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1.

What are the possible modes of entry in setting up business operations


in the Philippines?
You may choose to set up your business under the following options:
single proprietorship
partnership
corporation
branch office
representative office
regional headquarters and
regional operating headquarters
2. Where does one apply for registration of investments?
You may go online at www.bnrs.dti.gov.ph to know the requirements and register
your business name.
For additional info, you may log on to www.dti.gov.ph or www.business.gov.ph.
a.
For Corporations/Partnerships, Branch and Representative Offices - You may
log on to www.sec.gov.ph for details
b.
For Regional Headquarters and Regional Operating Headquarters - Submit
application form together with required documents at the Board of Investments (see
contact details below).
Board of Investments (BOI)
Project Evaluation and Registration Dept.
Industry and Investments Building
385 Sen. Gil Puyat Avenue
Makati City Metro Manila
Tel. : (632)895-3997
E-mail: perd@boi.gov.ph
3.
Can a foreign investor be allowed to invest up to 100% of its capital
in a domestic enterprise?
Yes, foreign investors are allowed to invest 100% in a domestic enterprise under the
following conditions:
- Investments are made in areas listed under the Foreign Investments Act (FIA)
except those marked in the Regular Foreign Investment Negative List (FINL);
- If the investor has a paid-up capital of at least US$200,000.00, which may be
trimmed down to US$100,000 provided the venture introduces cutting-edge
technology or employs at least 50 direct personnel;
- If product/service being engaged is earmarked for exports.
4. What are the areas of investments covered by the Foreign Investments
Act (FIA)?

The FIA covers all investment areas, except banking and other financial institutions,
which are governed and regulated by the Bangko Sentral ng Pilipinas (BSP).
The Foreign Investment Negative List covers areas of economic activity whose
foreign ownership is limited to a maximum of forty percent (40%) of the outstanding
capital stock in the case of a corporation or capital in the case of partnership.
For detailed listing, you may access the FIA at www.gov.ph/laws/ra8179.pdf.
5. How can my business avail of tax incentives from government?
To avail of tax incentives, enterprises must be registered with the appropriate
Investment Promotion Agency (IPA) depending upon the location of the project.
a.
For projects outside the Economic or Freeport Zones
Board of Investments (BOI)
b.
For projects located in Economic or Freeport Zones, these are the options:
- Aurora Special Economic Zone Authority (ASEZA)
- Bases Conversion Development Authority (BCDA)
- Cagayan Economic Zone Authority (CEZA)
- Clark Development Authority (CDC)
- Phividec Industrial Authority (PIA)
- Philippine Economic Zone Authority (PEZA)
- Regional Board of Investments-Autonomous Region in Muslim Mindanao (RBOIARMM)
- Subic Bay Metropolitan Authority (SBMA)
- Zamboanga Economic Zone Authority (ZEZA)
6.

What incentives are available to registered enterprises?

The compote of incentives offered is both fiscal or non-fiscal such as income tax
holidays, wage-based deductions from taxable income and/or infrastructure,
exemption from duties or grant of tax credits from certain importation, easement
from wharf dues and export taxes, employment of foreign nationals, and other
varied site-specific incentives.
7.
What activities do Regional Headquarters (RHQ))/Regional Operating
Headquarters (ROHQ) engage in and its list of incentives?
The activities of the RHQ are limited to acting as a supervisory, communications
and coordinating center for its subsidiaries affiliates and branches in the region.
It is neither allowed to derive any income from sources in the Philippines and to
participate in any manner in the management of any subsidiary or branch office it
might have in the Philippines nor to solicit or market goods and services whether on
behalf of its mother company or its branches, affiliates, subsidiaries or any other
company. The law that governs this industry is Republic Act 8756.

For full text of this law, you may log on to:


http://www.congress.gov.ph/download/ra_11/RA08756.pdf
8.
What are the basic rights and guarantees given for the safety of
foreign investments?
All investors and enterprises are entitled to the basic rights and guarantees
provided in the Philippine Constitution, such as the right to repatriation of
investments, remittance of earnings, foreign loans and contracts, freedom from
expropriation and non-requisition of investment.
9.
How does a company remit its profits and dividends and repatriate
capital abroad?
Enterprises may remit profits and dividends or repatriate its capital abroad thru
remittances with the Bangko Sentral ng Pilipinas (BSP) after registration with the
SEC or BTRCP. For this purpose, BSP rules and regulations covering procedures for
registration of foreign investments are observed.
10.

What are the investment rights of a former natural born Filipino?

The Foreign Investments Act (FIA) recognizes the rights of former natural born
Filipinos. They are granted same investment rights as Filipino citizens in activities
such as cooperatives, thrifts banks and private development banks, rural banks and
financing companies. In addition, under Section 1 of the FIA as amended by RA 8179
provides that any natural born citizen who has lost his citizenship, and who has
legal capacity to enter into a contract under Philippine laws may be a transferee of
a private land to be used by him for business or other purposes up to a maximum
area of five thousand (5,000) square meters in the case of urban land or three (3)
hectares in the case of rural land. See the Foreign Investments Act (FIA) for details:
www.gov.ph/laws/ra8179.pdf
11.

As an investor, what visa can be issued to me?

All investors and enterprises are entitled to the basic rights and guarantees
provided in the Philippine Constitution, such as the right to repatriation of
investments, remittance of earnings, foreign loans and contracts, freedom from
expropriation and non-requisition of investment.
Special Investor Resident Visa (SIRV)
The SIRV entitles the holder to reside in the Philippines for an indefinite period as
long as his investment continues to operate. The SIRV is issued in coordination with
the BOI (www.boi.gov.ph) and the Bureau of Immigration (www.immigration.gov.ph).
For more details on the allowable forms of investments, criteria for granting SIRV,
log on to their respective websites.

Special Resident Retiree Visa (SRRV)


The SRRV is issued by the Philippine Retirement Authority (PRA). Its primary role is
to promote and grant the SRRVs to would-be retirees, and to offer a range of
services, benefits, and comfort that would make their stay worthwhile. For more
details, you may log on to www.pra.gov.ph.
Entry Visa
Foreign nationals come to the Philippines for reasons of business, pleasure or health
with a temporary visitor's visa. This visa allows them to stay for a period of 59 days,
extendable for a maximum of one year. Visitors who may wish to extend their stay
must register with the Bureau of Immigration or with the office of the municipal or
city treasurer in areas outside Manila. Executive Order No. 408 allows for foreign
nationals, except those of specifically restricted nationalities, to stay in the
Philippines for up to 21 days without a visa.
Work Permits
In general, a foreign national seeking employment in the Philippines, whether
resident or non-resident, needs to an Alien Employment Permit (AEP) from the
Department of Labor and Employment (DOLE). For more details, you may log on to
www.ble.dole.gov.ph.
Treaty Traders Visa (applicable only to Japanese, Germans and Americans)
This visa is issued to abovementioned nationalities based on certain criteria. For
more information, you may log on to www.immigration.gov.ph