Thank you, Atty. It's very convenient when you give a review of a particular topic you already covered in previous episodes. Tumatatak po kasi sir kapag nauulit. ☺️
Thank you attorney for this video. I have always been watching your videos to review my subjects before taking my exams. I have an upcoming final exam in BUSORG2 next week and I am here to affirm my comprehension with these topics. Good day!
Thanks for the knowledge, I was really looking a business type that your personal assets are protected, in the other countries they have LCC and S-corp or C-Corp.
Is there any issue if the authorized capital stock for OPC stated is 1M then the paid amount is 250K? What would be the implication of this statement with SEC and othe gov’t agency such ad BIR?
Same as with regular Corp. For SEC and BIR, no effect. It will only matter for investors, who will see that despite the ACS of the Corp, its capital is only 250k in reality.
Hello, you may request a paid online consultation by sending an email to attypaolojavier@gmail.com during office hours to inquire about the rates. Thank you
Question attorney what if a dummy as a treasurer of a corporation being arrested because the corporation doesn't pay taxes. Like what you said the owner just get their drivers or maids.
Hello, mukhang pwede naman, hindi naman pinagbawal ng batas. Kailangan lang siguro mag comply sa ibang mga requirements ng regulatory agency nyo. Kung nais nyo po mag consult, maaari kayong magpadala ng email sa attypaolojavier@gmail.com. Salamat
Thanks for the video Attorney. Given that licensed professionals cannot form an OPC for the purpose of exercising their profession with the exception of special laws, I would just like to ask if architects can form an OPC. The Architecture Act of 2004 (RA 9266) allows for architects to form corporations. Is this also applicable to OPC? Thank you.
Hello, preliminarily, I would say that you just have to follow the rules prescribed in The Architecture Act. If you would like us to study this for you, or if you would like to engage the services of our firm, you may send an email to attypaolojavier@gmail.com during office hours. Thank you
Hello, you can just use simple words, like "To engage in, conduct, and carry on the business of (blank)". Should you have further questions, you may request a paid online consultation by sending an email to attypaolojavier@gmail.com during office hours to inquire about the rates and other details. Thank you!
Hindi naman sa bawal, pero yung investment ay hindi pwede ibigay na ang kapalit ay stocks sa OPC. Kasi sa OPC, iisa lamang ang stockholder. Kung magkakaroon ng ibang stockholder, mag convert nalang ang OPC to regular Corp. Pero hindi naman bawal mag invest ang friends/family, iba lang siguro ang makukuha nila for the investment, basta hindi stock or any other form of proportionate ownership sa OPC. Opinion ko lamang ito, at maaaring mabago ito ng SEC o ng SC sa future.
Hello. Well, a reading of the law will reveal that there is no express prohibition in that regard; and from my understanding, the functions of the two are not necessarily incompatible. In case the secretary assumes the functions of the nominee, then most likely a new secretary must fill the vacancy created. That said, I could be wrong, especially since this is a new area. It would be best to ask for an opinion from the SEC or wait until the SC rules upon an issue on that matter. Thank you
Atty. medyo nalalabuan po ako sa Section 128. That does mean na dahil one person corporation at One person lang ang stockholder a meeting will be impossible, if there an action needed on any matter, is mag preprepare nilang ng written resolution si Single stock holder, signed and written by the latter, and recorded in the minutes book of the one person corporation. Tama po ba pagkantindi ko Atty?
Subject to restrictions in law, a joint venture would be a better arrangement. Should you have further questions, you may request a paid online consultation by sending an email to attypaolojavier@gmail.com during office hours to inquire about the rates and other details. Thank you
Section 121. Single Stockholder as Director, President. - The single stockholder shall be the sole director and president of the One Person Corporation.
I advise against it because there are some particular duties of the corporate secretary that are incompatible with the duties of the nominee and alternate nominee, and vice versa. However, you may wish to request an opinion from the SEC, as they are the most qualified to settle this matter without having to go to court.
@@AttyJavierLawVlog thanks atty. Just thinking about it and shoot the question before finishing the video I got to understand why after viewed till the end.
What in particular don't you understand? Have you tried studying? Are you expecting a special, private lecture just for you? Ako ba ang on deck sa recitation?
Hello. Do you mean the bond that the treasurer must give? If yes, then most likely a professional liability bond. Please be reminded that asking questions falls under a paid service. You may request a paid online consultation by sending an email to attypaolojavier@gmail.com during office hours to inquire about the rates and other details. Thank you
Hello. Are you a student? Take note that the questions I may entertain are only those complicated ones that require analysis, and not those objective ones such as this which can be answered simply by studying. If you are not a student, you may request a paid online consultation by sending an email to attypaolojavier@gmail.com during office hours to inquire about the rates. Thank you
I would like to ask if an OPC can acquire or own shares of another domestic corporation? Also, can two or more OPC entities able to incorporate a domestic corporation? Thanks.
In theory, yes to both. But for the latter, it is best to have natural persons as well. Incorporation will always be subject to compliance with the basic rules. Should you have further questions, you may request a paid online consultation by sending an email to attypaolojavier@gmail.com during office hours to inquire about the rates and other details. Thank you
@AttyJavierLawVlog Thank you for the clarification. Can I also ask again? May I know if the stockholder of the OPC is personally sued not relating to the business operation of his OPC, can the creditors go after the assets of his OPC? Thanks.
Hi Atty. How about conversion of OPC to Regular Corporation. Owner na but need lang add no need to purchase stocks, hindi lang ginawa regular kasi conflict sa work kaya un partner muna ang gumawa ng OPC then convert nalang moving forward?
