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NARAG LAW OFFICE

NARAG LAW OFFICE

Las Pinas, 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...
Tagalog
English

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 Las Pinas, Philippines:

Welcome to our informational guide for seeking legal advice in the field of Business in Las Pinas, Philippines. In this guide, we will provide you with an overview of business law in Las Pinas, discuss common situations where legal help may be needed, summarize key aspects of local laws relevant to business, answer frequently asked questions, recommend additional resources, and guide you on next steps if you require legal assistance in business.

Why You May Need a Lawyer:

There are various situations where seeking legal help in business is essential. Some common scenarios include:

  • Starting a new business or setting up a company
  • Negotiating and drafting contracts with clients, suppliers, or partners
  • Protecting intellectual property rights
  • Resolving disputes, such as breach of contract or shareholder disagreements
  • Complying with tax and regulatory requirements

Local Laws Overview:

Businesses in Las Pinas, Philippines are subject to various local laws that govern their operations. Some key aspects include:

  • The Corporation Code regulates the formation, organization, and dissolution of corporations
  • The Civil Code covers contracts, obligations, and liabilities
  • The Intellectual Property Code protects intellectual property rights such as patents, trademarks, and copyrights
  • The Tax Code outlines tax obligations and requirements for businesses
  • The Labor Code governs employer-employee relationships, including labor rights, benefits, and termination procedures

Frequently Asked Questions:

Q: How do I register a new business in Las Pinas?

A: To register a new business in Las Pinas, you need to visit the Securities and Exchange Commission (SEC) office or its extension office. Prepare the necessary documents, including the Articles of Incorporation, and pay the required fees. The SEC will guide you through the registration process.

Q: What are the tax obligations for businesses in Las Pinas?

A: Businesses in Las Pinas are required to file taxes with the Bureau of Internal Revenue (BIR). Tax obligations may vary depending on the nature and size of the business. Consult with a tax lawyer or accountant to ensure compliance with tax requirements.

Q: How can I protect my company's intellectual property rights in Las Pinas?

A: To protect your company's intellectual property rights, you can register trademarks, patents, and copyrights with the Intellectual Property Office of the Philippines (IPOPHL). Working with an intellectual property lawyer can help you navigate the registration process and enforce your rights.

Q: What should I do in case of a contract dispute with a client or supplier?

A: In case of a contract dispute, it is advisable to seek legal advice from a business lawyer. They can help you assess the situation, review the contract terms, and guide you through negotiation, mediation, or if necessary, litigation to resolve the dispute.

Q: Are there specific labor laws I need to be aware of as an employer in Las Pinas?

A: Yes, as an employer in Las Pinas, you must comply with the Labor Code, which covers various aspects of labor relations, including minimum wage, working hours, employee benefits, and termination procedures. Consulting with an employment lawyer can help ensure compliance with labor laws.

Additional Resources:

Here are some additional resources that can provide further assistance in business-related legal matters:

  • The Securities and Exchange Commission (SEC): https://www.sec.gov.ph/
  • The Intellectual Property Office of the Philippines (IPOPHL): https://www.ipophil.gov.ph/
  • The Bureau of Internal Revenue (BIR): https://www.bir.gov.ph/

Next Steps:

If you require legal assistance in business matters in Las Pinas, Philippines, the next step is to consult with a qualified business lawyer. They can provide personalized advice based on your specific situation and guide you through the legal process to protect your rights and interests.

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.