Business Registration Requirements, Permits in the Philippines

Steps to Legally Register and Operate a Business in the Philippines

There are a number of government agencies you must register with in addition to opening a bank account when starting a business in the Philippines and hiring employees.  It is essential to register your business to avoid any legal problems once business operations begin. The following are the required steps K&C will perform on your behalf to legally register your new business in the Philippines.  Most of the steps can NOT be performed simultaneously.  These required steps must be performed one at a time.  

1. Secure Business Name with Securities and Exchange Commission (SEC)

The first step is to register your preferred corporate name with the SEC while our lawyers work on the company's articles of incorporation and by-laws. Once the AOI and By-laws are drafted, you may open the TITF account with your preferred bank. 

2. Open Corporate Bank Account

Companies applying for incorporation must open a TITF account with its preferred bank. The TITF account will serve as the temporary depository account of the required paid-up capital of the corporation. The basic requirements for the opening of a TITF account include the proposed articles of incorporation and bylaws, account opening forms with the specimen signature card to be accomplished by the treasurer-in-trust, valid identification cards of the treasurer-in-trust, and the minimum deposit required by the bank which ranges from P10,000.00 to P50,000.00 depending on bank. The bank will issue a certificate of deposit which is among the documentary requirements to be submitted to the SEC.

3. Securities and Exchange Commission (SEC) Registration

Once a bank certificate of deposit is issued, and provided the following documentary requirements are complete, the application for registration may be submitted to the SEC:

• Name Reservation and Payment Form
• Notarized Articles of Incorporation and By-laws
• Treasurer's Affidavit
• Bank Certificate of Deposit or Proof of Inward Remittance
• Duly accomplished SEC Form F-100, for corporations with more than 40% foreign equity

SEC registration takes 10 to 15 working days upon submission of complete documentary requirements and if there are no holidays during this time period.

4. Bureau of Internal Revenue (BIR)

Registration
After SEC registration, a company must obtain a taxpayer identification number (TIN), register its books of accounts and apply for authority to print official receipts.

5. Social Security System (SSS) Registration

All companies must be registered with the SSS and must secure an employer number which will be used as reference for the remittance of monthly contributions. To register with the SSS, the following documents have to be submitted:

• Employer Registration Form (R-1)
• Employment Report Form (R-1A)
• SEC Registration, Articles of Incorporation and By-laws 

6. Phil-Health Registration

Phil-Health is the Philippine Health Insurance Corporation.  All employers are required to register their employees to this agency as stated in the New National Health Insurance Act (RA 7875 / RA 9241). PhilHealth manages and administers the government health care system. To register with PhilHealth, the following documents are required:

• Employer Data Record (ER1)
• Report of employee-members (ER2)
• SEC Registration, Articles of Incorporation and By-laws

7. Pag-Ibig Registration

Pag-IBIG Fund is also known as The Home Development Mutual Fund, which is mandatory for all employees covered by the Social Security System (SSS).  The Pag-IBIG Fund essentially provides various types of loans.  

8. Mayor's or Business Permit

Barangay Clearance
This clearance is obtained from the Barangay where the business/company is located. The fees depend on the Company's paid-up capital plus an additional amount for taxes, fees and other charges which may vary for each barangay. The basic document required is the notarized lease contract between the Company and the Lessor of its registered office.

Locational Clearance
The following are the documents required in order to secure a locational clearance:

• Location Map
• Barangay Clearance
• Lease Contract
• SEC Registration documents
• Occupancy Permit Building/Unit)
• Business Permit application form

Business Permit/Mayor's Permit
The following are the documents required in order to secure a business permit:

• SEC registration documents (AOI, By-laws, Certificate of Incorporation)
• Locational Clearance
• Lease Contract
• Barangay Clearance