Kindly rephrase your question. What are you trying to ask? Also, it seems like you are requesting a paid service, and it would be better if you request a paid online consultation by sending an email to attypaolojavier@gmail.com during office hours. Thank you
Good day attorney. Kapag puba lisensyado as OPC ang isang negosyo pwede pa puba ito magtayo pa nang ibang negosyo under sa renihistrong naunang negosyo po? Salamat Godbless.
@@AttyJavierLawVlog may isang kompanya kase po nagooffer ng Joint venture po. Consultancy po kase yun pero yung back bone na kompanya ng consultancy is registered as OPC po. Pero itong consultancy wala po ako mahanap sa sec ng name nila po pero sure ako na iisa lang may ari nun po. So hinde po lalabas na investment ang dating bale magiging Lending po sya bale ako magpapautang sa consultancy po. Legal po na yan Attorney.
Atty, hello po...meron po kaming resto ng kaibigan ko...dalawa lang po kami nag sosyo..possible ba na iregister namin sa SEC ang busines namin kahit dalawa lang kami at walang board members..
Possible po. If you would like assistance on this matter, we offer this service. If you have more questions, you may request a paid online consultation by sending an email to attypaolojavier@gmail.com during office hours. Thank you
taking. Magkano po fee ng Demand Letter? I have business there in the Philippine r and na mis managed sa brother ko. He will not turn over the Cash. Ano po ideal gawin, pa Audit po or Send a Demand letter? Sino po mag deliver ng Demand letter immediately in foreign country. Thank you po!
Please send an email to attypaolojavier@gmail.com during office hours. It is currently 9:37pm here, and this is not the appropriate forum to conduct legal consultation. Best if it is done privately through email, unless you want the whole world to be able to read your problems. Remember, youtube comments are PUBLIC. If you are concerned about your privacy, kindly delete your comment. I do not assume any liability from your disclosure. Thank you
Hi, Atty. Clarification re: reportorial reqs. Below P600k - Treasurer and President’s certification of annual FS will suffice (no need for an independent CPA) P600k and up - Must be an Audited FS by a CPA Thanks.
Hello po nagreregister po ako ng Non-stock Corporation | Corporation Sole, nais ko po sana magkaroon ng impormasyon tungkol doon.. Sana po mag upload po kayo ng video tungkol doon.. Salamat po.. ^_^
ir patulong nmn po .. my nakita po akong certificate of the capital stock ng mama ko noong 1975 pa ung date na nkalagay .MERCANTILE SAVINGS and loan association .. authorized by central bank of the philippines ..pano kya to sir nkapangalan po xa sa mama ko ,patay na po mama ko e dti xang teacher ,luma nnga po ung certificate e my punit na pero nbabasa pa nmn po .hope mtulungan nio po ako sir
Hi Attorney, question po. Incase nung nag-apply for certificate of registration, naka self-appointed treasurer, but the owner changed her mind immediately after registration, ichachange po sana to appointment of another person na lang. Pwede po ba yun?
Assuming your question pertains to One Person Corporations, then yes, it is possible, but only if they first comply with all the requirements all over again, such as the bond and the written undertaking submitted to the SEC. This is subject to any future opinion the SEC may render or ruling from the Supreme Court. Should you have further questions, you may request a paid online consultation by sending an email to attypaolojavier@gmail.com during office hours. Thank you
Hello, any requirement in addition to those provided for in the Revised Corporation Code will depend on the nature of your business and the respective regulatory agency. If you wish to discuss this further, please send me an email at attypaolojavier@gmail.com. Thank you
Hi, your questions involve actual work. If you would like to engage our firm for consultation, please send me an email at attypaolojavier@gmail.com. Thank you.
Thank you for this info Atty. regarding po sa name ng opc pwede rin po ba lagyan ng company? For example: ABC Trading Company Opc. Thank you po Atty. 👏🏻
Hi, tulad ng sabi ko sa ibang nag-request, malabo po na gumawa ako ng tagalog version. Una po, para po sa mga studyante ko talaga ito, at ginawa ko lang accessible sa ibang gusto manood sa Pilipinas. Pangalawa, dahil para sa studyante ito, kailangan nasa Inggles, dahil ang batas, ang exam sa school, at ang board at Bar exam ay nasa Inggles. Pangatlo, hindi lang po ito ang trabaho ko po. Ginagawan ko lang po ng oras ito, at mukhang di na po sapat ang oras ko kung gagawa ako dalawang version ng video. Pasensya na po, at maraming salamat po sa pagtangkilik.
Hello, you will have to check associated laws, such as those on the practice of the engineering profession, for restrictions on putting up an engineering profession. If you wish to consult, you can send me an email at attypaolojavier@gmail.com. Thank you
Just a feedback, I wish this was explained further :( Maybe more practical examples? I really wanted to know more about OPC but nakakaoverwhelm kasi yung legal terms used in this video and I get anxious listening to it :( I feel like I'm still just reading about it.
Good afternoon po atty. Plan po namin mag sub dealer ng motor vehicle pwede po ba yan sa OPC ng esparc? Ano po ba pipiliin namin ESPARC or REGULAR PROCESSING? thank you
Hello, in general, pwede naman na ESPARC nalang kung mag incorporate. Pero sa sitwasyon nyo, depende kasi sa iba ibang factors kaya di ko masagot ng diretso. Kung nais nyo po na pag aralan ang sitwasyon nyo at maabisuhan kayo, maaari kayo mag request ng paid online consultation, magpadala lamang ng email sa attypaolojavier@gmail.com during office hours para malaman ang rates at iba pang mga detalye. Salamat po
Atty. I don't know if this is a stupid question. microbusiness lng po kasi ako. Paano po makakapag appoint ng secretary? Need po ba paid/with salary Ang secretary (family member)? Also, para walang bond, can I appoint my husband as treasurer and as the nominee.
