Foreign Ownership corporation Philippines | Foreign Owned Company in Philippines | Philippines Business Registration (2024)

Foreign investors usually have the same rights as Filipino citizens and must register their businesses with the Securities and Exchange Commission (SEC) (corporation, partnership, branch office or representative office) or with the Department of Trade and Industry’s Bureau of Trade Regulation and Consumer Protection (sole proprietorship). Foreign ownership of corporations is defined in the Corporation Code of the Philippines. The Foreign Investment Act (R.A. 7042, 1991, amended by R.A. 8179, 1996) liberalized the entry of foreign investment into the Philippines.

Businesses with Foreign Investment Restrictions

Within the 1991 Foreign Investment Act (FIA) there are two negative lists also knownas the “Foreign Investment Negative List” which defines the foreign investments which are limited or restricted by the constitution and specific laws. Negative List A & Foreign ownership is limited for reasons of security, defense, risk to health and morals and protection of small and medium scale enterprises. Negative List B

Domestic Corporations (subsidiary)

A registered company with at least 60% Filipino ownership is considered as having Philippine nationality; if more than 40% foreign-owned, it is considered a foreign owned domestic corporation.

More than 40% and up to 100% foreign ownership of a Domestic Market Enterprise is allowed as long as the paid-in capital is a minimum of USD 200,000.00. Employing a minimum of 50 direct employees or using advanced technology may allow a paid-in capital of less than USD 100,000.00 (R.A. 7042 as amended by R.A. 8179).**

Retail Trade Enterprises

100% foreign ownership is allowed for Philippine retail trade enterprises: (a) with paid-up capital of USD 2,500,000.00 or more provided that investments for establishing a store is not less than USD 830,000.00; or (b) specializing in high end or luxury products, provided that the paid-up capital per store is not less than USD 250,000.00 (Sec. 5 of R.A. 9762). No foreign equity is allowed in Retail Trade Enterprises with less than the above mentioned capital.

Export Businesses

An export enterprise is defined as a business who exports at least 60% of its output.
Export Business Enterprises may be 100% fully foreign owned and may file with the SEC for an exemption of the paid-up capital requirement of USD 200,000.00.
KPO, BPO, Back Office, IT, Web Development and call centers are all considered Philippines Export Enterprises.

** Unless otherwise indicated in the Philippine Foreign Investment Negative List

Foreign ownership of land in the Philippines

Foreign Ownership corporation Philippines | Foreign Owned Company in Philippines | Philippines Business Registration (2024)

FAQs

What is the rule on foreign ownership on corporations in the Philippines? ›

Foreign investments in the Philippines

Anyone, regardless of nationality, can invest in the Philippines with up to 100% equity. A business with 60% Filipino equity is considered a Philippine company, while one with more than 40% foreign equity is considered a foreign-owned domestic company.

How to register a foreign-owned company in the Philippines? ›

Business registration for a foreigner in the Philippines
  1. Step 1: Choose the Business Structure. ...
  2. Step 2: Secure an Alien Employment Permit (AEP) ...
  3. Step 3: Register with the Securities and Exchange Commission (SEC) ...
  4. Step 4: Obtain Tax Identification Number (TIN) ...
  5. Step 5: Mayor's Permit and Business License.
Oct 14, 2023

Can a foreign corporation do business in the Philippines? ›

Licensed foreign corporations is authorized to do business in the Philippines shall continue to have such authority under the terms and condition of its license, subject to the provisions of the Code and other special laws. Section 125. Application for a license.

What business can a foreigner own in the Philippines? ›

Export Businesses

Export Business Enterprises may be 100% fully foreign owned and may file with the SEC for an exemption of the paid-up capital requirement of USD 200,000.00. KPO, BPO, Back Office, IT, Web Development and call centers are all considered Philippines Export Enterprises.

Can a US citizen have a business in the Philippines? ›

As a rule, foreign individuals, corporations or other entities are allowed to engage in business in the Philippines, except in activities or industries that are reserved for Filipino citizens, as provided in the Constitution and existing legislation.

