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Business Organization and Licensing in the Philippines
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Business Organization and Licensing in the Philippines

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Questions and Answers

What is the primary requirement for architects and engineers to legally operate in construction in the Philippines?

  • A certification from a professional organization
  • A special permit from the municipality
  • A business tax ID
  • A contractor's license from PCAB (correct)
  • Which business organization allows an architect to enjoy profits without sharing with partners?

  • Sole Proprietorship (correct)
  • General Partnership
  • Corporation
  • Limited Partnership
  • What is a major disadvantage of operating as a sole proprietorship in the architecture business?

  • Limited exposure to clients
  • Loss is solely shouldered by the owner (correct)
  • Legal recognition issues
  • Higher registration costs
  • Which of the following forms of business organization has the highest regulation requirements?

    <p>Corporation</p> Signup and view all the answers

    Under the Contractor's License Law (RA 4566), what must an architect secure to engage in construction contracting?

    <p>A contractor’s license</p> Signup and view all the answers

    What is a key benefit of operating a construction business under a partnership structure?

    <p>Shared management and capital</p> Signup and view all the answers

    What must be indicated in a fixed-term employment contract?

    <p>The duration of the project</p> Signup and view all the answers

    Which of the following is NOT a typical reason for issuing a warning memo to an employee?

    <p>Promotion consideration</p> Signup and view all the answers

    What is required annually for maintaining a contractor's license in the Philippines?

    <p>Renewal application and fees</p> Signup and view all the answers

    What legal aspect governs the licensing of contractors in the construction industry in the Philippines?

    <p>RA 4566 - Contractor’s License Law</p> Signup and view all the answers

    In seasonal employment, what happens to employees during the off-season?

    <p>They are temporarily laid off</p> Signup and view all the answers

    What should be signed by employees upon receiving their pay?

    <p>Payroll or payslip</p> Signup and view all the answers

    Which statement about fixed-term employment is true?

    <p>It must be voluntarily agreed upon without duress.</p> Signup and view all the answers

    What benefit is not typically associated with seasonal employment?

    <p>Annual leave</p> Signup and view all the answers

    What is a quit claim typically associated with?

    <p>Termination of employment</p> Signup and view all the answers

    What is a common mutual characteristic of fixed-term employment relationships?

    <p>Consent is freely given without pressure</p> Signup and view all the answers

    What is a characteristic of probationary employment?

    <p>The employee undergoes a trial period to determine fitness.</p> Signup and view all the answers

    Which of the following describes project employment?

    <p>It is fixed for a specific project or undertaking.</p> Signup and view all the answers

    What is NOT one of the four aspects of the Four-Fold Test of Employment?

    <p>Ability to set employee wages independently</p> Signup and view all the answers

    Which type of employment is characterized by a specific duration linked to a particular project?

    <p>Project Employment</p> Signup and view all the answers

    What is the main factor that determines regular employment?

    <p>Connection between the employee's activities and the business's usual trade</p> Signup and view all the answers

    Which type of employment is temporary and typically defines a fixed duration?

    <p>Fixed-Term Employment</p> Signup and view all the answers

    Which of the following benefits is not included in the list of benefits for workers?

    <p>Health Insurance</p> Signup and view all the answers

    What is a key requirement for obtaining a Mayor’s Business Permit?

    <p>Paying the Mayor’s Permit Fee</p> Signup and view all the answers

    Which method of compensation is based on the overall project construction cost?

    <p>Percentage Based on Project Construction Cost</p> Signup and view all the answers

    What is a primary disadvantage of a partnership?

    <p>Quick Decision Making is not possible</p> Signup and view all the answers

    What is required for a corporation in terms of personnel?

    <p>Minimum of five people</p> Signup and view all the answers

    What type of business structure is a sole proprietorship?

    <p>The simplest type of business structure</p> Signup and view all the answers

    What does SEC registration indicate?

    <p>Limited liability</p> Signup and view all the answers

    Under what circumstances does Article 17 of the Civil Code of the Philippines state potential disputes may arise?

    <p>Sharing of risks in partnerships</p> Signup and view all the answers

    What is one key feature of a one-person corporation?

    <p>Allowed to have only one owner</p> Signup and view all the answers

    What consequence arises from the non-remittance of benefits?