Hello, due to the nature and number of queries, it is best if you request a paid online consultation by sending an email to attypaolojavier@gmail.com during office hours, or even better, hire a law firm on retainer to assist with the legal concerns of your business. Thank you
Hello, paid service po ito. Mas maganda po kung hire nyo po ang aming firm, nagpprovide po kami ng Incorporation service. Kung nais nyo po mag consult, maaari kayo mag request ng paid online consultation, magpadala lamang ng email sa attypaolojavier@gmail.com during office hours para malaman ang rates at iba pang mga detalye. Salamat po
Hello. Depende po, pero posible naman po siguro. Mas maganda po kung mag request kayo ng paid online consultation, magpadala lamang ng email sa attypaolojavier@gmail.com during office hours para malaman ang rates at iba pang mga detalye. Salamat po
Hello. To find out the rates for paid online consultations, you may send an email to attypaolojavier@gmail.com during office hours. Please do not send at night, as I need to rest too. Thank you
Atty. May question lang po ako regarding po sa anti bouncing check. What if po yung natanggap mong check na tumalbog is from non resident alien ganun pa rin po ba yung treatment sa kanya? Thanks po
Hi, kahit mag-comment ka dun sa video itself, mapapansin ko, don't worry. I am entertaining your question on the assumption that you are not a law student, and have therefore, not taken up criminal law. Under the principle of Generality of criminal laws, which is taken from Art. 14 of the Civil Code of the Philippines, "Penal laws and those of public security and safety shall be obligatory upon all who live or sojourn in the Philippine territory, subject to the principles of public international law and to treaty stipulations." Further, under the principle of Territoriality, generally, criminal laws undertake to punish crimes committed within the Philippine territory (see Reyes, The Revised Penal Code, 2012 Edition, Rex Bookstore - at Page 13 thereof). As such, provided the bounced check was issued, drawn, or made payable within the Philippines, the offender, even if a foreigner, may be held liable for violation of B.P. 22, since he committed the crime within the Philippines; and provided, further, that he does not fall under any of the exceptions to the principles of Generality or Territoriality. Thank you.
Thank you po atty.!! Btw Im a BSA student po and one of our major subject po ngayong online class is Business Law and I've been watching some of your videos po related to our subject and it really helps me a lot to understand more. Godbless po!
Hi Atty. Javier. I'm a software developer, I want to be able to release my own software platforms that my customers can subscribe to, I'm a one man team and I'm really not looking to create a billion dollar company at the moment, I'm just looking to get started with the aforementioned activity, would you suggest SEC OPC for me or DTI Sole Proprietary?
DTI mas okay imho kasi less compliance requirements. However, the disadvantage is that the liability of the business ay magiging personal liability mo din.
Random thought guys. Imagine you're married. So pwede ka mag form ng OPC. Then, yung OPC pwede mag-acquire assets funded by you. Feeling ko hindi na conjugal yung property kasi the OPC is not married to your spouse. Hahaha 😅
Yes, because remember, a corporation is an artificial being separate and distinct from the officers, directors, and stockholders. This principle applies to OPCs as well.
Hi, I explained it ah. No minimum. But depending on the nature of the business, you have to check if there are other laws that require a certain amount. If you wish to consult, you may send me an email at attypaolojavier@gmail.com during office hours. Huwag naman ganitong oras na 1am. Thank you
Hello, you may request a paid online consultation by sending an email to attypaolojavier@gmail.com during office hours to inquire about the rates. Thank you
Hi Atty Javier pwede po bang mgregister ang Former Filipino Citizen (Balikbayan) who resides abroad as a Filipino Single Stockholder Entity for Importation Business? Is Importation considered Trade Business?
Hello. Are you certain that you have already lost your citizenship? Did you apply for foreign citizenship? We may be able to assist you with your concern. Please send me an email at attypaolojavier@gmail.com
Hello po. Tulad po ng sabi ko sa ibang tao na may kaparehong tanong, pasensya na po at wala po. Ang mga video po na ito ay para talaga sa mga studyante ng law at ng accounting. Sa dahilan na ang kanilang exam sa school, sa Board, at sa Bar ay nasa Inggles, at dahil ang batas mismo ay nasa Inggles, kaya ang mga video ko po ay nasa Inggles din. Bukod po dito, hindi ito ang pangunahing trabaho ko; sa totoo lang ay nauubos ang oras ko sa pagiging abogado, at hinahanapan ko lang ng oras ang paggawa ng mga video na ito. Dapat nga po para lamang sa mga studyante ko ito, pero ginawa ko na Public para matulungan ang studyante sa buong Pilipinas, o di kaya ibang may gustong matuto. Sa makatuwid, wala po akong oras gumawa ng pangalawang version na tagalog. Pasensya na po. Maraming salamat po sa pagtangkilik.
Good day po! Malaking tulong po videos niyo Sir. Thank you thank you so much po 😁 Sir question po. Paano po mapprove ni sole stockholder na adequately financed yung opc and separate nga po from his person ang properties ng opc? May threshold po ba o certain standards ang SEC? Salamat po Sir. God Bless po.
You'll have to contact the SEC for that information. Personally, I haven't inquired yet, I have just explained in the video what is contained in the Revised Corporation Code on the matter.
