LABMAN: Business In General

Cards (28)

  • Why People Engage in Business
  • Legal Forms of Business Ownership
    • The Project Feasibility Study
    • How to Register Your Business
  • This is Your Presentation Title
  • Powers and Functions of the Commission
    The Commission shall have the powers and functions provided by the Securities Regulation Code, Presidential Decree No. 902-A, as amended, the Corporation Code, the Investment Houses Law, the Financing Company Act, and other existing laws
  • Under Section 5 of the Securities Regulation Code, Rep. Act. 8799, the Commission shall have, among others, the following powers and functions
    • (a) Have jurisdiction and supervision over all corporations, partnerships or associations who are the grantees of primary franchises and/or a license or permit issued by the Government
    • (b) Formulate policies and recommendations on issues concerning the securities market, advise Congress and other government agencies on all aspects of the securities market and propose legislation and amendments thereto
    • (c) Approve, reject, suspend, revoke or require amendments to registration statements, and registration and licensing applications
    • (d) Regulate, investigate or supervise the activities of persons to ensure compliance
    • (e) Supervise, monitor, suspend or take over the activities of exchanges, clearing agencies and other SROs
    • (f) Impose sanctions for the violation of laws and the rules, regulations and orders issued pursuant thereto
    • (g) Prepare, approve, amend or repeal rules, regulations and orders, and issue opinions and provide guidance on and supervise compliance with such rules, regulations and orders
    • (h) Enlist the aid and support of and/or deputize any and all enforcement agencies of the Government, civil or military as well as any private institution, corporation, firm, association or person in the implementation of its powers and functions under this Code
    • (i) Issue cease and desist orders to prevent fraud or injury to the investing public
    • (j) Punish for contempt of the Commission, both direct and indirect, in accordance with the pertinent provisions of and penalties prescribed by the Rules of Court
    • (k) Compel the officers of any registered corporation or association to call meetings of stockholders or members thereof under its supervision
    • (l) Issue subpoena duces tecum and summon witnesses to appear in any proceedings of the Commission and in appropriate cases, order the examination, search and seizure of all documents, papers, files and records, tax returns, and books of accounts of any entity or person under investigation as may be necessary for the proper disposition of the cases before it, subject to the provisions of existing laws
    • (m) Suspend, or revoke, after proper notice and hearing the franchise or certificate of registration of corporations, partnerships or associations, upon any of the grounds provided by law
    • (n) Exercise such other powers as may be provided by law as well as those which may be implied from, or which are necessary or incidental to the carrying out of, the express powers granted the Commission to achieve the objectives and purposes of these laws
  • Under Section 5.2 of the Securities Regulation Code, the Commission’s jurisdiction over all cases enumerated under Section 5 of PD 902-A has been transferred to the Courts of general jurisdiction or the appropriate Regional Trial Court

