Article 1815

Misleading This kind of names are not allowed to

Names be used by the partners
Art. 1815 Others that are prohibited:
"Every Partnership shall operate under a firm name, which may not include the name of one or more of the partners. → Identical/ deceptively
Those who, not being members of the partnership, include their names in the firm name, shall be subject to the liability of a partner." confusingly similar to any
existing partnership/
corporation/ any name
Should a Partnership have a firm Yes, a partnership must have a firm name under which it will operate. protected by law
"Firm" name? → Patently deceptive
Why is it important? Such name is necessary to distinguish the partnership and separate → Confusing or contrary to
juridical personality from the following: existing laws
→ Individuals composing the partnership Names of According to Art. 1815:
→ Other partnerships Deceased Partnership CANNOT continue to use
Defined as the name, → And other entities Partners the names of deceased partners
Title, or style under
Registration of Firm Name Legal Basis: Business Name Law Why?
Which a company
Firm name must be registered with Bureau of Commerce (now with Because the names in a firm name
Transacts business must either:
Intellectual Property Office)
→ (In case of partners): must be
Choosing of Firm Name General rule: the partners may adopt ANY firm name desired. Such name of living partners
name may be the following: → (in case of non-partners): living
→ That of an individual partner persons who can be subjected
→ Surname of all partners to liability
→ Surname of one partner
→ More of the members with "and Company" According to Code of Professional
→ Individual names wholly distinct from names of any members Responsibility:
→ Name of purely fanciful/ fictitious The continued use of the name of a
deceased partner is permissible
provided that the form indicates in all
its communications that the said
partner is deceased.
Inclusion of Non-Partner's Consequences: Name of According to Code of Professional
Name in the Firm Name → Non-partner's name included does not acquire the rights of a partner Disbarred Responsibility:
→ Shall be subject to the liability of a partner (persons without notices are Lawyer's Retention or use of a disbarred
concerned) Name lawyer's name in the firm name may
→ Become partners by estoppel mislead the public into believing that
the lawyer is still authorized to practice
law.

Personal thoughts:
In line with the Article 1815, using the
name of a disbarred lawyer in the firm's
name is prohibited because based on
the Corporation Code, deceptive,
confusing or contrary to existing laws
names should not be used.

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