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NARAG LAW OFFICE

NARAG LAW OFFICE

Dasmarinas, 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 Dasmarinas, Philippines

Business law in Dasmarinas, Philippines governs the legal aspects related to starting, operating, and closing a business within the city. It encompasses various legal areas, including contracts, licenses and permits, labor regulations, intellectual property, and more. Understanding and complying with these laws is crucial for individuals and companies engaged in business activities in Dasmarinas.

Why You May Need a Lawyer

There are several situations where seeking legal help from a lawyer specializing in business law in Dasmarinas can be beneficial:

  • If you are planning to start a new business and need guidance on the legal requirements, permits, and licenses you need to obtain.
  • If you are entering into contracts or agreements with other parties and need legal assistance to ensure your rights and interests are protected.
  • If you are facing a dispute or legal issue with a customer, supplier, or employee, and need help in resolving the matter.
  • If you are considering merging with or acquiring another business and require legal expertise to navigate the complex processes.
  • If you are closing or restructuring your business and need guidance on legal obligations, employee rights, and tax implications.

Local Laws Overview

Dasmarinas has specific local laws that businesses must comply with. Here are some key aspects:

  • Business Permits and Licenses: All businesses operating in Dasmarinas are required to obtain the necessary permits and licenses from the City Hall. Failure to comply may result in penalties or closure of the business.
  • Labor Laws: Businesses must adhere to labor regulations, including minimum wage, working hours, employee benefits, and health and safety standards.
  • Contracts and Agreements: Businesses should be familiar with contract law, as it governs their relationships with suppliers, customers, and other parties. Understanding contract clauses, rights, and obligations is essential to avoid disputes.
  • Taxation: Businesses must comply with local tax laws, including obtaining the necessary documents, filing tax returns, and paying the required taxes on time.
  • Intellectual Property Protection: Businesses should be aware of intellectual property laws to safeguard their trademarks, patents, copyrights, and trade secrets.

Frequently Asked Questions

1. Do I need a business permit to operate in Dasmarinas?

Yes, all businesses operating in Dasmarinas must obtain a business permit from the City Hall. Failure to do so may result in penalties or closure of the business.

2. What are the labor laws I need to comply with as a business owner?

As a business owner, you must comply with labor laws regarding minimum wage, working hours, employee benefits, and health and safety standards. Familiarize yourself with the labor regulations to ensure you are meeting your obligations.

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

To protect your intellectual property, such as trademarks, patents, copyrights, and trade secrets, you can register them with the Intellectual Property Office of the Philippines (IPOPHL). It is advisable to consult with a lawyer specializing in intellectual property for guidance.

4. What should I do if I have a dispute with a customer or supplier?

If you have a dispute with a customer or supplier, it is recommended to seek legal advice. A lawyer specializing in business law can help you understand your options, negotiate a resolution, or represent you in legal proceedings if necessary.

5. What are the legal requirements for closing a business in Dasmarinas?

Closing a business in Dasmarinas involves various legal obligations, including notifying relevant government agencies, settling outstanding debts and taxes, and complying with employee rights. Consulting with a business lawyer can guide you through the necessary steps and ensure a proper closure.

Additional Resources

For further information and assistance, consider referring to the following resources:

  • Dasmarinas City Official Website: Visit the official website of Dasmarinas City to access information on local regulations, permits, and licenses.
  • Department of Trade and Industry (DTI): DTI provides resources and guidance for businesses across the Philippines, including Dasmarinas. Their website offers valuable information on starting and operating a business.
  • Integrated Bar of the Philippines (IBP) Dasmarinas Chapter: The local chapter of IBP can provide referrals to qualified lawyers specializing in business law and assist you in finding legal representation.

Next Steps

If you require legal assistance in the field of business in Dasmarinas, follow these steps:

  1. Identify your specific legal needs, such as starting a business, contract drafting, or resolving a dispute.
  2. Research and seek recommendations for reputable lawyers or law firms in Dasmarinas specializing in business law.
  3. Contact the chosen lawyer or law firm to schedule a consultation and discuss your situation in detail.
  4. During the consultation, ask about their experience, fees, and approach to handling your case.
  5. Based on the consultation, make an informed decision on whether to engage the services of the lawyer or law firm best suited to meet your needs.
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.