Dividend Payments To Shareholders

Summary

Philippine Manufacturing Inc. Pays dividends directly to GlobalTech Corp. Foreign corporations in the Philippines must appoint a resident agent with a Special Power of Attorney, ensuring good moral character and financial standing. The IIPCC promotes investment but cannot grant fiscal incentives, which are managed by agencies like BOI and PEZA. The BOI serves as the IIPCCs secretariat. Foreign companies with incentives must train Filipinos, monitored by DOLE, and the Act protects existing employees, adhering to labor laws.

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RCCP (RA *) maintains the requirement for a written power of attorney designating a resident agent for service of summons and other legal processes. WHO WILL GIVE THE SPA?
The Special Power of Attorney (SPA) should be given by the corporation that needs to designate the resident agent for service of summons and other legal processes.
YOU MEAN FOREIGN CORPORATION
Yes, a foreign corporation operating in the Philippines must provide a Special Power of Attorney (SPA) to designate a resident agent. This is in accordance with the Revised Corporation Code of the Philippines (RA *), which requires foreign corporations to appoint a resident agent for service of summons and other legal processes.
Do you need more details on how to proceed with designating a resident agent?
Sec * - a resident individual of good moral character and sound financial standing, or a domestic corporation lawfully transacting business in the Philippines1 and of sound financial standing with proof of good standing from the SEC. THIS RESIDENT INDIVDUAL DOES NOT NECESSARILY MEAN HE HAS BUSINESS OR ANY INDIVIDUAL LIKE HAVING A PROFESSION OR SOMETHING A JOB
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It sounds like you need information about the requirements for designating a resident agent for a foreign corporation operating in the Philippines. Here are the key points:
- A resident agent must be a resident individual of good moral character and sound financial standing or a domestic corporation lawfully transacting business in the Philippines.
- The foreign corporation must provide a Special Power of Attorney (SPA) to designate the resident agent.
Do you need more specific guidance on appointing a resident agent, or any other legal issue?
WHY THE PRACTICE OF PROFESSION IS INVOLVED HERE FIA? SINCE THE TOPIC IS INVESTMENT?
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It seems you're trying to understand why a resident agent's qualifications might involve the practice of a profession when the topic is investment. The key requirement is that the resident agent should have good moral character and sound financial standing, which does not necessarily imply practicing a profession.
Could you clarify if you need more information on the requirements for a resident agent, or is there another specific concern you have?
WHY THE PRACTICE OF PROFESSION IS INVOLVED THE LAW OF FOREIGN INVESTMENT ACT SINCE THE TOPIC IS INVESTMENT?
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The requirement for a resident agent under the Foreign Investment Act (FIA) does not necessarily involve the practice of a profession. It focuses on ensuring the agent has good moral character and sound financial standing, which are essential qualities for representing a foreign corporation in legal matters.
Would you like more specific guidance on the Foreign Investment Act requirements or another legal issue?
The IIPCC's composition reflects a multi-sectoral approach, bringing together key government agencies involved in various aspects of investment promotion and facilitation. This includes those focused on trade, finance, economic zones, foreign affairs, economic planning, technology, education, and skills development. The inclusion of four representatives from nationally recognized business chambers ensures private sector input and alignment with the needs and perspectives of the business community. These private sector representatives are required to possess significant expertise and experience in relevant fields, lending credibility and practical insights to the committee. SIMPLIFY ENGLISH
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The IIPCC includes key government agencies and four business chamber representatives. These representatives provide private sector insights and must have significant expertise and experience. The committee focuses on trade, finance, economic zones, foreign affairs, economic planning, technology, education, and skills development.
Is there anything else you need help with?
The law grants the Chairperson the flexibility to invite additional stakeholders – other government bodies, LGUs, NGOs, and local businesses – depending on the specific requirements of a potential foreign investment. This allows for tailored and comprehensive support for investors. SIMPLIFY ENGLISH TO EASE UNDERSTANDING
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The law allows the Chairperson to invite other government bodies, LGUs, NGOs, and local businesses as needed for foreign investments. This ensures customized and complete support for investors.
