필리핀에 건설회사를 설립하고 건물을 임차하여 사업을 하려고 하는 한국 의뢰인으로부터 법률자문을 받고 ChatGPT로 다음과 같이 물어보았습니다.
질문 1: A foreigner intends to establish a corporation in the Philippines and lease a commercial building for business. Please list legal requirment and restrictions.
질문 1: A foreigner intends to establish a corporation in the Philippines and lease a commercial building for business. Please list legal requirment and restrictions.
2. 질문 2: If the company to be established is a construction company, what are the legal requirements and restrictions?
3. 질문 3: What is the number of foreign workers in construction company required by Philippine law?
대답은 다음과 같습니다. 필리핀 법을 전혀 모르는 저의 입장에서는 짧은 시간에 필리핀 법을 리서치하고 요약해주어서 도움이 되었습니다. 보다 정확한 답을 얻기 위하여는 질문을 순차적으로 세밀하게 잘 구성하여야 될 것 같습니다. 질문을 얼마나 잘 하느냐가 좋은 답을 얻는 핵심이라고 보입니다.
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대답은 다음과 같습니다. 필리핀 법을 전혀 모르는 저의 입장에서는 짧은 시간에 필리핀 법을 리서치하고 요약해주어서 도움이 되었습니다. 보다 정확한 답을 얻기 위하여는 질문을 순차적으로 세밀하게 잘 구성하여야 될 것 같습니다. 질문을 얼마나 잘 하느냐가 좋은 답을 얻는 핵심이라고 보입니다.
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A foreigner intends to establish a corporation in the Philippines and lease a commercial building for business. Please list legal requirment and restrictions.
Sure, here are some legal requirements and restrictions for a foreigner who intends to establish a corporation in the Philippines and lease a commercial building for business:
Legal Requirements:
- Obtain a Foreign Investment Negative List (FINL) from the Philippine Government: The FINL lists down the industries that are either partially or fully closed to foreign investment in the country. It is essential for the foreign investor to check the FINL before proceeding with the establishment of the corporation.
- Register the Corporation with the Securities and Exchange Commission (SEC): The investor must file the necessary documents with the SEC to register the corporation.
- Obtain Business Permits: The corporation must secure business permits and licenses from the appropriate government agencies before it can operate legally.
- Secure Tax Identification Number (TIN): The corporation must secure a TIN from the Bureau of Internal Revenue (BIR) to be able to pay taxes.
Restrictions:
- Limitations on foreign ownership: Depending on the industry, there are certain limitations on the percentage of foreign ownership in a corporation. For example, foreign ownership in advertising agencies is limited to 30%.
- Lease Restrictions: The foreign investor must ensure that the lease agreement complies with the Philippine law. For example, the term of the lease agreement must not exceed 50 years.
- Employment of Foreign Nationals: The corporation must obtain the necessary permits for foreign nationals to work in the Philippines. The number of foreign employees must also comply with the law.
- Land Ownership: Under the Philippine Constitution, foreigners are prohibited from owning land in the country. However, a foreign corporation may lease land for a period not exceeding 50 years, with an option to renew for another 25 years.
It is recommended that the foreign investor consult with a legal expert in the Philippines to ensure compliance with all the necessary legal requirements and restrictions.
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If the company to be established is a construction company, what are the legal requirements and restrictions?
If the company to be established is a construction company, here are some legal requirements and restrictions that the foreign investor needs to consider in the Philippines:
Legal Requirements:
- Register the corporation with the Securities and Exchange Commission (SEC): The investor must file the necessary documents with the SEC to register the construction company as a corporation.
- Secure a Contractor's License: The construction company must secure a contractor's license from the Philippine Contractors Accreditation Board (PCAB) to be able to undertake construction projects in the country.
- Obtain Building Permits: The construction company must secure building permits from the local government unit where the construction will take place.
- Register with the Bureau of Internal Revenue (BIR): The construction company must register with the BIR and secure a Tax Identification Number (TIN) to be able to pay taxes.
Restrictions:
- Limitations on foreign ownership: The Foreign Investment Negative List (FINL) specifies the maximum allowable foreign equity in construction companies. As of 2021, foreign equity in construction companies is limited to 40%.
- Employment of Foreign Nationals: The construction company must obtain the necessary permits for foreign nationals to work in the Philippines. The number of foreign employees must also comply with the law.
- Compliance with Philippine Laws: The construction company must comply with all applicable Philippine laws, including labor laws, safety standards, and environmental regulations.
- Subcontracting Restrictions: Foreign-owned construction companies are not allowed to engage in subcontracting activities in the country.
In addition, construction companies are subject to various regulations and requirements depending on the nature and scope of their projects. It is recommended that the foreign investor consult with a legal expert in the Philippines to ensure compliance with all necessary legal requirements and restrictions.
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What is the number of foreign workers required by Philippine law?
The number of foreign workers allowed by Philippine law varies depending on the industry and the type of work. The Philippine government regulates the employment of foreign nationals in the country through the issuance of work permits and visas.
For most industries, the number of foreign workers that a company can employ should not exceed 20% of its total workforce. However, there are certain industries and occupations where the limit is lower, and some that are restricted from employing foreign workers altogether.
For example, in the construction industry, the maximum foreign ownership of construction firms is 40%, and the employment of foreign workers is only allowed for highly technical positions that require skills not available locally. Meanwhile, in the retail and trade sectors, the employment of foreign nationals is limited to executive or managerial positions.
It is important to note that the employment of foreign nationals in the Philippines is subject to various requirements and restrictions, including obtaining the appropriate work permits and visas, and complying with minimum wage and other labor standards.
It is recommended that the employer consult with the Philippine government and seek the assistance of legal experts to ensure compliance with all necessary regulations and requirements related to the employment of foreign nationals.
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What is the number of foreign workers in construction company required by Philippine law?
The number of foreign workers that a construction company can employ in the Philippines is subject to certain limitations and requirements under the law.
The maximum allowable foreign equity in construction companies is 40%, as provided under the Foreign Investment Act of 1991. However, the employment of foreign workers is restricted to technical and supervisory positions that cannot be filled by local workers.
The Department of Labor and Employment (DOLE) requires construction companies to obtain an Alien Employment Permit (AEP) before hiring foreign workers, regardless of the number. The AEP is issued by the DOLE to foreign nationals who will be working in the Philippines and certifies that their employment will not adversely affect the local employment and that they will comply with Philippine laws and regulations.
The DOLE also requires construction companies to submit a Project Completion Report (PCR) upon the completion of the project. The PCR should include the list of all foreign workers employed in the project and their corresponding AEPs.
It is important to note that the number of foreign workers that a construction company can employ should not exceed the percentage allowed by law and should be limited to technical and supervisory positions that cannot be filled by local workers. The company must also comply with all applicable laws and regulations related to the employment of foreign workers in the Philippines.
It is recommended that the construction company consult with legal experts and seek the guidance of the Philippine government to ensure compliance with all necessary regulations and requirements related to the employment of foreign workers.