Franchise FAQ

can a foreigner own a franchise business here in philippines

by Nikki Braun Published 2 years ago Updated 1 year ago

In reality, foreigners are allowed to own and manage a business in the Philippines. However, they have more requirements to fulfill compared with Filipino business owners. Also, there are certain business activities or industries that are restricted to Filipino owners only.

The rules for foreign equity capital are as follows:
However, if your domestic market business has a minimum paid capital of US$200,000 or more, the equity cap can be lifted and foreigners can fully own their businesses.
Mar 31, 2020

Full Answer

How can a foreigner start a business in the Philippines?

A foreigner cannot form a solely owned business in the Philippines without a heavy investment ( for a corporation, you are looking at USD$200,000 ). A foreigner can have up to 40% ownership in a corporation – minimum capital to start a corporation is only Pesos 5,000...

Can a foreigner own a sole proprietorship in the Philippines?

Registering a business as a sole proprietorship is perhaps the easiest way to establish your business in the Philippines.

What are the different types of franchising in the Philippines?

These are the ones you can find locally: Business Format Franchising is probably the most common here in the Philippines. In this setup, the franchisor provides the franchisee a whole system of doing business, aside from the use of their products, services, and trademark.

Is it profitable to own a franchise in the Philippines?

Being a profitable franchise depends on many factors, such as choosing an excellent location and doing sensible store management. Even Jollibee, arguably the most successful local franchise in the Philippines, has different profits based on the performance of each location.

Why is it important to register a business in the Philippines?

What is the economic dynamism of the Philippines?

What industry can I venture on?

Why is the Philippines a good place to live?

What is the Philippines' infrastructure?

How long is a passport valid in the Philippines?

Is the Philippines a confident consumer?

See 4 more

About this website

Can foreigners own franchise in Philippines?

The Philippines has amended its Foreign Investment Act. The amendments allow foreign investors to set up and fully own local enterprises.

Can a foreigner open up their own business in the Philippines?

Under the Foreign Investments Act of 1991 (“FIA”), a foreign investor is generally allowed to own 100% of any local business enterprise. However, the Philippine Constitution and certain statutes provide some limitations as to the extent to which foreigners can own and operate businesses in the Philippines.

What businesses Can foreigners own Philippines?

MANILA -- Philippine President Rodrigo Duterte has signed a law allowing foreigners to fully own businesses in key sectors like telecommunications and airlines, the latest in the country's efforts to open up its economy.

Can a foreigner be part of a corporation in the Philippines?

A Foreign-owned Domestic Corporation is one wherein foreign equity exceeds forty percent (40%). It may be controlled by foreigners but the Corporate Secretary and Treasurer must be Filipino residents and citizens.

Can a foreigner own a sole proprietorship in the Philippines?

Foreigners can establish a sole proprietorship in the Philippines in industries not governed by ownership equity laws. Over 40% of firms are registered as sole proprietorships in the Philippines as per 2015 data. The process to register a sole proprietorship in the Philippines is also comparatively smoother.

Can foreigners own a restaurant in the Philippines?

As a general rule, there are no restrictions on extent of foreign ownership of export enterprises. In domestic market enterprises, foreigners can invest as much as one hundred percent (100%) equity except in areas included in the negative list. SEC. 3.

Can a foreigner open a bank account in the Philippines?

Yes, a foreigner can open a bank account in the Philippines but the type of account you can open will depend on your status as a foreigner. If you have been living in the country for more than 180 days, you're classified as a resident alien.

How can a foreigner live permanently in the Philippines?

Immigrant Visas for the Philippines Foreign nationals who wish to settle in the Philippines may consider applying for an immigrant visa. These types of visa are granted to non-citizens whose country grants permanent residence and immigration privileges to Filipinos.

How can a foreigner invest 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.

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

One person corporation is applicable to all, in general, – locals and foreigners who wanted to invest in the Philippines in such allowed areas under foreign investment rules in Philippines such as in business process outsourcing (BPO), knowledge process outsourcing (KPO), rendering services, trading goods, or ...

Can a foreigner be a CEO in the Philippines?

While foreigners are disqualified to be elected/appointed as corporate officers in wholly or partially nationalized business activities, they are allowed representation in the Board of Directors or governing body of said entities in proportion to their shareholdings.

Can foreigners own C Corporation?

Yes, foreigners can register both limited liability companies (LLCs) and C corporations in the U.S. They can also be LLC members and C corp shareholders.

What are the requirements to start a business in the Philippines?

