F.A.Q.
We are a foreign company and wanted to setup a back office operations in Philippines, can we incorporate a domestic company?
Yes, you may incorporate a domestic company. You can either incorporate a one-person corporation or a regular corporation with less than five stockholders and directors. Your foreign company can also be a stockholder and incorporator of this domestic company. You may also consider other options like registering your foreign company as a Branch Office or Representative Office.
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Is there a legal way to avoid the inward remittance requirement of US$200,000.00?
Yes. Granting that your business operation will qualify as an Export Market Enterprise, you may submit an application to do business under the Foreign Investment Act as an Export Market Enterprise. You need not remit US$200,000.00 if your application is approved. This is also true if you will be incorporating a foreign-owned local company.
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We would like to inquire if Foreign Banks are allowed to operate in Philippines?
Yes. We have Republic Act 10641 which was approved on July 15, 2014. This law allows the Monetary Board of the Bangko Sentral ng Pilipinas to authorize foreign banks to operate in the Philippine banking system through any one of the following modes of entry: (i) by acquiring, purchasing, or owning up to one hundred percent (100%) of the voting stock of an existing bank; (ii) by investing in up to one hundred percent (100%) of the voting stock of a new banking subsidiary incorporated under the laws of the Philippines; or (iii) by establishing branches with full banking authority.
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My son was charged for illegal drugs and no bail was recommended. Can we still request for bail?
Yes. You can still Petition the Court to set the amount of bail on the ground that the evidence against your son is not strong. The Court will conduct a hearing on your Petition and the prosecution will be given its day to prove that the evidence against your son is strong. The Court usually grants the Petition for Bail if the evidence of the prosecution is weak.
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I am a registered sex offender in the US and was recently barred entry into the Philippines, can you help me?
We can probably assist you. But first of all, we have to let you know that the Commissioner of the Bureau of Immigration does not have the authority to Lift your name on the immigration blacklist. Letter Requests and Petitions for Lifting for registered sex offenders filed at the Bureau of Immigration will be dismissed outright. The only legal remedy which is available under your present circumstance is to file a formal Petition at the Office of the Secretary of the Department of Justice and request for the approval of the lifting of your name in the immigration blacklist.
Please check out our related advisory on Lifting of Blacklist on our Homepage.
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Can i file a Petition for Nullity of Marriage though I am working abroad?
Yes, you can file the Petition for Nullity of your marriage and the law does not prohibit you from filing the Petition just because you are working abroad. You may sign the Petition and have it notarized and Apostille, if the Apostille is applicable. You may also go to the nearest PH Embassy and have it notarized and the Petition can be filed in the Regional Trial Court without your presence.
The latest Circulars of the Supreme Court also allows you and your witnesses to testify remotely or through videoconferencing with the approval of the Court. This makes it more convenient for you because you need not go home anymore to testify in Court.
Please check out our related advisory on Nullity of Marriage on our Homepage.
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