Getting your business officially registered is one of the most important things that must be accomplished for any starting company. Apparently, it can get really tiring and confusing, especially for those who are not familiar with the requirements and processes here in the country.
For business registrations, it’s always best to have legal assistance from an experienced lawyer to save you time and effort. Nevertheless, if you are planning to do it on your own, here are the steps on how to register a partnership business in the Philippines:
Prepare the required documents for SEC Registration
The first thing you are required to accomplish is the registration of your business with the Securities and Exchange Commission or SEC. A partnership (or a corporation) is obliged to secure a certificate of registration with the SEC to own a license to operate their business. The basic documentary requirements that need to be prepared are:
- Name Verification Slip (which can be obtained from the SEC’s website if you prefer to have it before going to an SEC office)
- Articles of Partnership or AP
- A Joint Affidavit of partners to change their partnership name if it has not been stated in the AP
There are, however, additional requirements depending on the nature of your business. These requisites may include:
- Endorsement or Clearance from other government agencies. You may check out this link to know if it’s applicable for your business.
- FIA Form – 105 (for partnerships with a foreigner as a partner)
Obtain a Certificate of Registration with the SEC
The initial steps can be done online through their website such as checking your proposed company name’s availability through https://crs.sec.gov.ph/, once verified that the name is not yet taken, you can then fill out the application form on the same site. The rest of the application process is listed on that corresponding page, however, this can all be accomplished at any SEC office as well if you find it more convenient to just go there and be personally assisted by an employee.
Get a Barangay Clearance
All businesses are required to have a Barangay Clearance according to our Local Government Code. This clearance is obtained at the local Barangay Office where your business is or will be located and the fee in securing one, though varies per location, is often minimal. A Barangay Clearance serves as an assurance that your business adheres to the standards of the local Barangay and that your business is a community-friendly company.
Register your business & employees with the Social Security System (SSS)
Registering your business and employees (even if they are temporary or provisional) is mandated and is considered a violation of the Social Security Law if not performed. Employers are obliged to submit the SSS coverage of a worker within 30 days of his or her employment. The SSS website (sss.gov.ph) presents comprehensive information on the responsibilities and obligations of an SSS employer. The following forms must be completely filled out and submitted to be a registered SSS employer:
- SS Forms R-1 and R-1A
- Photocopy of SEC Articles of Partnership
- Business location sketch or map
- Validated Miscellaneous Payment Return also known as SS Form R-6 or SS Form R-6 with Special Bank Receipt (proof of payment for the Employer Registration Plate)
Register with other government-mandated agencies
Once your business began its operations and you’ve hired a number of employees, registration with other government-mandated agencies must follow through.
- The new National Health Insurance Act (RA 7875/RA 9241) is requiring all employers in the Philippines to register their employees with Philippine Health Insurance Corporation (Philhealth) and to remit their share of contribution to the said agency. Registering your employees ensure that they are going to be covered by this health insurance which can help greatly in reducing hospitalization costs and their other health care needs.
- Pag-IBIG FUND. As stated in RA 7742, SSS members who earn at least Php4,000 per month must be registered with the Home Development Mutual Fund (HDMF) which is the agency that administers the Pag-IBIG Fund. This agency works towards providing its members with sufficient housing (loans) through an effective saving scheme.
NOTE: Registration with the Department of Labor and Employment (DOLE) is also a must for business operations with five or more employees.
Obtain a Mayor’s/Business Permit
This document can only be acquired after securing a Certificate of Registration from SEC, Barangay Clearance, and registration with the SSS since these documents would be required to get a business permit. The fees, requirements, and processes may vary in different local offices. Fees for new applicants may depend on their starting capital while charges for renewals depend on the applicant’s prior year gross revenues or sales. Here are the basic requirements in obtaining a Mayor’s Permit:
- Business Permit Application Form
- Barangay Clearance
- Certificate of SEC Registration
- Public Liability Insurance (for Restaurants, Cinemas, Malls, etc.)
- Authorization Letter of the owner/s with ID
- Contract of a lease (if renting a space) or land title/tax declaration (if you own the place of business)
- SSS Certification or Clearance
- Community Tax Certificate or CEDULA
Depending on the type of business, other documents may also be required. Business permits are renewed every year.
Register with the Bureau of Internal Revenue (BIR)
A Mayor’s Permit must be submitted before processing a Certificate of Registration with the BIR since Mayor’s permit is actually a requirement to obtain such a certificate. Registering with the Bureau of Internal Revenue will give you permission to issue official receipts, register books of accounts, and (for partnerships and corporations) to obtain a separate Tax Identification Number.
Business registrations take days and great effort and a helping hand shall always be considered. Yap, Kung, Ching & Associates Law Office provides complete assistance when it comes to business registrations together with other legal matters. Remember that starting a business can be a handful and getting a lawyer to help you have this thing off your load is just one call away.
Do you want to be a lawyer? If yes, you may want to read this article titled “Why Lawyers in the Philippines Have a Fulfilling Career?”