2. Secure a Mayor's business permitDTI Business Name Certificate for a sole proprietorship, SEC Articles of Partnership or SEC Certificate of Incorporation.Barangay Clearance/ Permit.Authorization letter of the owner with ID.Contract of Lease or Land Title / Tax Declaration.Sketch of Location.Occupancy Permit.More items...

Can you start a business as a foreigner?

A foreigner (whether living abroad or those who are non-citizens residing in the US) can start a business of any kind: a sole proprietorship, partnership, Limited Liability Company (LLC), S-Corporation, or C-Corporation. However, working for the business and gaining wages will require documentation.

What are the permits needed to start a business in Philippines?

What are the requirements for business permit registration in the Philippines?Barangay Business Clearance.Community Tax Certificate (CTC or Cedula)Public Liability Insurance.Locational or Zonal Clearance.Certificate of Occupancy (Building and Unit)Sanitary Permit.

Can a foreigner open a bank account in the Philippines?

Yes, a foreigner can open a bank account in the Philippines but the type of account you can open will depend on your status as a foreigner. If you have been living in the country for more than 180 days, you're classified as a resident alien.

A Guide to Foreign Business Ownership in the Philippines 2022

InCorp Philippines (Formerly Kittelson and Carpo Consulting) provides consulting and assistance to local and foreign companies starting and doing business in the Philippines. Our main areas of expertise are incorporation, business registration, fda, immigration/visas, payroll, human resources, and recruitment.. View all posts

Are Foreigners Allowed to Own Business in the Philippines?

It has been long misunderstood that foreigners cannot own their businesses in the Philippines.Indeed, in most industries in Philippines, foreign investments are restricted, but promoted by fiscal and non – fiscal incentives.The country’s Republic Act No. 7042 or the Foreign Investments Act of 1991 (FIA) states these incentives and their requirements for availment.

How to Start a Profitable Business in Philippines as a Foreigner

A foreigner cannot form a solely owned business in the Philippines without a heavy investment (for a corporation, you are looking at USD$200,000).A foreigner can have up to 40% ownership in a corporation – minimum capital to start a corporation is only Pesos 5,000 (approximately USD $1,000).

What is the cap on equity owned by foreigners in the Philippines?

While for export oriented enterprises (which are classified as companies deriving at least 60 percent of their revenue from sources outside the Philippines), they can do away with the capitalization requirement and go beyond the 40 percent cap on equity owned by foreigners.

What is the foreign equity limit in the Philippines?

For domestic market enterprises (which are defined as companies deriving at least 40 percent of their revenue from sources within the Philippines), foreign equity is limited to 40 percent. It simply means that you cannot be company president.

What is the anti dummy law in the Philippines?

108, which classifies as offence any individual who violates the restrictions on foreign equity and those who evade laws on nationalization.

What is the Philippines known for?

Philippine is endowed with rich and abundant natural and mineral resources, beautiful tourist spots, and diverse culture, and it offers an ideal market to tap for both local and foreign entrepreneurs.

Where to go for sole proprietorship?

For Sole Proprietorship you would have to visit the Department of Trade and Industry (DTI)

Is the Philippines an archipelago?

Also note that Philippines is an archipelago that makes it quite hard to connect from every island, but the initiative of its government, a well – developed communication, transportation, business and economic infrastructure links the three major islands and distinguishes the Philippine economy.

Can foreigners own businesses in the Philippines?

It has been long misunderstood that foreigners cannot own their businesses in the Philippines. Indeed, in most industries in Philippines, foreign investments are restricted, but promoted by fiscal and non – fiscal incentives.

Business Restrictions for Foreigners

In reality, foreigners are allowed to own and manage a business in the Philippines. However, they have more requirements to fulfill compared with Filipino business owners.

Documents to Prepare

These are some of the things that you need to prepare if you need to open a business in the Philippines as a foreigner:

Starting a Business in the Philippines as a Foreigner

Step 1. Make sure to do thorough research in the industry or field of business you’re venturing in. Some fields allow 100% foreign ownership, others 0%! There are also fields that allow up to 25%, 30%, and 40% foreign ownership.

How to get a business permit in the Philippines?

After you decide the location of your office in the Philippines, you will need to obtain a barangay clearance from the barangay where the business is located . The officials will then check your SEC papers. After this, you would have to pay the barangay a fee and then you can go ahead and apply for a business permit from the local government unit, i.e., the municipal or city office. [A barangay is the smallest administrative division in the Philippines.]

What do I need to register a foreign company?

