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Internal users of Accounting Information Operating activities-use of resources to design, produce,

distribute, and market goods and services.


 Includes board of directors, chief executive officers,
chief financial officers, vice president, business unit
managers, plant managers, and the supervisors – Types of business according to ownership.
financial information helps in designing information
system that primarily helps in planning and control
decision. SOLE PROPRIETORSHIP
- Owned by one individual
 Management – for planning and controlling the - For the practice of trade or profession
operation of the business. - Simplest and least costly
Advantages:
 Owner/s of the firm – need to know if the business is  Full control of ownership
operating at a profit or loss.  Easy to start, easy to dissolve
 All profits go directly to the owner
 Employees- are interested in the information  Less government regulation
regarding the profitability and stability of an  The government taxes the owner and not the
enterprise so they can assess their employment business (subject to income taxation)
status, and whether the company has the ability to
provide better remuneration and additional benefits Disadvantages
 Unlimited liability
External users of Accounting Information  Limited life
 Difficulty in raising capital
 Creditors and suppliers – in order to evaluate a
borrower’s ability to pay and in deciding whether to Business Requirement
extend credit to a debtor.  Register business name with DTI
(renewal every 5 yrs)
 Investors / potential investors – to determine if their  Barangay clearance (renewal every year)
investment is profitable and safe and in deciding  Municipal Business Permit (yearly)
whether to invest in the business or not. Also  BIR – yearly registration fee
whether they should buy, hold or sell their shares of  SSS, Philhealth, HDMF
stock.
PARTNERSHIP
 Customers – need accounting information as basis for  owned by two or more individuals or partners.
evaluating the possibility of price changes and  Under the Civil Code of the Philippines, a
identifying other sources of cheaper services and partnership is considered as juridical person,
commodities. having a separate legal personality from that of
its owners (partners).
 Government and their agencies – to regulate the  Partnerships may either be general
activities of the enterprise, determine taxation partnerships, where the partners have
policies and as basis for national income statistics. unlimited liability for the debts and obligation
BIR, SEC, DTI of the partnership, or
 limited partnerships, where one or more
 Financial analyst and advisors – use financial general partners have unlimited liability and the
information as basis in evaluating the position of the limited partners have liability only up to the
business in the industry and render an opinion on the amount of their capital contributions.
business’ potentials regarding profitability, risk and
 A partnership with more than three thousand
opportunities
pesos (P3,000.00) capital must register with
Securities and Exchange Commission (SEC).
 Trade associations – use financial data to report Partnerships are generally treated like
industry statistics; industry comparison and analysis in corporations for income tax computation
order that firms belonging to the same industry can purposes.
make relevant economic decision.
Advantages:
 Public- financial information provides the public about  Increased potential
the current trends and recent developments in the
 Easy to form
prosperity of the enterprise and the range of its
 Less government regulations
activities.
 Professional partnership is tax exempt
 Disadvantages
 Banks and other financial institution
 Unlimited liability of partners
 Limited life
Financing-financial resources from financial market  High possibility of dispute among partners

Investing activity-use of capital from financing activity to Business Requirement