Can a foreign corporation doing business in the Philippines without a license may be sued but it Cannot sue? ›

- No foreign corporation transacting business in the Philippines without a license, or its successors or assigns, shall be permitted to maintain or intervene in any action, suit or proceeding in any court or administrative agency of the Philippines; but such corporation may be sued or proceeded against before ...

Can a non Filipino citizen own a business in the Philippines? ›

Yes, foreigners can start a business in the Philippines, and the country welcomes foreign investors and entrepreneurs. However, there are certain restrictions and guidelines to follow that have been discussed below: Business Ownership: Foreigners can own up to 100% of certain types of businesses in the Philippines.

Do foreign business owners pay taxes in the Philippines? ›

Resident foreign corporations (i.e. foreign corporations engaged in trade or business in the Philippines through a branch office) are taxed in the same manner as domestic corporations (except on capital gains on the sale of buildings not used in business, which are taxable as ordinary income), but only on Philippine- ...

Can a foreign company open a bank account in the Philippines? ›

Bank account assistance for expats

FilePino makes it easy for expats and foreign companies who are doing business in the Philippines open a personal or corporate bank account. Our consultants will help you identify a trustworthy bank with great client service, allowing you to have hassle-free bank transactions.

What is needed before a foreign corporation can register a branch office here in the Philippines? ›

The head office of the foreign corporation must submit the necessary documentation to prove its legal existence in its country of origin, its financial soundness, and its authorization to set up a branch in the Philippines.

What are the conditions before a foreign corporation may be considered a Philippine national? ›

Philippine national shall mean a citizen of the Philippines or a domestic partnership or association wholly owned by the citizens of the Philippines; or a corporation organized under the laws of the Philippines of which at least sixty percent (60%) of the capital stock outstanding and entitled to vote is owned and held ...

Can I open a business in Philippines while abroad? ›

"Yes, it is possible," shares Janice, head of Permitly Philippines. "There is a misconception that it is required to be physically present to open a business. However, one simply needs to make sure the proper forms, documentation and payments are made even when from abroad." If you have an active account, log in here .

Can a foreigner own a 100% of a corporation in the Philippines? ›

Foreign nationals can own as much as 100% equity of a domestic enterprise if the business activities that the enterprise will engage in are not included in the FINL and the company's paid-up capital is at least US$200,000.

What business activities do not allow foreign ownership in the Philippines? ›

The Philippine Constitution and other relevant laws impose restrictions on the foreign ownership of certain industries, including media, education, retail trade, public utilities, and land ownership. These restrictions are in place to protect national interests, promote local businesses, and ensure economic stability.

How to set up a foreign company in the Philippines? ›

Required Documents for a Foreign Corporation to Obtain a License to Operate
  1. Foreign Investment Application Forms. ...
  2. Proof of Inward Remittance by parent company (except for Branch/Representative Office of Non-Stock Foreign Corporations)
  3. Authenticated Board Resolution authorizing establishment of office in the Philippines.

Can a foreigner own a one person corporation in the Philippines? ›

*A foreign natural person may set up an OPC but is subject to limitations in areas of investment partially or wholly restricted from foreign participation or as specified in the Foreign Investment Negative List (FINL).

What is the law about foreign investors in the Philippines? ›

What is the Philippines' Foreign Investment Act? Republic Act No. 7042, also known as the “Foreign Investments Act of 1991,” is a law regulating foreign investments in the Philippines. The act allows foreign investors to invest up to 100% equity in domestic market enterprises, but also sets restrictions.

What is the maximum percentage of foreign ownership in the Philippines? ›

Foreign investment in domestic market enterprises. Non-Philippine nationals may own up to one hundred percent (100%) of domestic market enterprises unless foreign ownership therein is prohibited or limited by the Constitution existing law or the Foreign Investment Negative List under Section 8 hereof.

Can a dual citizen own a corporation in the Philippines? ›

Once you acquire dual citizenship, you have the following rights in the Philippines: Right to vote in Philippine national and local elections (provided you also qualify under the overseas voting law) Right to own land and property. Right to engage in business.

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