    • The Commission shall retain jurisdiction over pending cases involving intra-corporate disputes submitted for final resolution which should be resolved within one (1) year from the enactment of the Code
    • The Commission shall retain jurisdiction over pending suspension of payments/rehabilitation cases filed as of 30 June 2000 until finally disposed
    • Considering that only Sections 2, 4, and 8 of PD 902-A, as amended, have been expressly repealed by the Securities Regulation Code
  • Only Sections 2, 4, and 8 of PD 902-A, as amended, have been expressly repealed by the Securities Regulation Code
  • The Commission retains the powers enumerated in Section 6 of said Decree, unless these are inconsistent with any provision of the Code
  • Types of Corporations
    • Stock Corporation
    • Non-Stock Corporation
    • Foreign Corporation
    • Partnership
  • Primary Registration
    1. All applications and supporting documents must be in four (4) copies and in A4 size bond paper with a cover sheet
    2. Documents signed abroad must be authenticated by the Philippine Embassy or Consulate in the country where signed
    3. Audited Financial Statements and Special Audit Reports must be certified by an independent Certified Public Accountant (CPA), with Statement of Representation filed with the SEC
    4. All applications must indicate the Tax Identification Number (TIN) of the incorporators, directors/trustees, stockholders/members for corporations, and partners for partnerships
    5. Foreign investors are allowed to indicate passport number in lieu of TIN for registration of a corporation/partnership
  • Secondary Registration
    PROCEDURES AND REQUIREMENTS FOR REGISTRATION OF SECONDARY LICENSES
  • Amendment – Primary Registration
    CORPORATION: Amended Articles of Incorporation (For Stock and Non-Stock Corporations), Amended By-Laws (For Stock and Non-Stock Corporations), Increase of Authorized Capital Stock, Decrease of Authorized Capital Stock; PARTNERSHIP: Amended Articles of Partnership - (Amendment of Partnership Name), Amended Articles of Partnership - (Change of Partners and Other Amendments), Dissolution of Partnership; FOREIGN CORPORATION: Amendment of License/Conversion of License of Foreign Corporations, Change of Resident Agent, Withdrawal of License, Amendment - Registration Statement/Prospectus, Amendment on the Registration Statement and Prospectus
  • Your online application for a Business Name (BN) is subject to the Terms and Conditions set forth under the REVISED IMPLEMENTING RULES AND REGULATIONS OF ACT 3883, AS AMENDED, OTHERWISE KNOWN AS THE BUSINESS NAME LAW
  • It is the responsibility of the applicant to ensure that the proposed Business Name meets certain criteria
  • Criteria for business name
    • Not a name or abbreviation of any nation, inter-governmental or international organization unless authorized by competent authority of that nation, inter-government and international organization
    • Not ordered or declared by administrative agencies/bodies or regular courts not to be registered
    • Not a name of other persons
    • Not deceptive, misleading or misrepresent the nature of my business
  • 15
  • Title Page Contents
    • Approval Sheet
    • Certificate of Originality
    • Acknowledgments
    • Table of Contents
    • List of Tables
    • List of Figures
  • Chapter 1 - Executive Summary
    1. Name and Logo of the firm
    2. Location
    3. Name and logo of the product
    4. Brief description of the product
    5. Project Summary
    6. Management Feasibility
    7. Market Feasibility
    8. Financial Feasibility
    9. Socio Economic Impact
  • Chapter 2 - Introduction
    1. Brief Background of the Study
    2. Project Proponents/ Management Team
    3. Nature of the Business
    4. Statement of the Problem
    5. Objectives of the Study
    6. Significance of the Study
    7. Scope and Limitation of the Study
    8. Project Schedule
  • Chapter 5 - Management Aspects
    1. Company Name
    2. Project Name
    3. Form of Business
    4. Management Proposal/ or Business Model
    5. Partner’s Contribution
    6. Organizational Chart
    7. Company Objectives
    8. Vision Statement
    9. Mission Statement
    10. Personnel/ Manpower Requirements
    11. Salaries and Wages
    12. Compensation Scheme
    13. Organizational Policies and Regulations
    14. Management Forms and Records
  • Chapter 6 - Marketing Aspects
    1. General Market Description
    2. Target Market
    3. Demand
    4. Supply
    5. Suppliers
    6. Alternative Suppliers
    7. Competitive Advantage
    8. Date Presentation of Survey
    9. Product
    10. Product Category
    11. Branding
    12. Packaging
    13. Pricing
    14. Place of Distribution
    15. Promotion
  • Chapter 7 - Technical Aspects
    1. Product Description
    2. Production Process
    3. Ingredients
    4. Preparations Procedure
    5. Store Location
    6. Store Size and Lay out
    7. Equipment and Supplies
    8. Depreciation Expense
    9. Cost of Raw Materials
    10. Utilities
    11. Product Costing
    12. Labor Requirements
    13. Estimated and Overhead Cost
    14. Waste Disposal
  • Chapter 8 - Socio Economic Aspect
    1. Political Factors
    2. Economic Factors
    3. Social Factors
    4. Technological Factors
  • Chapter 9 - Financial Aspect
    1. Pre-operating Expense
    2. Pre-operating Trial Balance
    3. Journal Entries
    4. Trial Balance
    5. Cash Flow Statement
    6. Income Statement for Five Years
    7. Partner’s Equity
    8. Partner’s Equity for Five Years
    9. Balance Sheet
    10. Schedules
  • Financial Schedules
    • Schedule 1: Salaries and Wages
    • Schedule 2: Raw Materials
    • Schedule 3: Machineries and Equipment’s
    • Schedule 4: Rent
    • Schedule 5: Taxes and Licenses
    • Schedule 6: Sales
    • Schedule 7: Marketing Expense
  • Bibliography
  • Appendices
  • Curriculum Vitae