to a business applying for registration that contains the information and approvals needed to complete the registration process and facilitates exchange of information among LGUs and National Government Agencies


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..who are the registering agencies of Business Names in the Country?

1. DTI Registration2. SEC Registration3. CDA Registration4. DOLE Registration


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Registering Agencies of Businesses in the Philippines

1. DTI Registration

SINGLE PROPRIETORSHIP


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Basic Requirements in Business Name Registration

Proposed Names Fully Filled – out Application Form Valid ID Authorization in case of Representatives Fees

Barangay – Php 215.00Municipality/City – Php 515.00Regional – Php 1,015.00National – Php 2,015.00

Processing Time – 5Mins – 15Mins


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4 Registering Agencies of Businesses in the Philippines

1. DTI Registration2. SEC Registration

Corporation Stock, Profit Non-Stock, Non-

Profit

• Articles of Incorporation• Constitution and By-laws• Php 500 Book of

Incorporation

Basic Requirements


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1. DTI Registration2. SEC Registration3. CDA Registration

Cooperatives


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1. DTI Registration2. SEC Registration3. CDA Registration4. DOLE Registration

Workers’ Associations, Unions and the like

Note: All these four agencies issue Certificate of Registration but these certificates are not the permit to operate


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Standards Steps (5 Steps)


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BUSINESS REGISTRATION GENERAL PROCESS FLOW

START DTILGU

DENR - MGBEND

SEC*

CDA

FIRM NAME REGISTRATION BUSINESS PERMIT MANDATORY REGISTRATION OTHER LICENSE/PERMITS

SEC Registration - -Articles and By-Laws - -Treasurer’s Affidavit - -Bank Cert. of Deposit - -Registration Data Sheet - - Other clearances, if req’d.

BN Registration "Single Proprietorship - - 2 pcs 2x2 ID photo - -P300 + 15 Doc Stamp "Corp/Partnership - - - -SEC Registration - - -Articles & By-Laws - -P500 + 15 Doc Stamp Certificate of Authority -(Foreign Investor) - - - Resident Agent Appt. - - 4 pcs 2x2 ID picture - - - Cert. of Remittance, if - - required - - Filing fee P500 + - Certification fee P5,000

CDA Registration * -Articles of Coop * -By-Laws * -Economic Survey * -Bond of Account Officer -

Business Permit - - "Single Proprietorship- - -DTI BN Certificate - - -Comm. Tax Cert. - - "Corp/Partnership - - -SEC Registration - -Articles & By-Laws - - -Barangay Clearance - - - -Cert. of Tax exemption - (Cost depending on the - type & size of firm)

HDMF HDMF Registration - - SEC/CDA/DTI Certificate - - Business Permit - - SSS Registrations - (For Self-Employed) - - Valid ID with sig. & photo - - Commitment to remit - - SSS Registrations

SSS Cert. of Membership - - SEC/CDA Certificate - - Articles and By-Laws - - DTI BN Certificate - - Business Permit

Certificate of Registration * "Individual/Corp - - Business Permit - - SEC/DTI Certificate - - Articles and By-Laws - - Sketch of Premises - - Lease Contract of - Rented Space * "Addt'l for Single Prop - - Birth Certificate - - Marriage Contract - - Birth Certificates of - Dependents - - P500.00 PHILHEALTH

Philhealth Clearance * "Corp/Partnership - - SEC/CDA Certificate - - Articles and By-Laws - - Business Permit * "Single Proprietorship - - DTI BN Certificate - - Birth Certificate - - Marriage Contract - - Birth Certificates of - Dependents - - P 600.00

DOLE

Alien Work Permit - - Letter Request - - Curriculum Vitae - - Contract of Employment - - SEC/CDA/DTI Certificate - - Articles & By-Laws - - Passport - - P4,000 (incl. filing fee P1,000) - - P4,000 (Publication) Certificate of Registration - (for job/service contractor) - - Business Permit - - DTI/SEC/CDA Cert. - - AFS / ITR - - Affidavit of Undertaking - - Copy of Contracts - - P100.00

