Business Counselling

The firm advises clients on the types of ownership structure and what is best suited to a particular business or project. These include structuring the company as a corporation, partnership, branch, representative office, subsidiary or an unincorporated joint venture. Nationality requirements, tax considerations, management control and limitation of shareholders’ liability are among the factors generally considered in business counseling.

Services in this area include (i) preparation of the constitutional or charter documents of the proposed company, (ii) registration of the company with the Securities and Exchange Commission, Bureau of Domestic Trade and Consumer Protection, Department of Trade and Industry, Bureau of Internal Revenue, Social Security System and other agencies.

This covers, among others, obtaining and updating the company’s business and tax permits and municipal licenses from various government agencies and preparation and filing of regular financial and management reports required by government agencies.

The firm assists foreign companies in establishing a legal presence in the Philippines, via representative offices, regional operating headquarters, branches and subsidiaries, as well as in the preparation of contracts and other arrangements, such as but not limited to licensing and consultancy agreements, to promote and protect their foreign investments.

The firm advises clients on the protection of their debt and equity investments in financially distressed companies. The firm handles loan and equity restructurings as counsel for the borrower or the creditors and advises clients on all issues, including the legalities of foreclosure and other modes of security enforcement, insolvency, suspension of payments, receivership, rehabilitation and similar proceedings.