Atty pwd po ba isang name. Iba2 na busines. Name example is abc trading sa makati is hardware cya pero gagamitin ko ulit sa las pinas ang abc trading sa lpg same sec
Kung same corporation opo. Ang abiso ko po ay mag-hire po kayo ng abogado na naka retainer para may matatanungan kayo kada buwan. Kung may tanong pa po kayo, maaari kayo mag request ng paid online consultation, magpadala lamang ng email sa attypaolojavier@gmail.com during office hours. Salamat po
Hello. As long as pasok po siya sa definition ng BMBE under RA 9178. Ayon sa RA 9178, "Barangay Micro Business Enterprise," hereinafter referred to as BMBE, refers to any business entity or enterprise engaged in the production, processing or manufacturing of products or commodities, including agro-processing, trading and services, whose total assets including those arising from loans but exclusive of the land on which the particular business entity's office, plant and equipment are situated, shall not be more than Three Million Pesos (P3,000,000.00) The Above definition shall be subjected to review and upward adjustment by the SMED Council, as mandated under Republic Act No. 6977, as amended by Republic Act No. 8289. For the purpose of this Act, "service" shall exclude those rendered by any one, who is duly licensed government after having passed a government licensure examination, in connection with the exercise of one's profession. Kung may tanong pa kayo, maaari kayo mag request ng paid online consultation, magpadala lamang ng email sa attypaolojavier@gmail.com during office hours. Salamat po
Haha mas mabuti po kung sa SEC kayo mismo mag inquire. Hindi ko kabisado lahat ng rates. Pero kung gusto nyo ng assistance sa paggawa ng OPC, padalhan nyo po ako ng email sa attypaolojavier@gmail.com. Salamat
Hiii Atty, Pwede po ba paki further explain anong TRUST AND ESTATE (as who can form an OPC) dito? For Trust: What do the SUBJECT MATTER mean here? also, for ESTATES: does this mean the beneficiaries of the dead person?
Hi, sorry, but this is not a priority at the moment. If you are a student, you can simply research, as you are not supposed to rely on spoonfeeding anyway. If you are not a student, you may request a paid online consultation by sending an email to attypaolojavier@gmail.com during office hours to inquire about the rates and other details. However, these terms refer to those particular concepts under the Civil Code. For trusts, it's governed by Chapter V of the Civil Code, arts. 1440 to 1457. Estates do NOT refer to the beneficiaries of the deceased, but rather the mass of properties, rights, and obligations left by the deceased that may be subject to distribution to the decedent's heirs upon the former's death. Good luck
You're making this so much easier for us...just like you're telling us a story. soothing and lively voice at the same time. Good job atty!
Good luck with your studies!
Thank you, Atty. It's very convenient when you give a review of a particular topic you already covered in previous episodes. Tumatatak po kasi sir kapag nauulit. ☺️
Thank you for your support. Good luck with your studies!
Thank you attorney for this video. I have always been watching your videos to review my subjects before taking my exams. I have an upcoming final exam in BUSORG2 next week and I am here to affirm my comprehension with these topics.
Good day!
Good morning atty. javier more power and God Bless
Thanks for this, Atty! Much needed video for my OPC soon!
Thank you Atty. Javier, your video educate me about OPC.
Thank you this is very informative atty.
Ckear and informative thank you atty
Thank you for the topic.
Salamat po sa mga videos Atty .very helpful po .. Sana may Philippine Cooperative Code soon hehe
Baka after SRC
Atty Eto kailangan ko. Salamat!!
Edit: ganda ng suit.
Lol salamat! Enjoy!
Thanks for the knowledge, I was really looking a business type that your personal assets are protected, in the other countries they have LCC and S-corp or C-Corp.
Regarding the question of a self-appointed treasurer for OPC, you might need to get surety bond insurance.
Atty. Javier will you upload Corporate Distress, Dissolution and Liquidation?
Yes, please just be patient.
Good day! Atty.javier,can OPC declare a dividend in their income if they can, Are they only subjected for 10% tax?
Is there any issue if the authorized capital stock for OPC stated is 1M then the paid amount is 250K? What would be the implication of this statement with SEC and othe gov’t agency such ad BIR?
Same as with regular Corp. For SEC and BIR, no effect. It will only matter for investors, who will see that despite the ACS of the Corp, its capital is only 250k in reality.
Hi atty. I want to ask if need po ba ACS if the owner has a newly constructed bldg worth 10M? Ho is the process f registration. Thanks
Hello, you may request a paid online consultation by sending an email to attypaolojavier@gmail.com during office hours to inquire about the rates. Thank you
Question attorney what if a dummy as a treasurer of a corporation being arrested because the corporation doesn't pay taxes. Like what you said the owner just get their drivers or maids.
You will have to prove that person was being used as a dummy. If this is an actual concern, it might be better for you to hire a lawyer.
Hello Sir, Good afternoon pwedi po bang pa-elaborate the SEC 130 of the Revised Code of Corporation. Thank you Sir!
Hello, pasensya na, I am not offering my services as a private tutor. Good luck with your studies
Salamat po atty for the OPC information..ask lng ako if vet. Doctor allowed ba sila na maging opc?keep safe po..
Hello, mukhang pwede naman, hindi naman pinagbawal ng batas. Kailangan lang siguro mag comply sa ibang mga requirements ng regulatory agency nyo. Kung nais nyo po mag consult, maaari kayong magpadala ng email sa attypaolojavier@gmail.com. Salamat
Thanks for the video Attorney. Given that licensed professionals cannot form an OPC for the purpose of exercising their profession with the exception of special laws, I would just like to ask if architects can form an OPC. The Architecture Act of 2004 (RA 9266) allows for architects to form corporations. Is this also applicable to OPC? Thank you.