acquire other resources use in the transformation  Verify business name with SEC
process; includes acquiring, disposal and replacement of
 File articles of incorporation with SEC
long-term resources.
 Register business name with DTI (renewal every
5 yrs)
 Barangay clearance (renewal every year) 3. Regional Headquarters (RHQs)
 Municipal Business Permit (yearly) – An RHQ undertakes activities that shall be limited to
 BIR – yearly registration fee acting as supervisory, communication, and coordinating
 SSS, Philhealth, HDMF center for its subsidiaries, affiliates, and branches in the
Asia-Pacific region. It acts as an administrative branch of
CORPORATION a multinational company engaged in international trade.
 owned by its shareholders (natural or juridical It does not derive income from sources within the
persons). A corporation is composed of juridical Philippines and does not participate in any manner in
persons established under the Corporation the management of any subsidiary or branch office it
Code and regulated by the SEC with a might have in the Philippines. Required capital is
personality separate and distinct from that of its US$50,000 annually to cover operating expenses.
stockholders.
 The liability of the shareholders of a corporation 4. Regional Operating Headquarters (ROHQs)
is limited only to the amount of their share – An ROHQ performs the following qualifying services
capital. to its affiliates, subsidiaries, and branches in the
 It consists of at least five to 15 incorporators, Philippines.
each of whom must hold at least one share and
must be registered with the SEC. Minimum paid  General administration and planning
up capital is P5,000. A corporation in the  Business planning and coordination
Philippines can either be stock or non-stock  Sourcing/procurement of raw materials
company regardless of nationality. components Corporate finance advisory
services
 Marketing control and sales promotion
a. Stock Corporation – This is a corporation with capital  Training and personnel management
stock divided into shares and authorized to distribute to  Logistic services
the holders of such shares dividends or allotments of  Research and development (R&D) services and
the surplus profits on the basis of the shares held. product development
 Technical support and communications
b. Non-stock Corporation. This is a corporation  Business development
organized principally for public purposes such as  Derives income in the Philippines
foundations, charitable, educational, cultural, or similar  Required capital: US$200,000 – one time
purposes and does not issue shares of stock to its remittance
members.
Advantages:
 More source of fund
Organized under Foreign Laws  Easy to transfer ownership
 Limited liability
The following are types of business forms in the  Unlimited commercial life
Philippines which are organized under Foreign Laws
(source: Department of Industry) Disadvantages:
 More government regulations
1. Branch Office  Costly to incorporate
– is a foreign corporation organized and existing under  Subject
foreign laws that carries out business activities of the
head office and derives income from the host country. It Business Requirements:
is required to put up a minimum paid up capital of  Verify business name with SEC
US$200,000, which can be reduced to US$100,000 if  Draft articles of incorporation by incorporators
activity involves advanced technology, or company  Deposited paid-up capital collected
employs at least 50 direct employees. Registration with  File articles of incorporation with SEC
the SEC is mandatory.
 Register the Bus. Name with DTI
 Barangay clearance
2. Representative Office
 Business permit with the municipality
– is a foreign corporation organized and existing under
 Registration with BIR, Philhealth, HDMF
foreign laws. It does not derive income from the host
country and is fully subsidized by its head office. It deals
directly with clients of the parent company as it
Partnership distinguish from corporation:
undertakes such activities as information dissemination,
o Manner of creation – mere agreement / created
acts as a communication center, and promotes
by operation of law
company products, as well as quality control of products
for export. It is required to have an initial minimum
o Number of persons – two or more persons / at
inward remittance in the amount of US$30,000 to cover
least 5 not exceeding 15 incorporators
its operating expenses and must be registered with the
SEC. Under Republic Act (RA) 8756, any multinational
o Commencement or juridical personality – from
company may establish a Regional Headquarter (RHQ)
or Regional Operating Head Quarter (ROHQ) as long as the execution of articles of partnership / from
they are existing under laws other than the Philippines, the issuance of the certificate of incorporation by
with branches, affiliates, and subsidiaries in the Asia SEC
Pacific Region and other foreign markets.
o Management – every partner is an agent /
management is vested on the BOD

o Extent of liability – liable up to the extent of


personal assets except for limited partner /
stockholders are liable only up to the extent of
their interest or investment

o Right of succession - no right of succession /


continued existence

o Terms of existence – any period of time stipulated


by the partners / no to exceed 50 years but
subject to extension.

COOPERATIVE

 Owned by group of individuals who also serve


as benefactors to the business endeavour.

