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NARAG LAW OFFICE

NARAG LAW OFFICE

Santiago, 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...
English

About Investment Law in Santiago, Philippines

The Investment Law in Santiago, Philippines, is primarily governed by the Foreign Investments Act (FIA) of 1991, which aims to promote foreign investments in the city and the nation at large. The Act prescribes the rights and obligations of foreign investors, encourages domestic capital, technology, and skills to fortify the national economy, and outlines the list of investment areas reserved for Philippine nationals. Furthermore, the Republic Act No. 7042 as amended by Republic Act No. 8179, opens certain areas of investment to foreign entities, subject to restrictions in specified categories. This prevailing law encourages steady flow of foreign investments into Santiago and the entire Philippines.

Why You May Need a Lawyer

Investing in Santiago, Philippines involves understanding complex laws, regulations, and local customs. Individuals or companies looking to establish a business or invest in properties may require legal assistance to navigate through these complexities. A lawyer can provide necessary assistance with contract and property law, tax obligations, partnership agreements and enterprise registration. They can ensure compliance with Philippine laws, help protect your investment, and mediate in potential disputes.

Local Laws Overview

Key aspects of local law that are pertinent to investments in Santiago include the Philippine Corporation Code, which provides guidelines on setting up a corporation; the Securities Regulation Code, governing securities and public offerings; provisions under the Investment Company Act, monitoring the organization and operation of investment companies; and the Tax Code concerning tax obligations. These regulations cover the establishment and operation of business entities. Furthermore, there are specific laws governing certain sectors like real estate, mining, banking, etc. Lack of compliance can lead to penalties and jeopardize the investment.

Frequently Asked Questions

Can foreigners own businesses in Santiago, Philippines?

Yes, foreigners can own businesses in the Philippines, but it is subject to certain restrictions under the Foreign Investment Negative List (FINL). However, some sectors are completely open to foreign investment.

Can a foreigner buy property in Santiago, Philippines?

Foreigners are not allowed to own land but they can own condominium units or apartments, as long as the foreign proportion does not exceed 40%, as stated by the Philippine Condominium Act.

What are some potential legal issues with investments?

Potential legal issues range from disputes regarding contracts, ownership, and intellectual property, to regulatory compliance and tax obligations.

What is the role of the Board of Investments (BOI)?

The BOI, under the Department of Trade and Industry, promotes investment in the country, provides incentives to priority projects, and regulates incentives granted to registered enterprises.

Can a foreigner set up a one-person corporation?

Yes, the revised corporation code allows a single person to form a corporation, and this includes a foreign investor.

What types of businesses are included in the Investment Priorities Plan (IPP)?

The IPP includes sectors critical to national development and are thus eligible for investment incentives. The sectors often include agriculture, manufacturing, healthcare, mass housing, infrastructure, and more.

What are the tax obligations for my investment?

Tax obligations depend on the type of investment and the structure of your business. These can include income tax, value added tax, royalty tax, and others.

What is the Foreign Investment Act (FIA)?

The FIA is a law that defines the rights and conditions of foreign investments, and outlines sectors where foreign investment is promoted or restricted.

Is there investment protection in Santiago, Philippines?

Yes, the government provides investment protection measures that include the non-confiscation of property, secret patents and compensation for requisitioned property.

What should I consider before investing?

Consider the country's economic stability, sector restrictiveness, legal structure, investment incentives, and your financial standing and objectives before investing.

Additional Resources

The Bureau of Internal Revenue (BIR) and the Department of Trade and Industry (DTI) are two important governmental bodies offering information regarding taxation and business setup respectively. The Board of Investments (BOI) and the Securities and Exchange Commission (SEC) offer resources on business opportunities and investor protection respectively. The Philippine Economic Zone Authority (PEZA) provides incentives to businesses located in special economic zones. Locally, the Santiago City Investment Promotion Center (SCIPC) may provide advice specific to investing in Santiago.

Next Steps

If you need legal assistance, consider hiring a lawyer experienced in investment law in the Philippines. Ensure your lawyer understands your investment goals and can guide you through all regulatory, contractual, and tax obligations, and is able to represent you in any disputes. Also, continue to research and stay informed about changes in laws and regulations that impact your investment.

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.