Furthermore, the IIPCC is tasked with coordinating and partnering with various special economic zone authorities and similar entities across the Philippines to promote these zones as attractive investment destinations. This emphasizes a nationwide strategy for attracting foreign capital. SIMPLIFY ENGLISH TO EASE UNDERSTANDING
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The IIPCC works with special economic zones and similar entities across the Philippines to promote these areas as attractive places for investment, focusing on a national strategy to attract foreign capital.
However, a crucial limitation is placed on the IIPCC's powers: it cannot administer, design, or grant fiscal incentives. This authority likely remains with specialized agencies like the Board of Investments (BOI) and the Philippine Economic Zone Authority (PEZA), which have established frameworks and expertise in this area. The IIPCC's role is primarily in the broader promotion and facilitation aspects. SIMPLIFY ENGLISH TO EASE UNDERSTANDING
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The IIPCC cannot give or manage financial incentives. This power is with agencies like the Board of Investments (BOI) and the Philippine Economic Zone Authority (PEZA). The IIPCC mainly focuses on promoting and facilitating investments.
Finally, the BOI is designated as the IIPCC's secretariat, responsible for implementing its policies and resolutions and providing administrative support. This leverages the BOI's existing infrastructure and mandate in investment promotion. IMPLIFY ENGLISH TO EASE UNDERSTANDING
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The BOI acts as the IIPCC's secretariat, implementing policies and providing administrative support, using its existing infrastructure and mandate in investment promotion.
Technology Transfer and Skills Development: Foreign enterprises employing foreign nationals and enjoying fiscal incentives must implement an understudy or skills development program for Filipinos to ensure technology and skills transfer, with monitoring by the Department of Labor and Employment (DOLE). Protection of Existing Employees: The Act explicitly states that it should not cause the termination of employees hired before its effectivity, and labor laws prevail in all cases. SIMPLIFY ENGLISH
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- Foreign companies with incentives must train Filipinos to transfer skills, monitored by DOLE.
- The Act ensures no termination of employees hired before it took effect, and labor laws still apply.
This emphasizes that the partnership is not merely an aggregation of the individual partners. It has an identity all its own. The assets of the partnership are owned by the partnership, not by the partners individually in specific shares (though their capital contributions represent their interest in the partnership's net assets). Similarly, the debts of the partnership are primarily the obligations of the partnership. SIMPLIFY
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A partnership has its own separate identity. The partnership owns its assets and is liable for its debts, not the individual partners. Partners' contributions represent their interest in the partnership's net assets.
Would you like more details or have another legal issue you need help with?
Exception (Article *): Article * provides an exception known as partnership by estoppel. This occurs when a person, by words spoken or written or by conduct, represents themselves, or consents to another representing them to anyone, as a partner in an existing partnership or with one or more persons not actual partners. In such cases, the person making the representation (or consenting to it) can be held liable as a partner to anyone who has, on the faith of such representation, given credit to the actual or apparent partnership. This exception protects third parties who rely on misleading representations of partnership. SIMPLIFY
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Article *: Partnership by estoppel occurs when someone represents themselves or consents to be represented as a partner, even if they are not. They are liable as a partner to anyone who relies on this representation and gives credit to the partnership. This protects third parties from misleading representations.
Exception (Article *): Article * provides an exception known as partnership by estoppel. This occurs when a person represents themselves as a partner in an existing partnership or consents to be represented as a partner, even if they are not. They are liable as a partner to anyone who relies on this representation and gives credit to the partnership. This protects third parties from misleading representations. In sum, the person is estopped from denying that he is not a partner or the partnership is estopped from denying that a person is not its partner. WHY THEMSELVES WHEN I THE SENTENCE USED AS A PARTNER, A SINGULAR FORM. AND WHY, AFTER IS THE ESTOPPED IS PAST TENSES FORM.
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The use of "themselves" is to be inclusive and gender-neutral, even when referring to a singular subject. "Is estopped" uses past tense because it refers to an action that has already occurred.
Do you need more clarification on any other legal terms or provisions?