Hello, preliminarily, I would say that you just have to follow the rules prescribed in The Architecture Act. If you would like us to study this for you, or if you would like to engage the services of our firm, you may send an email to attypaolojavier@gmail.com during office hours. Thank you
New subscriber here! Atty. , good day, can I ask only a single question how to make or write the primary purpose and secondary purpose? Thanks!
Hello, you can just use simple words, like "To engage in, conduct, and carry on the business of (blank)".
Should you have further questions, you may request a paid online consultation by sending an email to attypaolojavier@gmail.com during office hours to inquire about the rates and other details. Thank you!
Thank you very much!
Another subsciber here!
Thank you attorney. bawal po tumanggap ng investment from friends and family ang OPC?
Hindi naman sa bawal, pero yung investment ay hindi pwede ibigay na ang kapalit ay stocks sa OPC. Kasi sa OPC, iisa lamang ang stockholder. Kung magkakaroon ng ibang stockholder, mag convert nalang ang OPC to regular Corp.
Pero hindi naman bawal mag invest ang friends/family, iba lang siguro ang makukuha nila for the investment, basta hindi stock or any other form of proportionate ownership sa OPC.
Opinion ko lamang ito, at maaaring mabago ito ng SEC o ng SC sa future.
@@AttyJavierLawVlog thank you very much po Atty.Malaking tulong po ang mga videos nyo.
Atty. , can a non stock corporation be converted to OPC?
Atty. Can the appointed Sec be also the appointed nominee
Hello.
Well, a reading of the law will reveal that there is no express prohibition in that regard; and from my understanding, the functions of the two are not necessarily incompatible.
In case the secretary assumes the functions of the nominee, then most likely a new secretary must fill the vacancy created.
That said, I could be wrong, especially since this is a new area. It would be best to ask for an opinion from the SEC or wait until the SC rules upon an issue on that matter.
Thank you
Atty. medyo nalalabuan po ako sa Section 128. That does mean na dahil one person corporation at One person lang ang stockholder a meeting will be impossible, if there an action needed on any matter, is mag preprepare nilang ng written resolution si Single stock holder, signed and written by the latter, and recorded in the minutes book of the one person corporation.
Tama po ba pagkantindi ko Atty?
Yes
@@AttyJavierLawVlog Thank you po atty. Reporting po kasi namin heehehe
Can an OPC enter into a "partnership" with another OPC?
Subject to restrictions in law, a joint venture would be a better arrangement.
Should you have further questions, you may request a paid online consultation by sending an email to attypaolojavier@gmail.com during office hours to inquire about the rates and other details. Thank you
Sir, as regards Officers ng OPC, iba po ang Director sa President?
Section 121. Single Stockholder as Director, President. - The single stockholder shall be the sole director and president of the One Person Corporation.
Can we assign the alternate nominee as a corporate secretary or treasurer.
I advise against it because there are some particular duties of the corporate secretary that are incompatible with the duties of the nominee and alternate nominee, and vice versa. However, you may wish to request an opinion from the SEC, as they are the most qualified to settle this matter without having to go to court.
@@AttyJavierLawVlog thanks atty. Just thinking about it and shoot the question before finishing the video I got to understand why after viewed till the end.
Hi atty, pwede po pa explain kung anong ibig sabihin ng article 1834 in partnership. Thankyou Godbless!!
What in particular don't you understand? Have you tried studying? Are you expecting a special, private lecture just for you? Ako ba ang on deck sa recitation?
Pwede mag tanong? ano pong type ng surety bond ang para sa OPC?
Hello. Do you mean the bond that the treasurer must give? If yes, then most likely a professional liability bond.
Please be reminded that asking questions falls under a paid service. You may request a paid online consultation by sending an email to attypaolojavier@gmail.com during office hours to inquire about the rates and other details. Thank you
Can the nominee be the corporate secretary and treasurer at the same time?
Hello. Are you a student? Take note that the questions I may entertain are only those complicated ones that require analysis, and not those objective ones such as this which can be answered simply by studying.
If you are not a student, you may request a paid online consultation by sending an email to attypaolojavier@gmail.com during office hours to inquire about the rates. Thank you
I would like to ask if an OPC can acquire or own shares of another domestic corporation? Also, can two or more OPC entities able to incorporate a domestic corporation? Thanks.
In theory, yes to both. But for the latter, it is best to have natural persons as well. Incorporation will always be subject to compliance with the basic rules.
Should you have further questions, you may request a paid online consultation by sending an email to attypaolojavier@gmail.com during office hours to inquire about the rates and other details. Thank you
@AttyJavierLawVlog Thank you for the clarification. Can I also ask again? May I know if the stockholder of the OPC is personally sued not relating to the business operation of his OPC, can the creditors go after the assets of his OPC? Thanks.
Generally, no. But it depends on a case to case basis
Hi Atty. How about conversion of OPC to Regular Corporation. Owner na but need lang add no need to purchase stocks, hindi lang ginawa regular kasi conflict sa work kaya un partner muna ang gumawa ng OPC then convert nalang moving forward?
Kindly rephrase your question. What are you trying to ask? Also, it seems like you are requesting a paid service, and it would be better if you request a paid online consultation by sending an email to attypaolojavier@gmail.com during office hours. Thank you
Hi Atty. How much is the cost of the bond usually if the single shareholder opt to be the treasurer?
Please inquire at the SEC. Sorry, I do not have that information 😔
Good day attorney. Kapag puba lisensyado as OPC ang isang negosyo pwede pa puba ito magtayo pa nang ibang negosyo under sa renihistrong naunang negosyo po? Salamat Godbless.