To register a foreign-owned company, you'll need the name registration certificate and other documents, including: SEC registration – for registering as a partnership or corporation. DTI registration – for registering your business trade name (BTR) Mayor’s business permit – for getting the license to operate in the city or municipality ...

What is a mayor's business permit?

Mayor’s business permit – for getting the license to operate in the city or municipality and payment of your local business taxes

Where do I register my sole proprietorship?

For sole proprietorship registration, you need to approach Department of Trade and Industry (DTI), and for partnership and corporation, register your company name at the Securities and Exchange Commission (SEC) register facility.

Is it possible to start a business in the Philippines?

The Philippines is often regarded as the place we go to when we want to escape work. But have you ever considered starting a business in the Philippines as a foreigner? Due to its rich natural and labor resources, talent pool filled with competent, bilingual, and resilient individuals, Philippines is and ideal location to start a business. And from the last few years, more and more entrepreneurs are heading to the Philippines to actually start their companies , with the obvious advantages of a large, English-speaking population with high mobile penetration outweighing the potential negatives.

Can you register intellectual property rights?

You can register intellectual property rights services as well which will help you in safeguarding your intellectual property related to business.

Do businesses need a contract of lease?

Businesses that rent commercial space need to secure a Contract of Lease. Businesses that operate on private lands need to secure a Land Title.

Why is it important to register a business in the Philippines?

It is important to identify some businesses that are not open to foreigners hence the need to visit government agencies responsible for registering businesses in the Philippines to make your enquiries before registering a new business.

What is the economic dynamism of the Philippines?

With increasing urbanization, a growing middle-income class, and a large and young population, the Philippines economic dynamism is rooted in strong consumer demand supported by improving real incomes and robust remittances. Businesses have transformed into something new together with the advancement in the field of information technology and industrial development. Although its economy is largely dominated by the agricultural sector there’s still a lot of opportunity in this newly industrialized country, not just for Filipinos but also for foreigners.

What industry can I venture on?

Keep in mind all the reasons why it’s good to do business in the Philippines, let us now analyze the top 7 best industry you can venture on;

Why is the Philippines a good place to live?

Aside from the fact that the Philippines is rich with natural and mineral resources, beautiful tourist spots, and diverse culture it is also a good market to tap for both local and foreign entrepreneurs. Here are the reasons why: Strategic Location.

What is the Philippines' infrastructure?

The Philippines is an archipelago that makes it a challenge to connect every island, but through the initiative of its government a well-developed communication, transportation, business and economic infrastructure links the three major islands and distinguishes the Philippine economy.

How long is a passport valid in the Philippines?

Passport/Travel Document Valid for at least six (6) months beyond the intended period of stay in the Philippines;

Is the Philippines a confident consumer?

Filipinos are Confident Consumers. Filipinos are confident spenders in the world putting their hard-earned money on new clothes, vacations, investments and home improvements. Based on the survey² conducted by Nielsen it showed Philippines as the top ranked spenders globally and on top of even the United States which placed fourth. The Philippines outranked neighboring countries in Asia-Pacific such as India and Indonesia which placed second and third respectively.

How to be in business in the Philippines?

The best way to be in business in the Philippines is to be married to a Filipina who holds ownership of the proprietorship, or form a corporation with a Filipina spouse with you owning 40% and she owning 60%.

What is expected of you when starting a business in the Philippines?

If you are considering starting a business in the Philippines, what is expected of you is to first and foremost conduct thorough research on the industry you are interested in starting a business in. This is very important especially if you are coming from outside the ASEAN.

How to get a barangay clearance?

To get a barangay clearance, you may visit the barangay office where your business is located. DTI Business Name (BN) Registration Certificate.

What is the next step after you have successfully registered your business with the Securities and Exchange Commission?

The next step after you must have successfully registered your business with the Securities and Exchange Commission (SEC) is to ensure that you apply and obtain the mandatory Tax Identification Number (TIN) for your company and you can achieve that by submitting the following documents:

What is sole proprietorship in the Philippines?

Sole Proprietorship. A sole proprietor in the Philippines is someone who is personally responsible for any liabilities incurred in the business. However, they also get full benefit of any profit incurred by the company. In effect, the business and personal interests are considered as one single entity.

What is an employee in the Philippines?

The term “employee” denotes any person legally employed in the Philippines, any person compulsorily covered by the GSIS under the Commonwealth Act 186, or any person compulsorily covered by the SSS under Republic Act 1161. Such employee is automatically covered for these government mandated employee benefits. This includes self-employed individuals or freelancers.

