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NARAG LAW OFFICE

NARAG LAW OFFICE

Binan, Philippines

Founded in 2015
12 people in their team
You've Come To The Right PlaceOur Managing Attorney, Atty. Narag (a CPA), started this firm in January 2015 after working in the corporate world for...

Philippines Business Legal Questions answered by Lawyers

Browse our 2 legal questions about Business in Philippines and the lawyer answers, or ask your own questions for free.

Is there any legal agreement about passing your business to another party?
Business
Contract
Greetings! We can assist you with the transfer. May I know the exact location of the business? Thank you very much - JOANNA Law Office [email protected]
USA Owned Corporation call center
Business
Immigration
Good Day!Establishing a corporation in the Philippines, particularly for your intended purpose of creating a call center for information exchange between lawyers and doctors in the USA, involves multifaceted legal and regulatory considerations. Given the complexity of your query, it's essential to understand that a comprehensive answer requires a detailed analysis of various legal aspects, which would best be addressed in a personalized meeting with legal counsel. However, I can provide an overview of key areas to consider:Corporate Structure and Registration:Type of Corporation: You may opt for a domestic corporation since your operations are based in the Philippines.Incorporation Requirements: These include preparing Articles of Incorporation, By-laws, obtaining SEC (Securities and Exchange Commission) registration, and other pertinent registrations such as with the Bureau of Internal Revenue (BIR), and local government units.Foreign Ownership Regulations:If the corporation will be foreign-owned, compliance with the Foreign Investments Act is necessary. There may be limitations on foreign ownership in certain industries, although BPO (Business Process Outsourcing) sectors like call centers generally allow significant foreign ownership.Employment and Labor Laws:Hiring Practices: Compliance with the Labor Code of the Philippines is crucial. This includes fair hiring practices, observing minimum wage laws, and adhering to working conditions and hours.Employee Benefits and Retirement Plan: The Philippine laws mandate certain benefits like 13th-month pay, social security (SSS), health insurance (PhilHealth), and home development mutual fund (Pag-IBIG). For retirement planning, the company may offer additional private plans.Taxation:Corporate Tax: Understanding the corporate income tax structure, value-added tax (VAT), and other applicable taxes is essential.Tax Incentives: Depending on the location and nature of the business, you may be eligible for tax incentives, especially if you locate in Special Economic Zones (SEZs) or IT Parks accredited by PEZA (Philippine Economic Zone Authority).Data Privacy and Compliance:Since your operation involves information exchange between lawyers and doctors, compliance with the Data Privacy Act of 2012 and its implementing rules is crucial, especially regarding the handling of sensitive and personal data.Industry-Specific Regulations:There might be specific regulations for call centers and BPOs that you need to comply with.Intellectual Property:Protecting your business name, trademarks, and any proprietary processes or technologies.Given the complexity and the specific nature of your requirements, a detailed consultation with a lawyer in the Philippines, possibly in conjunction with your lawyer in the USA, is recommended. This meeting would allow you to discuss:The specific legal requirements tailored to your business model.The implications of Philippine laws on your proposed business operations.Strategies for compliance with labor, tax, corporate, and other relevant laws.For a more detailed discussion and personalized legal guidance on setting up a corporation in the Philippines, especially one focused on a call center facilitating communication between lawyers and doctors in the USA, I recommend scheduling a consultation. You can reach out via email at [email protected] to arrange a meeting. During this consultation, we can thoroughly assess your specific requirements, discuss relevant corporate and labor considerations in the Philippines, and ensure that your business aligns with all legal and regulatory frameworks. This step is crucial for navigating the complexities of corporate formation, employment laws, tax structures, and other legal aspects pertinent to your business venture.Dagsaan Monterde Castillo Law 

About Business Law in Binan, Philippines

Binan, Philippines is a bustling city known for its strong economy and business-friendly environment. It offers numerous opportunities for entrepreneurs and investors looking to start or expand their business. However, to ensure smooth operations and compliance with local laws, it is important to have a good understanding of business law in Binan.

Why You May Need a Lawyer

It is always advisable to seek legal advice when dealing with business matters in Binan. A lawyer can provide guidance and assistance in various situations, such as:

  • Structuring and registering your business
  • Drafting and reviewing contracts and agreements
  • Negotiating business transactions
  • Resolving disputes or potential legal issues
  • Complying with tax laws and regulations

Local Laws Overview

To successfully operate a business in Binan, it is crucial to familiarize yourself with the following key aspects of local laws:

  • Business Registration: All businesses must register with the Department of Trade and Industry (DTI) or the Securities and Exchange Commission (SEC) depending on the type of entity.
  • Labor Laws: Binan follows the labor laws of the Philippines, including provisions on employment contracts, wages, working hours, benefits, and termination.
  • Intellectual Property Rights: Protecting your intellectual property is essential. Understanding copyright, trademarks, and patents can safeguard your business assets.
  • Taxation: Proper tax compliance is necessary. Familiarize yourself with the tax laws, reporting requirements, and deadlines set by the Bureau of Internal Revenue (BIR).
  • Licensing and Permits: Depending on your business activities, you may need to obtain specific licenses and permits from relevant government agencies.
  • Consumer Protection: Binan upholds consumer rights, so it is important to understand the laws governing fair trade, advertising, and product liability.

Frequently Asked Questions

1. Do I need to register my business with the DTI or SEC?

Small businesses operating as sole proprietorships should register with the DTI, while corporations and partnerships need to register with the SEC.

2. What are the employment laws I need to be aware of?

You should familiarize yourself with the country's labor laws, which cover employment contracts, minimum wage, working hours, leaves, benefits, and termination procedures.

3. How can I protect my intellectual property in Binan?

To protect your intellectual property rights, you can register your patents, trademarks, and copyrights with the Intellectual Property Office of the Philippines (IPOPHL).

4. What are the main taxes applicable to businesses in Binan?

Businesses in Binan are subject to various taxes, including income tax, value-added tax (VAT), and local taxes. Consult with a tax lawyer or the BIR for specific information about your business.

5. What licenses and permits do I need to operate my business?

The licenses and permits you need depend on your business activities. Common requirements include a Mayor's Permit, Barangay Clearance, and Special Permits from agencies like the Food and Drug Administration (FDA) or Department of Health (DOH).

Additional Resources

For more information and assistance with business law in Binan, Philippines, you can consider the following resources:

  • Department of Trade and Industry (DTI) - Binan (website)
  • Securities and Exchange Commission (SEC) - Philippines (website)
  • Bureau of Internal Revenue (BIR) - Official Website
  • Intellectual Property Office of the Philippines (IPOPHL) - Official Website

Next Steps

If you require legal assistance or have further questions regarding business law in Binan, Philippines, it is recommended to consult with an experienced local lawyer specializing in business matters. They can provide personalized advice based on your specific needs and help ensure the success and compliance of your business endeavors.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.