September 9, 2019
SEC-OGC OPINION NO. 35-19
RE: E-COMMERCE MODE OF RETAIL TRADE
Atty. Romeo Ll. Alcantara
4th Floor, Oppen Building
349 Senator Gil Puyat Avenue,
Makati City
Atty. Alcantara :
This refers to your letter dated 06 November 2018 requesting for an opinion on whether Rustan Commercial Corporation (Rustan's) needs to further amend its Amended Articles of Incorporation to include Electronic Commerce (E-Commerce) as part of its purposes as a retail business. HTcADC
In your letter, you represented that new technologies and marketing strategies brought about by E-Commerce have so much affected the retail industry worldwide. While its Amended Articles of Incorporation does not mention E-Commerce as among its authorized purposes, Rustan's is among the retail establishments affected by the new-age of marketing and selling of goods, merchandise, and services. In view of the foregoing, Rustan's launched its E-Commerce program and is now in the process of updating its systems and process. Hence, your query.
We answer your query in the negative.
Based on its Amended Articles of Incorporation, Rustan's is engaged in retail trade. 1 Section 3 of the Retail Trade Liberalization Act (RTLA)...
