business organizations philippines

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148,266The final results of the 2010 Annual Survey of Philippine Business and Industry (ASPBI) revealed that the Philippines had a total of 148,266 establishments belonging in the formal sector in 2010. This number showed a 0.7 percent decline compared with the 149,386 recorded establishments in 2009.

• a business structure owned by an individual who has full control/authority of its own and owns all the assets

• personally owes and answers all liabilities or suffers all losses but enjoys all the profits to the exclusion of others

• A sole proprietorship must apply for a Business Name and be registered with the Department of Trade and Industry (DTI).

• two or more persons bind themselves to contribute money, property or industry to a common fund, with the intention of dividing the profits among themselves (Civil Code of the Philippines).

• treated as juridical person, having a separate legal personality from that of its members.

• may either be general partnerships or limited partnerships

• a contract of partnership having a capital of three thousand pesos (Php 3,000.00) or more, in money or property, must register with the Securities and Exchange Commission (SEC).

• artificial beings created by operation of law, having the right of succession and the powers, attributes and properties expressly authorized by law or incident to its existence.

• Corporations are juridical persons with personality separate and distinct from that of its stockholders.

• It consists of at least five (5) to fifteen (15) incorporators each of who must hold at least one share and must be registered with the SEC.

• The minimum paid up capital required is not less than five thousand pesos (Php 5,000.00).

• can either be stock or non-stock company regardless of nationality.

• if 60% Filipino and 40% foreign-owned, is considered a Filipino corporation. If more than 40% foreign-owned, it is considered a domestic foreign-owned corporation.

a corporation with a capital stock dividend into shares and authorized to distribute to the holders of such shares dividends or allotments of the surplus profits on the basis of the shares held.

• a corporation organized principally for public purposes such as charitable, religious, educational, professional, cultural, fraternal, literary, scientific, social, civic service, or similar purposes, l ike trade, industry, agricultural and chambers

• No part of its income is distributable as dividends to its members, trustees, or officers.

• any p rofi t wh ich a non-s tock corporation may obtain as an incident to its operations shall, whenever necessary or proper, be used for the furtherance of the purpose or purposes for which the corporation was organized.

ORGANIZED UNDER FOREIGN LAWS

• f o r e i g n c o r p o r a t i o n organized and existing under foreign laws that c a r r i e s o u t b u s i n e s s activities of the head office and derives income from the host country.

• r e q u i r e d t o p u t u p a minimum paid up capital of US$200,000.00.

• a foreign corporation organized and existing under foreign laws. It does not derive income from the host country and is fully subsidized by its head office.

• deals directly with clients of the parent company as it undertakes such activities as information dissemination, acts as a communicat ion center and promotes company products, as well as quality control of products for export.

• required to have an initial minimum inward remittance in the amount of US$30,000.00 to cover its operating expenses and must be registered with SEC.

• any multinational company may establish an RHQ or ROHQ as long as they are existing under laws other than Philippines, with branches, affiliates and subsidiaries in the Asia pacific Region and other foreign markets.

• undertakes activities that shall be limited to acting as supervisory, communication and coordinating center for its subsidiaries, affiliates and branches in the Asia-Pacific region.

• acts as an administrative branch of a multinational company engaged in international trade.

• does not derive income from sources within the Philippines and does not participate in any manner in the management of any subsidiary or branch office it might have in the Philippines.

• Required capital: US$ 50,000.00 annually to cover operating expenses.

����������� ������������������ !"#$%&'()*+,-./0123456789:;<=>?@ABCDEFGHIJKLMNOPQRSTUVWXYZ[\]^_`abcdefghijklmnopqrstuvwxyz{|}~��������������������������������� ¡¢£¤¥¦§¨©ª«¬­®¯°±²³´µ¶·¸¹º»¼½¾¿ÀÁÂÃÄÅÆÇÈÉÊËÌÍÎÏÐÑÒÓÔÕÖ×ØÙÚÛÜÝÞßàáâãäåæçèéêëìíîïðñòóôõö÷øùúûüýþÿ An ROHQ performs the following qualifying services to its affiliates, subsidiaries, and branches in the Philippines.

General administrat ion and planning,

b u s i n e s s p l a n n i n g a n d coordination

Sourcing/procurement of raw materials components

Corpora te finance adv iso r services

Marketing control and sales promotion

T r a i n i n g a n d p e r s o n n e l management

Logistic Services

Research and development s e r v i c e s a n d p r o d u c t development

T e c h n i c a l s u p p o r t a n d communications

Business development

• Derives income in the Philippines

• Required capital: US$200,000.00 one time remittance.