Many business people or entrepreneurs are not deterred by the current economic malaise that is affecting many countries. Many are still starting businesses and creating new corporations. So, for the brave few, here’s a guide on registering a corporation with the Securities and Exchange Commission (SEC). [Note, 2019: For the updated requirements and procedure, see How to Register a Corporation in the Philippines.]
Continue readingForeign Investments and Doing Business in the Philippines
There are a number of ways for foreigners to invest directly in a Philippine company doing business in the Philippines, or directly conduct business in the Philippines. Here are some of them:
Continue readingPrimer on the Personal Equity and Retirement Account (PERA) Act
PERA stands for “Personal Equity and Retirement Account,” which refers to the voluntary retirement account established by and for the exclusive use and benefit of the Contributor for the purpose of being invested solely in PERA investment products in the Philippines. The Contributor shall retain the ownership, whether legal or beneficial, of funds placed therein, including all earnings of such funds. He makes all investment decisions pertaining to his PERA, with an option to appoint an Investment Manager.
Continue readingIntroduction to the Philippine Cooperative Code of 2008
The law which governs cooperatives, prior to the recent enactment of Republic Act No. 9520 (“Philippine Cooperative Code of 2008“), is Republic Act No. 6938 (“Cooperative Code of the Philippines”). Here’s a basic discussion on the new law (a more extensive primer will subsequently be released, initially made available to clients).
Continue readingRight of Reply: Senate Bill 2150 and House Bill 3306
(Another proposed law which is the subject if intense discussion is the Right of Reply Bill. Senate Bill 2150 and House Bill 3306 are currently being discussed, both in the Senate/House of Representatives and the community. Let’s hear your thoughts on this proposed law.)
Continue readingChanges in the Rules of Procedure on Corporate Rehabilitation: Provisions Applicable to All Proceedings
On 2 December 2008, the Supreme Court en banc issued A.M. No. 00-8-10-SC, approving the RULES OF PROCEDURE ON CORPORATE REHABILITATION (“Rules”). The new Rules took effect on 16 January 2009. Here are the salient features of the new Rules, in contrast to the old Interim Rules of Procedure on Corporate Rehabilitation (“Interim Rules). Unless otherwise indicated, the old provisions remain the same.
Continue readingPrimer on the Credit Information System Act (RA 9510)
Republic Act No. 9510, also known as the Credit System Information Act, is consistent with the need to establish a comprehensive and centralized credit information system for the collection and dissemination of fair and accurate information relevant to, or arising from, credit and credit-related activities of all entities participating in the financial system. A credit information system will directly address the need for reliable credit information concerning the credit standing and track record of borrowers. An efficient credit information system will also enable financial institutions to reduce their over-all credit risk, contributing to a healthier and more stable financial system.
Continue readingProposed Rule On Mandatory Legal Aid Service For Practicing Lawyers (Bar Matter No. 2012)
[The Supreme Court recently issued the Rule on Mandatory Legal Aid Service, requiring all “practicing lawyers” to render a minimum of 60 hours of free legal aid services to indigent litigants in a year. Please note the definition of a “practicing lawyer”. It was published in the PhilStar and Inquirer on 14 February 2009. It takes effect on 1 July 2009. A subsequent en banc Resolution, however, deferred the effectivity to 1 January 2010. Here’s the full text of Bar Matter No. 2012.]
Continue readingCredit Information System Act (Republic Act No. 9510) – Full Text
[Republic Act No. 9510, also known as the Credit Information System Act”, was signed by the President on 31 October 2008. See Primer on the Credit Information System Act. The complete text of R.A. 9510 is reproduced below.]
Continue readingProclamation No. 1699: Declaring the 2009 Holidays
[Here is the full text of Proclamation No. 1699, officially declaring the regular holidays and the special non-working days for 2009. Enjoy the 10 long weekends!]
Continue reading