USA Owned Corporation call center

Posted Tue, Nov 28, 2023 12:14 AM

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

Posted Tue, Nov 28, 2023 12:15 AM

We could assist you in this matter. You may reach us at [email protected] or [email protected]

Our Law Firm, established in 2004, has been providing services to a multitude of clients in the areas of Company Formation, Corporate Services, Mergers & Acquisitions, Corporate Finance & Securities, Information Technology, Labor Relations & Employment, Litigation & Dispute Resolution, and Crisis Management.   For almost two decades, our Firm has represented the interests of various multinational companies in commercial and civil disputes. With its multidisciplinary team, his Firm provides corporate clients rapid crisis management services, including contingency and sustainability planning.  Our Firm renders legal services in the areas of business and corporate law, contracts, securities, direct foreign investment, regulatory compliance, and data privacy. Our practice  also includes real estate and commercial litigation, including intra-corporate disputes and financial fraud.  The Partners  serve as director and corporate secretary to several multinational and domestic firms, and represent the country’s top conglomerates across several industries, including real estate, food, pharmaceutical, and power.