JD Supra Philippines

Publisher:: JD Supra
Publication date:: 2019-04-29

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Latest documents

Establishing a Business Entity in the Philippines (Updated)
I. Types of business entities - As a general rule, foreign equity is allowed to conduct and participate in business in the Philippines, through any of the following modes: 1. By investing in a domestic stock corporation. A domestic corporation is a corporation which is organized under Philippine law. It is an artificial being which has a personality separate and distinct from the shareholders, thus, the liability of shareholders is limited only to their capital contribution. Other than their capital contribution, the shareholders’ other assets are beyond the reach of the corporation’s creditors. Foreign capital may invest in a domestic corporation either by acquiring shares of stock in an existing domestic corporation, or by contributing capital to one that is still in the process of incorporation.
Establishing A Business Entity In the Philippines (Updated)
I. Types of business entities - As a general rule, foreign equity is allowed to conduct and participate in business in the Philippines, through any of the following modes: 1. By investing in a domestic stock corporation. A domestic corporation is a corporation which is organized under Philippine law. It is an artificial being which has a personality separate and distinct from the shareholders, thus, the liability of shareholders is limited only to their capital contribution. Other than their capital contribution, the shareholders’ other assets are beyond the reach of the corporation’s creditors. Foreign capital may invest in a domestic corporation either by acquiring shares of stock in an existing domestic corporation, or by contributing capital to one that is still in the process of incorporation. Please see full Chapter below for more information.
Vaccine Requirements – Philippines
In the Philippines, the nation-wide rollout of COVID-19 vaccines began in 2021. To date, the Philippines has administered at least 141,959,452 doses of COVID-19 vaccines. Vaccination, although not a standalone control measure, is viewed as the top-most effective tool for protecting people against the said virus. As a corollary measure, minimum public health standards must still be followed to avoid transmission of the virus. Pursuant to Republic Act No. 11525 or the “COVID-19 Vaccination Program Act of 2021” (“R.A. No. 11525”), the policy of the State is to adopt an integrated approach to health development which shall endeavor to make essential social services available to all people at an affordable cost. Given the challenges in procuring and administering vaccines for an immediate and efficient rollout nationwide, Section 5 of the R.A. No. 11525 allows the private entities to procure COVID-19 vaccines for its sole and exclusive use. Given that the Philippines is working under the context of a limited global supply of COVID-19 vaccines, the Inter-Agency Task Force for the Management of Emerging Disease (“IATF”) adopted the prioritization framework and criteria of the Interim National Immunization Technical Advisory Group (“iNITAG”) and the Department of Health Technical Advisory Group (“DOH-TAG”) for COVID-19 vaccines. The framework ensures that priority is given to those who have a higher risk of exposure to COVID-19, i.e., frontline health workers and uniformed personnel, and to vulnerable groups by principle of equity, i.e., senior citizens and the indigent population. The following are currently the order of priority... Please see full Chapter below for more information.
Establishing A Business Entity In the Philippines (Updated)
I. Types of business entities - As a general rule, foreign equity is allowed to conduct and participate in business in the Philippines, through any of the following modes: 1. By investing in a domestic stock corporation. A domestic corporation is a corporation which is organized under Philippine law. It is an artificial being which has a personality separate and distinct from the shareholders, thus, the liability of shareholders is limited only to their capital contribution. Other than their capital contribution, the shareholders’ other assets are beyond the reach of the corporation’s creditors. Foreign capital may invest in a domestic corporation either by acquiring shares of stock in an existing domestic corporation, or by contributing capital to one that is still in the process of incorporation. Please see full Chapter below for more information.
Establishing A Business Entity In the Philippines (Updated)
I. Types of business entities - As a general rule, foreign equity is allowed to conduct and participate in business in the Philippines, through any of the following modes: 1. By investing in a domestic stock corporation. A domestic corporation is a corporation which is organized under Philippine law. It is an artificial being which has a personality separate and distinct from the shareholders, thus, the liability of shareholders is limited only to their capital contribution. Other than their capital contribution, the shareholders’ other assets are beyond the reach of the corporation’s creditors. Foreign capital may invest in a domestic corporation either by acquiring shares of stock in an existing domestic corporation, or by contributing capital to one that is still in the process of incorporation. 2. By operating through a local subsidiary which may be owned entirely or partially by the foreign business entity. A local subsidiary is a domestic corporation, incorporated under Philippine law, which is wholly or majority-owned by the foreign business entity. It is considered domestic because of its local incorporation but is also seen as foreign because of its ownership and the fact that it acts in furtherance of the interests of the foreign “parent” corporation. However, as it is deemed a domestic corporation pursuant to law, it enjoys a legal personality separate and distinct not only from its shareholders, but also from the foreign “parent” corporation. Please see full Chapter below for more information.
Philippines Extends Maternity Leave From 60 Days to 105 Days
President Rodrigo Duterte signed into law in 2019 Republic Act No. 11210, or the “105-Day Expanded Maternity Leave Law,” which extends paid maternity leave from 60 days to 105 days.
US-Philippine Relations: Risk Update Following Diplomatic Dispute
Diplomatic relations between the Philippines and the United States have recently come under strain after the US imposed a travel ban on the Philippines’ former national police chief, Senator Ronald “Bato” dela Rosa, by revoking his visa. As justification for their decision, US officials have pointed to the detention of politician and human rights activist Leila de Lima as well as the extrajudicial killings that have taken place in the Philippines under President Rodrigo Duterte’s “war on drugs,” a shoot-to-kill policy that has targeted thousands of suspected drug users and dealers....
Littler Global Guide - Philippines - Q4 2019
DOLE Issues Guidelines and Procedures for Work-Related Permits and Visas - New Order or Decree - On October 17, 2019, the Department of Labor and Employment (DOLE) published an order providing guidelines on the issuance of a Certificate of No Objection (CNO).
Littler Global Guide - Philippines - Q3 2019
Beginning September 3, 2019, 100% of the service charges collected by hotels, restaurants and similar establishments shall now be distributed equally among all covered workers, excluding managerial employees, pursuant to Republic Act No. 11360.
Sexual Harassment In The Workplace: What Philippine Companies Need To Know
1. What constitutes sexual harassment? As per Republic Act No. 7877,1 work, education or training-related sexual harassment is committed by an employer, employee, manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainer, or any other person who, having authority, influence or moral ascendancy over another in a work or training or education environment, demands, requests or otherwise requires any sexual favor from the other, regardless of whether the demand, request or requirement for submission is accepted by the object of said act.... Please see full Chapter below for more information.