How many shareholders are required to be a corporation in the Philippines?

A corporation in the Philippines must have at least five shareholders who stake a minimum amount of capital. However, the liability of shareholders is then capped at the total amount of their invested capital. The investor has to register his corporation to the Securities and Exchange Commission.

What Is Franchising?

Franchising, as defined by the International Franchise Association 2, is a method of distributing products or services through an agreement between two parties, the franchisor, and the franchisee. The franchisor is the owner of the original concept, with its corresponding products, services, trademark, or business system.

What Are the Different Types of Franchise Businesses?

Not every franchise model is the same. These are the ones you can find locally:

The Pros & Cons of Franchising

You might be asking, “Why do people pay for a franchise?” Franchising, as a business model, has its benefits that many would be glad to pay for. But it also has its own disadvantages.

Franchising Versus Putting Up Your Own Business

Putting up an independent business of your own has its own pros and cons when compared to franchising. These include:

How To Start a Franchise Business in the Philippines: 9 Steps

Franchising is not an easy undertaking, and you should do some self-examination to check if it’s really for you.

History of Franchising in the Philippines

Franchising has a long history, possibly dating back to the Middle ages 4, but it’s believed to have been popularized in the United States of America during the Industrial Revolution. Manufacturing companies, like General Motors and Coca-Cola, wanted to solve the problem of the high cost of distributing their products.

Common Misconceptions About Franchising

Before you start franchising, make sure that you have the right expectations. There’s a lot of misinformation out there, including:

Why is it challenging to hire a foreign worker in the Philippines?

If a company would support you, it will most likely be because you have a skill that the job requires in concise demand in the Philippines. A company will likely hire locally and train a local citizen rather than seek a foreign worker in most cases.

What Can You Do If You Are A Foreigner And Are Looking To Work In The Philippines?

Many foreigners will hire Filipino for stand roles such as customer service agents , etc. However, knowing foreign business owners may be afoot in the door.

Where can I get a work visa in the Philippines?

Foreign nationals planning to work in the Philippines are required to secure a work visa, which can be obtained from the Philippines’ Bureau of Immigration (BI), as well as an Alien Employment Permit (AEP) issued by the Department of Labor and Employment (DOLE). aseanbriefing.

Is it hard to open a company?

Opening a company is not always difficult, but it’s a lot harder than in other countries In Asia for a foreigner (unless you are from the US). As a foreigner, it will be much easier for you to be the president of a corporation.

Is there a demand for foreign teachers in the Philippines?

Filipinos are the best English-speaking Asian country, and thus there is little to no demand for foreign English teachers. However, some ex-pats turn to online teaching and work for Chinese and Japanese English schools. Like online business, a foreigner would need to be registered to work legally in the Philippines.

Why is it important to register a business in the Philippines?

It is important to identify some businesses that are not open to foreigners hence the need to visit government agencies responsible for registering businesses in the Philippines to make your enquiries before registering a new business.

What is the economic dynamism of the Philippines?

With increasing urbanization, a growing middle-income class, and a large and young population, the Philippines economic dynamism is rooted in strong consumer demand supported by improving real incomes and robust remittances. Businesses have transformed into something new together with the advancement in the field of information technology and industrial development. Although its economy is largely dominated by the agricultural sector there’s still a lot of opportunity in this newly industrialized country, not just for Filipinos but also for foreigners.

What industry can I venture on?

Keep in mind all the reasons why it’s good to do business in the Philippines, let us now analyze the top 7 best industry you can venture on;

Why is the Philippines a good place to live?

Aside from the fact that the Philippines is rich with natural and mineral resources, beautiful tourist spots, and diverse culture it is also a good market to tap for both local and foreign entrepreneurs. Here are the reasons why: Strategic Location.

What is the Philippines' infrastructure?

The Philippines is an archipelago that makes it a challenge to connect every island, but through the initiative of its government a well-developed communication, transportation, business and economic infrastructure links the three major islands and distinguishes the Philippine economy.

How long is a passport valid in the Philippines?

Passport/Travel Document Valid for at least six (6) months beyond the intended period of stay in the Philippines;

Is the Philippines a confident consumer?

Filipinos are Confident Consumers. Filipinos are confident spenders in the world putting their hard-earned money on new clothes, vacations, investments and home improvements. Based on the survey² conducted by Nielsen it showed Philippines as the top ranked spenders globally and on top of even the United States which placed fourth. The Philippines outranked neighboring countries in Asia-Pacific such as India and Indonesia which placed second and third respectively.

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