 At least 15 members to function

 BOD and Officers are elected by the GA to


manage the business

 Have set of law or articles of cooperation

Types of cooperative
 Credit coop
 Consumer coop
 Producers coop
 Marketing coop
 Service coop
 Multi-purpose coop
 Advocacy coop
 Agrarian reform coop
 Coop bank
 Dairy coop
 Educational coop
 Electric coop
 Financial service coop
 Fishermen coop
 Health service coop
 Housing coop
 Insurance coop
 Transport coop
 Water service coop
 Workers coop

Advantage
 Unlimited life
 Democratic organization
 Social equality of members
 Income is exempted from tax under special law.
Disadvantages
 One member – one vote policy
 Lack of membership and participation
Business requirements
 General statement / purpose of coop
 Draft of coop by-laws
 Draft of articles of coop
 Bond for accountable officers
 Register with Coop Development Authority
(CDA)

FABM – Supplemental reading


to the partnership, but the industrial partner shall not
Types of business according to ownership structures be liable for the losses.

1. Proprietorship – is a business that is owned by a As for the profits, the industrial partner shall receive
single individual who has full control and authority in such profits as may be just and equitable under the
running this kind of business. The owner, called circumstances. If the industrial partner contributed
proprietor, owns all the assets and is solely responsible capital, he shall also receive a share in the profits in
for all the liabilities of the company. He or she enjoys all proportion to his capital.
the profits but also suffers all losses of this business.
The proprietor and his proprietorship 3. Corporation — register with the SEC.
business/businesses is considered as one taxpayer,
sharing a single TIN (Taxpayer Identification Number) A corporation is “an artificial being created by operation
for tax purposes. A sole proprietorship must apply for a of law, having the right of succession and the powers,
business trade name and be registered with the attributes and properties expressly authorized by law or
Department of Trade and Industry. incident to its existence.”5

The corporation has an existence separate from that of


Starting a business in the Philippines can be a bit its stockholders.
confusing because of the many legal requirements
necessary before a business can operate. This article Corporations may be classified as either stock or non-
summarizes the essential legal requirements that are stock corporations. Stock corporations have capital
necessary for starting a business. stock divided into shares of stock, which may be issued
to the stockholders. Stock corporations are allowed to
A. Register the Business Organization distribute dividends to the stockholders on the basis of
The first step is to register the business with the the number of shares of stock owned by them. Non-
appropriate government agency depending on the type stock corporations do not have capital stock divided
of business organization one wants to establish. into shares of stock and are not allowed to distribute
dividends to the members.
1. Sole proprietorship — register with the Department
of Trade (DTI). A stock corporation is the appropriate type of
corporation for the purpose of operating a business.
A sole proprietorship is the simplest type of business
organization that may be established by a person, called B. Obtain a Mayor’s or Business Permit
the sole proprietor. Unlike a partnership or corporation, All businesses are required to secure a mayor’s permit
which is a business organization that has a separate or business permit from the local government of the
existence from the partners in a partnership or city or municipality where the business is located.
stockholders in a corporation, the sole proprietorship
does not have a separate existence from the business Different cities and municipalities have different
owner. registration procedures and requirements. The
following are the general requirements for securing a
In a sole proprietorship, the business is an extension of permit for a new business:
the business owner. Thus, the assets and liabilities of
the sole proprietorship are considered the assets and Application forms
liabilities of the business owner.  DTI registration or SEC registration, whichever is
applicable
2. Partnership — register with the Securities and  Lease contract or title covering the property where
Exchange Commission (SEC). the business is located, whichever is applicable
 Locational or zoning clearance
A partnership is a business organization whereby two or  Building permit and occupancy permit
more persons agree to contribute money, property, or  Public liability insurance
industry to a common fund, with the intention of  Barangay clearance
dividing the profits among themselves. Two or more  Fire safety certificate
persons may also form a partnership for the exercise of  Other requirements specific to the type of business
a profession. to be carried out