Generally hindi po. Kung ano lang ang primary or secondary purpose na nakasulat sa articles of incorporation, yan lang po pwede gawin. Salamat po
@@AttyJavierLawVlog may isang kompanya kase po nagooffer ng Joint venture po. Consultancy po kase yun pero yung back bone na kompanya ng consultancy is registered as OPC po. Pero itong consultancy wala po ako mahanap sa sec ng name nila po pero sure ako na iisa lang may ari nun po. So hinde po lalabas na investment ang dating bale magiging Lending po sya bale ako magpapautang sa consultancy po. Legal po na yan Attorney.
Hello mukhang kailangan aralin to ng masinsinan. Please send me an email at attypaolojavier@gmail.com. Thank you
@@AttyJavierLawVlog may bayad po ba? Haha im just having a due dilligence lang po about dun po. 😅😅 sige po pm you po
Good morning Atty. Ilan pong hectares of agiricultural land ang allowed Na pag aari ng corporation Sa pilipinas
Salamat po in advance
Hello. If you would like to book a paid consultation, you may email me at attypaolojavier@gmail.com. Thank you.
Are these rules apply in Ontario Canada?
Hi, sorry, no. This is Philippine law, and these videos are meant for Philippine students 😊
Atty, hello po...meron po kaming resto ng kaibigan ko...dalawa lang po kami nag sosyo..possible ba na iregister namin sa SEC ang busines namin kahit dalawa lang kami at walang board members..
Possible po. If you would like assistance on this matter, we offer this service. If you have more questions, you may request a paid online consultation by sending an email to attypaolojavier@gmail.com during office hours. Thank you
taking. Magkano po fee ng Demand Letter? I have business there in the Philippine r and na mis managed sa brother ko. He will not turn over the Cash. Ano po ideal gawin, pa Audit po or Send a Demand letter? Sino po mag deliver ng Demand letter immediately in foreign country. Thank you po!
Please send an email to attypaolojavier@gmail.com during office hours. It is currently 9:37pm here, and this is not the appropriate forum to conduct legal consultation. Best if it is done privately through email, unless you want the whole world to be able to read your problems. Remember, youtube comments are PUBLIC. If you are concerned about your privacy, kindly delete your comment. I do not assume any liability from your disclosure. Thank you
Hi, Atty. Clarification re: reportorial reqs.
Below P600k - Treasurer and President’s certification of annual FS will suffice (no need for an independent CPA)
P600k and up - Must be an Audited FS by a CPA
Thanks.
Yes, under sec. 129 par. (a). Thank you.
Can OPC be a holdings company?
See Section 116 of the Revised Corporation Code.
@@AttyJavierLawVlog Thank you
Hello po nagreregister po ako ng Non-stock Corporation | Corporation Sole, nais ko po sana magkaroon ng impormasyon tungkol doon.. Sana po mag upload po kayo ng video tungkol doon.. Salamat po.. ^_^
ir patulong nmn po .. my nakita po akong certificate of the capital stock ng mama ko noong 1975 pa ung date na nkalagay .MERCANTILE SAVINGS and loan association .. authorized by central bank of the philippines ..pano kya to sir nkapangalan po xa sa mama ko ,patay na po mama ko e dti xang teacher ,luma nnga po ung certificate e my punit na pero nbabasa pa nmn po .hope mtulungan nio po ako sir
Hi Attorney, question po. Incase nung nag-apply for certificate of registration, naka self-appointed treasurer, but the owner changed her mind immediately after registration, ichachange po sana to appointment of another person na lang. Pwede po ba yun?
Assuming your question pertains to One Person Corporations, then yes, it is possible, but only if they first comply with all the requirements all over again, such as the bond and the written undertaking submitted to the SEC. This is subject to any future opinion the SEC may render or ruling from the Supreme Court. Should you have further questions, you may request a paid online consultation by sending an email to attypaolojavier@gmail.com during office hours. Thank you
@@AttyJavierLawVlog thank you atty!
Hello atty. May i ask if apply for OPC do i get a BSP cert. together with AMLC cert. & manual.
Hello, any requirement in addition to those provided for in the Revised Corporation Code will depend on the nature of your business and the respective regulatory agency. If you wish to discuss this further, please send me an email at attypaolojavier@gmail.com. Thank you
@@AttyJavierLawVlog atty. How about if i apply for lending business as OPC do i have a cash bond/suretybond needed for this business. Thanks
May i know how much if there are any cashbond.
Hi, your questions involve actual work. If you would like to engage our firm for consultation, please send me an email at attypaolojavier@gmail.com. Thank you.
@@AttyJavierLawVlog here's my email add. dulagshell@yahoo.com hope you can discuss me everything about lending OPC. Thanks a lot po.
Thank you for this info Atty. regarding po sa name ng opc pwede rin po ba lagyan ng company? For example: ABC Trading Company Opc. Thank you po Atty. 👏🏻
Pwede naman po siguro, pero parang redundant lang. Better if ABC TRADING OPC. Also, check with the SEC if they approve the name. Thank you
Salamat sa Video mo sir
Sir Sana may tagalog version ka din netong OPC para maintidihan ng Masang Gaya ko 😅
Hi, tulad ng sabi ko sa ibang nag-request, malabo po na gumawa ako ng tagalog version. Una po, para po sa mga studyante ko talaga ito, at ginawa ko lang accessible sa ibang gusto manood sa Pilipinas. Pangalawa, dahil para sa studyante ito, kailangan nasa Inggles, dahil ang batas, ang exam sa school, at ang board at Bar exam ay nasa Inggles. Pangatlo, hindi lang po ito ang trabaho ko po. Ginagawan ko lang po ng oras ito, at mukhang di na po sapat ang oras ko kung gagawa ako dalawang version ng video.