DENR

Wood Processing Permit - Project Feasibility Study - - Business Permit - - DTI/SEC/CDA Cert. - - Art. Of Inc. & By-laws - - Location Clearance - - ECC - - Forestry Bond - - Log Supply Contract - - LGU Endorsement

Exploration Permit - -Location Map/Sketch Plan - - 2-yr Exploration Work Prog. - - Proof of Tech. Competence - - Proof of Financial Capability - - Project Feasibility Study

*Not yet available at NERBAC

BIR


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The Department of Trade and Industry (DTI) is the primary government agency with the dual mission of facilitating the creation of a business environment wherein participants could compete, flourish, and succeed and, at the same time, ensuring consumer welfare.

DEPARTMENT OF TRADE & INDUSTRY


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PROGRAMS AND SERVICES

• Services under the NEGOSYO CENTER• Industry Promotion and Development Division

• National Industry Cluster Program• Consumer Welfare Protection and Services Division

• Consumer Protection• Price Monitoring• Sales Promotion• PS Standards

• Business Development Division• Trade Fairs• Product Development• SME Roving Academy


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PROGRAMS AND SERVICES• NEGOSYO CENTER

- The approval of Republic Act 10644: An Act Promoting Job Generation and Inclusive Growth through the development of Micro, Small and Medium Enterprises or the “Go Negosyo Act” authored by Senator Paolo Benigno “Bam” Aquino is targeted to bring government services closer to these MSMEs, particularly the small businesses, through the establishment of Negosyo Centers in all provinces, cities, and municipalities nationwide.


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PROGRAMS AND SERVICESServices• Business Registration Assistance

• Accept and facilitate all new registration and renewal application of MSMEs including BMBEs

• Business Advisory Services• Assist MSMEs in meeting

regulatory requirements to start and sustain the business;

• Build local support networks and establish market linkages for MSME development

• Business Information and Avocacy• Provide information and

services in training, financing, marketing and other areas as may be required by MSMEs


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PROGRAMS AND SERVICESServices• Monitoring and Evaluation

• Monitor and recommend business-process improvement for MSMEs


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PROGRAMS AND SERVICESServices• Who can avail of the services

Micro: not more than 3,000,000Small: 3,000,001-15,000,000Medium: P15,000,001-100,000,000


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Priority Industry Clusters1. Processed Food2. Wearable3. Coffee4. Rubber5. Cacao6. Aquaculture7. Mining8. Abaca


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TRADEMARK REGISTRATION


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DEFINITION

Trademark• any visible sign

• capable of distinguishing the goods or services of an enterprise

• establishes the goodwill of an enterprise by denoting the quality of its goods and services

• shall include a stamped or marked container of goods


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RIGHTS GRANTED

Exclusive right to:• prevent others from using the same or similar mark• assign or transfer by succession the registered mark

• conclude licensing contracts

• take legal action against others who might be infringing the registered mark


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RIGHTS GRANTED

Rights in a mark shall be acquired through registration made validly in

accordance with the provisions of the Intellectual Property Code


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APPLICATION REQUIREMENTS

• Duly filled-up TM Application Form

What to submit to obtain a filing date:

• Reproduction/Visual representation of the mark

• Filing Fee> Small Entity : P1,090.80> Big Entity : P2,181.60


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• Formal drawing

Other formal requirements:

Bristol Board/Bond Paper

Size: 297 mm x 210 mm (A4), plus two (2) photocopies

Lion King

Applicant By: Representative

Small facsimile of the drawing

Bond Paper Size: 70 mm x 35 mm 10 copies

Lion King

APPLICATION REQUIREMENTS


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TERM OF PROTECTION

A registered trademark is protected for a term of ten (10) years. It may be

renewed for consecutive terms of ten (10) years each.


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Thank you.