Professional Documents
Culture Documents
MODULE
Legal Requirements
1
A new enterprise has to be registered in various government agencies. The complexity of registration varies according to the
legal form of the business. A single proprietorship is the easiest to register, while a corporation requires more elaborate procedures.
Below is the list of various government agencies and local government units where the entrepreneurs should secure the necessary legal
requirements to operate their business.
Registering with the Department of Trade and Industry (DTI)
The DTI-NCR and DTI provincial Offices nationwide administer the registration of business names.
If you are single proprietor and your business is using a name other than your true name, that business name should be
registered. By registering your business name with the DTI, you are assured that no other entity may legally use your business name
anywhere in the Philippines.
Steps for over-the-counter registration:
1. Obtain application forms (duplicate copy) and fill these up completely. Only the owner of the business or his or her Attorney-
in-Fact (who is authorized in the proper legal requirements) is authorized to sign all the forms.
2. Meet the following requirements (for single proprietorship)
- Must be a Filipino citizen, at least 18 years old. Filipinos with names suggestive of alien nationality must submit any
of the following proof of citizenship: birth certificate, PRC ID, voter’s ID, or valid passport.
- Certain types of businesses may have other requirements, such as service and repair shops, real estate brokers,
dental/medical, clinic/ hospitals, pawnshops, manpower services, engineering/architectural services and other services
provided by professionals.
3. Submit application form to the DTI processor. This will check if the Business Name is still available, if yes, you will be
asked to pay the application fee.
4. Pay the required registration and processing fee. A penalty is imposed if the BNRS certificate is not renewed within 3-month
grade period from the certification’s expiration date.
5. After showing the receipt to the Processor, the Business Name Certificate will be released.
6. Your business Name Certificate is valid for 5 years from date of registration.
Registering with the Securities and Exchange Commission (SEC)
The SEC is the government agency that gives the business enterprise its legal personality. Partnerships and corporations need
to be registered with the SEC. Singe proprietorship need not to register.
Registration Procedure
1. Verify/reserve proposed name with the Name Verification Unit.
2. Draw up the Articles of Incorporation and By-Laws in accordance with the Corporation Code. Blank forms are also available
from the CRMD (company registration and monitoring department)
3. If required, get endorsements from other government agencies.
4. Deposit paid-up capital/contribution (for foundations only) in the bank.
5. Present six (6) sets of the accomplished forms and documents for processing at the CRMD. Only complete application
documents are accepted for processing. All documents executed outside the Philippine must be authenticated by the
appropriate Philippine Embassy or consulate in the area concerned.
6. Pay the filling fees to the Cashier.
7. Claim the certificate/License from the Releasing Unit, Records Division upon presentation of the official receipt issued for
payment of filling fee.
Registering with the Bureau of Internal Revenue (BIR)
Every business enterprise has to register with the BIR for taxation purposes. Below are the steps to follow.
1. Secure a permanent record file number of Tax Identification Number (TIN) from the BIR National office.
2. Register the business/trade name with the supporting papers.
- Mayor’s permit
- Certificate of Business Name Registration from DTI
- Articles of Partnership or Corporation
- Community Tax Certificate (brgy/municipality)
- Secure authority to print books of account, invoices, receipts, and other accounting records by filling up four copies of an
application form and other counting records.
- Register book of accounts
Registering with the Department of Labor and Employment
Business establishments with one or more employees are required to register with DOLE, the agency which monitors
compliance with labor laws. The Bureau of Local Employment, administers the registration of establishments. To register, secure and
fill up a registration form. Corporations are required to attach a photocopy stat copy of the SEC Certificate of Registration.
Registering with the Social Security System (SSS)
An employer, or any person who uses the services of another person in business, trade, industry or any undertakings must be registered
with the SSS. Social, civic, professional, charitable, and other non-profit organizations, which hire the services of employees, are
considered “employers”.
Single Proprietorship
An owner of a single proprietorship business may accomplish and submit SSS Forms R-1 (Employer’s Data Record) and R-1A
(Initial or Subsequent List of Employees).
Entrep 12 page 2 Prefi
Partnerships
Any of the partners of a partnership firm should accomplish SSS Forms R-1 and R-1A and submit these forms together with a
photocopy of the Articles of Partnership. The original copy of Partnership must be presented for authentication.
Corporations
A corporations must accomplish SSS forms R-1 and R1-A signed by its president or any of the corporate officers or incorporators.
Submit these forms together with the photocopy of the Articles of Incorporation. The original copy of the Articles of Incorporation
must be presented to the SSS for authentication.
SSS Contribution
P20, 000 x 12% = contribution amount to SSS/month
2, 400 (4%- employee, 8%- employer)
800 + 1,600 = 2,400
Pag-Ibig Fund Contribution
5,000= 100 + 100 = 200 (if employed)
100 (if not employed/voluntary)
PhilHealth Contribution
Monthly salary x 3.5%
20, 000 x 3.5 = 700 (divided by 2)
350- employee, 350- employer
-THE END-