Pasensya na po, at maraming salamat po sa pagtangkilik.
Hello! Can civil engineers put up an OPC? Say, construction company or business.
Hello, you will have to check associated laws, such as those on the practice of the engineering profession, for restrictions on putting up an engineering profession. If you wish to consult, you can send me an email at attypaolojavier@gmail.com. Thank you
Gd morning sir
Just a feedback, I wish this was explained further :( Maybe more practical examples? I really wanted to know more about OPC but nakakaoverwhelm kasi yung legal terms used in this video and I get anxious listening to it :( I feel like I'm still just reading about it.
You may book a paid consultation with our firm to see if this fits your needs 😊
Good afternoon po atty. Plan po namin mag sub dealer ng motor vehicle pwede po ba yan sa OPC ng esparc? Ano po ba pipiliin namin ESPARC or REGULAR PROCESSING? thank you
Hello, in general, pwede naman na ESPARC nalang kung mag incorporate. Pero sa sitwasyon nyo, depende kasi sa iba ibang factors kaya di ko masagot ng diretso. Kung nais nyo po na pag aralan ang sitwasyon nyo at maabisuhan kayo, maaari kayo mag request ng paid online consultation, magpadala lamang ng email sa attypaolojavier@gmail.com during office hours para malaman ang rates at iba pang mga detalye. Salamat po
hi Atty. Javier, possible po ba na maging treasurer din yung secretary? if yes po need padin po ba yung bond?
Yes, possible; no, bond only necessary if the single stockholder is also the treasurer. Remember that the single stockholder cannot be the secretary.
@@AttyJavierLawVlog thank you po. more power po!
Atty. I don't know if this is a stupid question. microbusiness lng po kasi ako. Paano po makakapag appoint ng secretary? Need po ba paid/with salary Ang secretary (family member)? Also, para walang bond, can I appoint my husband as treasurer and as the nominee.
Hello, due to the nature and number of queries, it is best if you request a paid online consultation by sending an email to attypaolojavier@gmail.com during office hours, or even better, hire a law firm on retainer to assist with the legal concerns of your business. Thank you
👍
Sir good day! Pano po ba mag fill-in regarding the Par value? Sa online application po ito ng SEC, Thank you.
Hello, paid service po ito. Mas maganda po kung hire nyo po ang aming firm, nagpprovide po kami ng Incorporation service. Kung nais nyo po mag consult, maaari kayo mag request ng paid online consultation, magpadala lamang ng email sa attypaolojavier@gmail.com during office hours para malaman ang rates at iba pang mga detalye. Salamat po
BmBe pwd puba OPC ? Anung tax ang babayaran nya Percentage tax puba or witholding tax sa mga co owner? OPC? TY GODBLESS
Hello. Depende po, pero posible naman po siguro. Mas maganda po kung mag request kayo ng paid online consultation, magpadala lamang ng email sa attypaolojavier@gmail.com during office hours para malaman ang rates at iba pang mga detalye. Salamat po
Atty I just subscribed. Meron po ako tanong.
Hello. To find out the rates for paid online consultations, you may send an email to attypaolojavier@gmail.com during office hours. Please do not send at night, as I need to rest too. Thank you
Atty. May question lang po ako regarding po sa anti bouncing check. What if po yung natanggap mong check na tumalbog is from non resident alien ganun pa rin po ba yung treatment sa kanya? Thanks po
Ps. Dito po ako nagcomment sa latest video nyo para manotice nyo po. Thanks in advance godbless po
Hi, kahit mag-comment ka dun sa video itself, mapapansin ko, don't worry.
I am entertaining your question on the assumption that you are not a law student, and have therefore, not taken up criminal law.
Under the principle of Generality of criminal laws, which is taken from Art. 14 of the Civil Code of the Philippines,
"Penal laws and those of public security and safety shall be obligatory upon all who live or sojourn in the Philippine territory, subject to the principles of public international law and to treaty stipulations."
Further, under the principle of Territoriality, generally, criminal laws undertake to punish crimes committed within the Philippine territory (see Reyes, The Revised Penal Code, 2012 Edition, Rex Bookstore - at Page 13 thereof).
As such, provided the bounced check was issued, drawn, or made payable within the Philippines, the offender, even if a foreigner, may be held liable for violation of B.P. 22, since he committed the crime within the Philippines; and provided, further, that he does not fall under any of the exceptions to the principles of Generality or Territoriality.
Thank you.
Thank you po atty.!! Btw Im a BSA student po and one of our major subject po ngayong online class is Business Law and I've been watching some of your videos po related to our subject and it really helps me a lot to understand more. Godbless po!
Hi Atty. Javier. I'm a software developer, I want to be able to release my own software platforms that my customers can subscribe to, I'm a one man team and I'm really not looking to create a billion dollar company at the moment, I'm just looking to get started with the aforementioned activity, would you suggest SEC OPC for me or DTI Sole Proprietary?
DTI mas okay imho kasi less compliance requirements. However, the disadvantage is that the liability of the business ay magiging personal liability mo din.
Yes, and that's a very big disadvantage, especially in case of huge debts incurred to grow the business.
Random thought guys. Imagine you're married. So pwede ka mag form ng OPC. Then, yung OPC pwede mag-acquire assets funded by you. Feeling ko hindi na conjugal yung property kasi the OPC is not married to your spouse. Hahaha 😅
Yes, because remember, a corporation is an artificial being separate and distinct from the officers, directors, and stockholders. This principle applies to OPCs as well.