    <p>Criminal case</p> Signup and view all the answers

    What does a Professional Fee Plus Expenses compensation method indicate?

    <p>Same as the owner’s compensation</p> Signup and view all the answers

    Which of these training seminars is related to construction safety?

    <p>Basic Occupational Safety and Health (BOSH)</p> Signup and view all the answers

    What is the primary purpose of requiring a PCAB license for contractors?

    <p>To protect the public's safety.</p> Signup and view all the answers

    Which of the following fees is the lowest for business registration in a barangay?

    <p>Php 200</p> Signup and view all the answers

    What document is issued for registration at the Bureau of Internal Revenue for sole proprietorships?

    <p>BIR Form 2303</p> Signup and view all the answers

    What is a contractor defined as in the provided content?

    <p>A licensed person or firm registered with PCAB.</p> Signup and view all the answers

    Which fee applies to businesses with a national scope of operation?

    <p>Php 2,000</p> Signup and view all the answers

    Which form is used for the authority to print receipts?

    <p>BIR Form 1921</p> Signup and view all the answers

    What type of construction does the act not apply to?

    <p>Alteration of personal property</p> Signup and view all the answers

    Which government office is involved in the business registration process?

    <p>Department of Trade and Industry (DTI)</p> Signup and view all the answers

    Study Notes

    Business Organization

    • Three general forms of business organization: Sole Proprietorship, Partnership, and Corporation.
    • Sole Proprietorship: Easy to register, requires minimum capital, lower costs, but the owner shoulders all risks and liabilities.
    • Partnership: Easier to form than a corporation, more efficient management, shared risks, but potential disputes and delays in decision-making.
    • Corporation: Requires minimum of 5 people, has own juridical personality, lowest risk in liability, but more complex registration process and higher costs.

    Licenses and Permits

    • Architects and Engineers need a Philippine Contractors Accreditation Board (PCAB) license to operate a construction business according to Republic Act 4566 (The Contractor’s License Law).
    • PCAB Licenses ensures the safety of the public and only qualified contractors undertake construction in the Philippines.
    • Sole Proprietorships, Partnerships, and Corporations all require registration with the Department of Trade and Industry (DTI) and Bureau of Internal Revenue (BIR).
    • Municipalities/ Cities require a Mayor's Business Permit, with different fees based on location and business scope.

    Contractor's License Law (R.A. 4566)

    • The Contractors License Law aims to ensure the safety of the public by regulating construction businesses in the Philippines.
    • The law dictates that no contractor can operate without a PCAB License.
    • The law does not apply to construction, alteration, improvement, or repair of personal property.
    • Licensed Architects can perform professional services (design, planning) but may not engage in construction contracting without a PCAB license.

    Methods of Compensation

    • Five methods of compensation for architects and engineers:
      • Percentage Based on Project Construction Cost
      • Multiple of direct personnel expenses
      • Professional fee plus expenses
      • Per diem, honorarium, plus reimbursable expenses
      • Lump sum or fixed fee

    Workers' Rights and Employment Types

    • Four-fold test of employment:
      • Power to hire
      • Payment of wages and salary
      • Power to dismiss
      • Power of control
    • Five types of employment: Regular, Project, Seasonal, Fixed-Term, and Probationary
    • Regular employment requires a consistent connection between an employee's activities and the business's usual trade.
    • Project employment is for a specific project, ending when the project is completed.
    • Seasonal employment is for a defined season, with potential layoff during the off-season and re-employment during the season.
    • Fixed-Term employment requires a written agreement specifying the duration of employment.
    • Probationary employment allows an employee to prove his suitability for regular employment during a defined period.

    Benefits for Workers

    • Workers are generally entitled to benefits like: Social Security System (SSS), PhilHealth, PAG-IBIG, 13th month pay, and bonuses.
    • Other documentation required: contract, payrolls/ payslips, memorandums, and quit claims.

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    Related Documents

    BMAR - Lecture 3.pdf

    Description

    This quiz covers the three main forms of business organization: Sole Proprietorship, Partnership, and Corporation. It also discusses the importance of licenses and permits for architects and engineers in the Philippines, emphasizing the role of the Philippine Contractors Accreditation Board (PCAB). Test your understanding of these business concepts and regulations.

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