The partnership has an existence separate from that of For the specific requirements, one needs to visit the city
each of the partners. or municipal hall of the city or municipality where the
business will be established.
Unlike a corporation, a partnership does not have
shares of stock, which are the basis for the distribution C. Register with the Bureau of Internal Revenue (BIR)
of the profits (i.e., dividends) among the stockholders. All businesses have to register with the BIR before the
Instead, in a partnership, the losses and profits are commencement of operation for taxation purposes.
distributed in accordance with the agreement of the
partners. If only the share of each partner in the profits The registration process involves obtaining and
has been agreed upon, the share of each in the losses registering a tax identification number (TIN), obtaining
shall be in the same proportion. In the absence of an BIR-registered official receipts and invoices, registering
agreement, the share of each partner in the profits and the business’s books of accounts, and paying the
losses shall be in proportion to what he has contributed applicable fees.
The registration must be done at the Revenue District It is very important to secure these essential legal
Office (RDO) of the BIR, which covers the registered requirements. The consequences of operating a
address of the business. business without the said legal requirements range
For the specific requirements for BIR registration, one from the closure of business, to the imposition of
needs to visit the RDO that covers the registered monetary fines, and finally, to imprisonment.
address of the business.
Local government units in different cities and
D. Register with the Social Security System (SSS) municipalities have different penalties for businesses
All businesses that have employees must be registered operating without the required mayor’s or business
with the SSS. The registered employer will be assigned permit, such as surcharge and interest on the amount of
an employer number, which will be used as reference fees due. However, one common penalty that may be
for the remittance of monthly contributions, composed imposed is the closure of the business. Confiscation of
of the employee’s contribution and the employer’s the business property and assets may also be done.
share.
As for failing to register a business with the BIR, the said
SSS coverage is compulsory for all employees not over violation is penalized by a fine ranging from P5,000 to
sixty years of age and their employers. P20,000, imprisonment of six months to two years.
There is also a compromise penalty of P2,000 to
An employer is any person who carries on in the P20,000, depending on whether the business is located
Philippines any trade, business, industry, undertaking, in a city or in a municipality.
or activity of any kind and uses the services of another
person who is under his or its orders as regards the For failing or refusing to register the employees or to
employment. Meanwhile, an employee is any person deduct contributions from the employees’
who performs services for an employer in which either compensation and remit the same to the SSS, the
mental or physical efforts or both are used and who penalty is either a fine (ranging from P5,000 to P20,000)
receives compensation for such services, where there is or imprisonment for six years to twelve years.
an employer‐employee relationship.

The SSS provides replacement income for employees in


times of disability, sickness, maternity, and old age. It Any employer who fails or refuses to register employees
also provides assistance during death and for funeral with PhilHealth or to deduct contributions from the
expenses. employees’ compensation or remit that same amount
to PhilHealth is penalized with a fine of P5,000,
E. Register with the Philippine Health Insurance multiplied by the total number of employees of the
Corporation (PhilHealth) business.
All employers are required to register themselves and
their employees with PhilHealth, the government On the other hand, any employer who fails or refuses to
health-care system. Upon registration, an employer register employees with the Pag-IBIG Fund or to collect
shall be issued an employer number. or remit the required contributions is penalized either
with a fine of not less than but not more than twice the
Under the PhilHealth system, the monthly contribution amount involved, or imprisonment of not more than six
is divided equally between the employer and the years. The employer may be both fined and imprisoned,
employee. It is deducted and withheld automatically by depending on the discretion of the court.
the employer from the employee’s salary then remitted
to PhilHealth.

F. Register with the Home Development Mutual Fund


(Pag-IBIG Fund)
All employees who are or ought to be covered by the
SSS are also covered by mandatory membership in the
Pag-IBIG Fund.10 The Pag-IBIG Fund provides various
types of housing loans to employees.

Members make their contributions to the Pag-IBIG Fund


through salary deduction. The employer has the
responsibility to deduct the contribution from the
employee’s salary. Together with the employer’s share
of the contribution, the employee contribution is
remitted to the Pag-IBIG Fund on a monthly basis.

G. Importance of Securing the Legal Requirements


The above legal requirements are only the essential
requirements for starting a business in the Philippines.
There may be other special permits, clearances, or
registrations from or with other government agencies
that may be necessary, depending on the kind of
business and projects a business owner plans to engage
in.

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