Hi atty..ask ko lng po how much po ba required.minimum investement or minimum capital para maka pag apply ng OPC? Thank u po
Hi, I explained it ah. No minimum. But depending on the nature of the business, you have to check if there are other laws that require a certain amount.
If you wish to consult, you may send me an email at attypaolojavier@gmail.com during office hours. Huwag naman ganitong oras na 1am.
Thank you
Hello Atty , I have a realty firm single propeitorship can I invite or partner with a foreign investor or Company
Hello, you may request a paid online consultation by sending an email to attypaolojavier@gmail.com during office hours to inquire about the rates. Thank you
Hi Atty Javier pwede po bang mgregister ang Former Filipino Citizen (Balikbayan) who resides abroad as a Filipino Single Stockholder Entity for Importation Business? Is Importation considered Trade Business?
Hello. Are you certain that you have already lost your citizenship? Did you apply for foreign citizenship? We may be able to assist you with your concern. Please send me an email at attypaolojavier@gmail.com
Wala po bang tagalog explaination?
Hello po. Tulad po ng sabi ko sa ibang tao na may kaparehong tanong, pasensya na po at wala po.
Ang mga video po na ito ay para talaga sa mga studyante ng law at ng accounting. Sa dahilan na ang kanilang exam sa school, sa Board, at sa Bar ay nasa Inggles, at dahil ang batas mismo ay nasa Inggles, kaya ang mga video ko po ay nasa Inggles din.
Bukod po dito, hindi ito ang pangunahing trabaho ko; sa totoo lang ay nauubos ang oras ko sa pagiging abogado, at hinahanapan ko lang ng oras ang paggawa ng mga video na ito. Dapat nga po para lamang sa mga studyante ko ito, pero ginawa ko na Public para matulungan ang studyante sa buong Pilipinas, o di kaya ibang may gustong matuto. Sa makatuwid, wala po akong oras gumawa ng pangalawang version na tagalog. Pasensya na po.
Maraming salamat po sa pagtangkilik.
Good day po! Malaking tulong po videos niyo Sir. Thank you thank you so much po 😁
Sir question po. Paano po mapprove ni sole stockholder na adequately financed yung opc and separate nga po from his person ang properties ng opc? May threshold po ba o certain standards ang SEC?
Salamat po Sir. God Bless po.
You'll have to contact the SEC for that information. Personally, I haven't inquired yet, I have just explained in the video what is contained in the Revised Corporation Code on the matter.
Atty pwd po ba isang name. Iba2 na busines. Name example is abc trading sa makati is hardware cya pero gagamitin ko ulit sa las pinas ang abc trading sa lpg same sec
Kung same corporation opo. Ang abiso ko po ay mag-hire po kayo ng abogado na naka retainer para may matatanungan kayo kada buwan.
Kung may tanong pa po kayo, maaari kayo mag request ng paid online consultation, magpadala lamang ng email sa attypaolojavier@gmail.com during office hours.
Salamat po
Sir, tanong ko lang po kung suitable po ba ang One-person corporation sa music industry/music business?
Suitable for what? Generally, pwede naman; it's not really about the entity, but in the persons managing the entity
hi atty...pwede po mag member ng BMBE ang isang OPC?
Hello. As long as pasok po siya sa definition ng BMBE under RA 9178.
Ayon sa RA 9178, "Barangay Micro Business Enterprise," hereinafter referred to as BMBE, refers to any business entity or enterprise engaged in the production, processing or manufacturing of products or commodities, including agro-processing, trading and services, whose total assets including those arising from loans but exclusive of the land on which the particular business entity's office, plant and equipment are situated, shall not be more than Three Million Pesos (P3,000,000.00) The Above definition shall be subjected to review and upward adjustment by the SMED Council, as mandated under Republic Act No. 6977, as amended by Republic Act No. 8289.
For the purpose of this Act, "service" shall exclude those rendered by any one, who is duly licensed government after having passed a government licensure examination, in connection with the exercise of one's profession.
Kung may tanong pa kayo, maaari kayo mag request ng paid online consultation, magpadala lamang ng email sa attypaolojavier@gmail.com during office hours. Salamat po
thank you po..will surely email you po. @@AttyJavierLawVlog
Atty mga magkano po ibabayad or magkano dapat pag nag one person corporation?
Haha mas mabuti po kung sa SEC kayo mismo mag inquire. Hindi ko kabisado lahat ng rates. Pero kung gusto nyo ng assistance sa paggawa ng OPC, padalhan nyo po ako ng email sa attypaolojavier@gmail.com. Salamat
@@AttyJavierLawVlog thank u po i will send email po now
Ang usa ka korporasyon mahimong maporma sa usa lamang ka tawo. sir
subd.
Hiii Atty, Pwede po ba paki further explain anong TRUST AND ESTATE (as who can form an OPC) dito?
For Trust:
What do the SUBJECT MATTER mean here?
also, for ESTATES:
does this mean the beneficiaries of the dead person?
Hi, sorry, but this is not a priority at the moment.
If you are a student, you can simply research, as you are not supposed to rely on spoonfeeding anyway.
If you are not a student, you may request a paid online consultation by sending an email to attypaolojavier@gmail.com during office hours to inquire about the rates and other details.
However, these terms refer to those particular concepts under the Civil Code. For trusts, it's governed by Chapter V of the Civil Code, arts. 1440 to 1457.
Estates do NOT refer to the beneficiaries of the deceased, but rather the mass of properties, rights, and obligations left by the deceased that may be subject to distribution to the decedent's heirs upon the former's death.
Good luck