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BERONGOY & MONTECLAR LAW FIRM

BERONGOY & MONTECLAR LAW FIRM

Tagbilaran, Philippines

Free Consultation: 15 mins


Founded in 2010
7 people in their team
About UsFounded in 2010 by the astute Atty. Ferdinand Berongoy, our law firm initially began its journey with Atty. Berongoy as a solo legal...
English
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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 Tagbilaran, Philippines

The bustling city of Tagbilaran, which is the capital city of the province of Bohol in the Philippines, serves as a popular venue for a wide variety of businesses ranging from small-scale industries to large corporations. The country's business laws regulate every facet of commercial operations, from business formation and registration, contracts, commercial transactions, to dispute resolution. These laws are enforced consistently in Tagbilaran and across the Philippines. Respect for the rule of law and a thriving business environment provide opportunities for entrepreneurs and investors.

Why You May Need a Lawyer

Possible scenarios where a lawyer could be beneficial include forming and registering a business, interpreting local and national laws, employees’ employment rights and benefits, transacting with local suppliers, drafting commercial contracts, defending or filing litigation, and other business-related issues. By tapping into the expertise and knowledge of a business attorney, you can ensure that your company stays in compliance with the law and successfully navigate your corporate affairs with less risk.

Local Laws Overview

Tagbilaran, like the rest of the Philippines, adheres to the Corporations Code, the Labor Code, the Intellectual Property Code, the Tax Reform for Acceleration and Inclusion (TRAIN) law, and the Data Privacy Act among others, which govern business operations. Businesses are particularly subjected to scrutiny by the local government unit (LGU) in the case of securing business permits and compliance with zoning regulations, public safety measures, and waste management. Additionally, businesses should observe ethical standards and fair practices as stated in the Consumer Act of the Philippines.

Frequently Asked Questions

What type of businesses can foreigners establish in Tagbilaran?

Foreign entities can invest and engage in many business activities in the Philippines, with a few exceptions including retail trade enterprises and some government-contracted services. It is advisable to consult a local legal expert to ensure your business adheres to the Foreign Investments Act.

Are there specific labor laws affecting businesses in Tagbilaran?

The Labor Code of the Philippines is enforced in Tagbilaran, which covers employment practices, health and safety, work hours, labor standards and social security. Additionally, the recently passed Telecommuting Act allows for flexible work arrangements.

What type of benefits must employers provide to their workers?

Employers are required to provide a range of benefits including Social Security System (SSS), PhilHealth (health insurance), PAG-IBIG (housing development fund), and 13th-month pay, among others.

Is there a minimum wage law in Tagbilaran?

Yes. The minimum wage for the area is set by the Regional Tripartite Wage and Productivity Board (RTWPB) of Region VII.

Does the city of Tagbilaran have specific guidelines for business zoning?

Yes, business zoning laws are strictly implemented in Tagbilaran and will vary depending on the nature of your business. It's advisable to check with the local government for specifics.

What are the requirements for registering a business in Tagbilaran?

Although requirements may vary depending on the type of business registration (sole proprietorship, partnership, corporation), the general requirements include the company name, location, financial details, and the nature of the business.

What should I do if my business in Tagbilaran is involved in a legal dispute?

Engage a business lawyer who can help navigate the dispute resolution process, whether it be through negotiation, mediation, arbitration, or litigation if the matter progresses to court.

Can a business lawyer also assist with tax concerns?

Yes, business lawyers, specifically those with expertise in tax law, can assist with tax planning, compliance, disputes, and other relatedissues.

Will a business attorney assist with contract drafting and review?

Absolutely. Contract drafting and review is a critical aspect of business law services. Lawyers offer advice to ensure contracts adhere to laws and protect your business interests.

Are there any specific regulations for small and medium-sized enterprises (SMEs) in Tagbilaran?

The Magna Carta for Micro, Small and Medium Enterprises (Republic Act No. 6977) which promotes, supports, strengthens and encourages the growth of MSMEs applies everywhere in the Philippines, including Tagbilaran.

Additional Resources

Government bodies like the Department of Trade and Industry (DTI), the Securities and Exchange Commission (SEC), and the local government unit (LGU) of Tagbilaran can serve as sources of important information and assistance. Non-government organizations like the Philippine Chamber of Commerce and Industry (PCCI) and various trade associations support businesses by providing relevant information, training, and networking opportunities.

Next Steps

If you require legal assistance for your business, start by identifying your needs. Then, seek a competent business lawyer who is familiar with the Tagbilaran business environment and local and national laws. They can guide you through the complexities of the law and help secure the legal standing of your business. Remember, it's always wise to address legal matters proactively than to deal with them reactively.

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.