Pprac3 - Mod 1-3
Pprac3 - Mod 1-3
Definition
• A company which employs one or more licensed architects and
practices the profession of architecture.
• A company which specializes in providing architectural services to
clients. Such firms typically hire architects along with support staff
who help the architects do their jobs, and may be part of larger
company which handles many aspects of design and construction
process, from contracting to interior decorating.
• In RA 9266, Architectural Firm means a sole proprietorship, a
partnership or a corporation registered with the proper government
agencies.
Legal Requirements
Company registration or setting up a legal Philippines entity is an important process.
There are several choices for firm’s legal structure. Here are the most common organized
under Philippine laws:
• Sole proprietorship
• Partnership
• Corporation
Sole Proprietorship is a business structure owned by an individual who has full
control/authority of its own and owns all the assets, personally owes and answers all
liabilities or suffers all losses but enjoys all the profits to the exclusion of others.
General Practitioner (any projects that comes through the door) A Sole Proprietorship must apply for a Business Name and be registered with the
Department of Trade and Industry- National Capital Region (DTI-NCR).
• Most design firms will start in an opportunistic manner.
Requirements for registering your business name under Sole-Proprietorship:
• Having a project to do is a prerequisite to starting a firm.
• Certificate of Business Name Registration from the Department of
• All opportunities need to be explored, but not all opportunities must Trade and Industry (DTI) [READ: Registering a business name]
be accepted.
• Barangay/ Municipality/ Regional clearance (depending on the
• Accepting any project that comes along can lead to a strong scale and scope of the intended operations)
generalist practice and can be a strategic choice in itself.
• Business permit from mayor’s office
• Generalist practices may be particularly successful for firms
established in smaller communities.
• Business Tax Identification Number (TIN)
Pros:
• The downside of this strategy is for many practitioners and start-ups
is that it may limit the depth of professional knowledge acquired • The process of registration is easier. You don’t need to register with
the Securities and Exchange Commission (SEC) or Cooperative
over time, leading to fewer opportunities for complex projects.
Development Authority of the Philippines (CDA).
• The process of business registration is also less expensive.
• You have full control and ownership of your business.
• You don’t need to comply with the regulations and reportorial
requirements of SEC or CDA.
• Closure or cessation of business is easier than closure of
corporation, partnership or cooperative.
• Filing of taxes with the BIR could be more efficient since you and
your proprietorship business share one and the same Taxpayer
Identification Number (TIN).
• You don’t need to pay for documentary stamp tax on the issuance
of original subscription of shares of stock since proprietorship has
no shares of stock unlike a stock corporation.
Cons:
• Sole proprietorship is less attractive to investors since the transfer
of ownership is difficult compare to a corporation which can easily
transfer shares of ownership through assignment.
• Once you decide to expand and incorporate your business, you will
need to cancel your sole proprietorship business registration with
the BIR which can be a difficult process.
• A proprietorship business ceases to exist when the proprietor dies. Virtual Office
While a corporation can continue to exist even if its stockholders die This office arrangement offers users a professional ambience and permanent telephone
since shares of ownership are transferable and assignable to number with answering services, and in some cases mail handling, while reducing the
another person or entity. overhead costs of a traditional office.
• The liability of a proprietorship business is unlimited. This is not a physical space rental.
Particularly attractive to firms without a dedicated or permanent office space that would
• Corporations are more appealing to big customers than a benefit from having fixed contact information for calls and mailings.
proprietorship since the latter are still considered a small business
and it only has one owner. Co-working Space
A work space shared with other professionals, within or outside the design disciplines, is a
• Since your proprietorship business is sharing the same TIN with popular office concept.
you, your business tax deficiencies will also reflect to your personal These workplaces are set up to foster interaction between users.
taxpayer’s record. Sole practitioners seeking potential synergies and collaboration with other like-minded
*** industry colleagues, or simply seeking to simulate the congeniality of the office environment,
Partnership is a Midway between the sole proprietorship and corporation is the may benefit the most from this space arrangement.
partnership form of business.
Partnerships are registered in the Securities and Exchange Commission. Shared Office
Some types of business must be partnerships. Some types of professional practices, Subletting office space from an established firm or sharing permanent office space with a
like law and accounting, can only be organized as partnerships. number of other sole practitioners is the most conventional of the flexible office arrangements.
If you are the main investor, and the one personally liable, this position is called For the leaseholder, there are some obvious benefits such as sharing overhead as well as
the general partner. The others are called limited partners because they have only having tenants who offer unique skill sets and professional services.
limited liability, as if they were shareholders in a corporation. For start-up renters, a shared office space could offer benefits such as reduced start-up time
Under the Civil Code of the Philippines, a partnership is treated as juridical person, and cost efficiencies.
having a separate legal personality from that of its members. While these arrangements are often short-term, since firms outgrow their shared office space
It consists of two (2) or more partners. A partnership with more than three thousand arrangement, some firms may find natural synergies and ultimately consider long-term lease
pesos ( 3,000.00) capital must register with Securities and Exchange Commission commitments to capitalize on both the cost-sharing benefits and the partnering opportunities.
(SEC).
*** Logistics - Infrastructure
Corporations are juridical persons established under the Corporation Code and Full suites of Internet-based applications can be easily hosted with basic functionality at no
regulated by the Securities and Exchange Commission with a personality separate and cost, and open-source (nonproprietary) applications have lowered the historical software
distinct from that of its stockholders. acquisition investment costs for new businesses
The liability of the shareholders of a corporation is limited to the amount of their share Telecommunications tools, such as Skype® Internet phone service and web-meeting services
capital. It consists of at least five (5) to fifteen (15) incorporators each of whom must provide relatively low-fee services while considerably improving the lines of global
hold at least one share and must be registered with the Securities and Exchange teleconferencing for firms of all scales.
Commission (SEC). Minimum paid up capital: five thousand pesos ( 5,000.00). Cloud-based data sharing tools like DropBox® allow multiple users to access electronic files
A corporation can either be stock or non-stock company regardless of nationality. Such from a remote, independently hosted server that is hosted for a monthly fee, thereby
company, if 60%-Filipino, 40%-foreign-owned, it is considered a Filipino alleviating the business owner of the typically higher hard and soft costs of maintaining and
corporation; If more than 40% foreign-owned, it is considered a foreign-owned periodically upgrading a conventional in-office server.
corporation.
Pros: Logistics - Financial Resources
• Limited liability Start-up financing is difficult to obtain as architecture firms and their owners are required to
• Relatively easier to get additional capital for it meet stringent loan eligibility criteria. Without considerable personal savings or personal
Cons: loans, start-ups need to be wise with their resource allocation and thoughtfully prioritize office
start-up investments. While firm IT infrastructure needs can be obtained at a minimal cost,
• Double taxation there are still significant financial
Choosing the appropriate legal structure for your company has a profound impact on its eventual success, so do not
considerations take
that this to
needs decision lightly. at the outset of setting up a professional services
be addressed
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crucial matter if you have a basic understanding of the advantages and disadvantages of the options. marketing and business development, salaries (for the founder and/or staff), and supplies.
Approaches to gathering start-up
financing specially for new firms without established credit history:
Financial Setup
• Secure personal funding and loans through: Credit cards; Personal loans;
• Financial planning is a vital part of getting ready to open a new firm. Vendors and supplier loans.
• Key task in the financial setup are the following: • Securing investors through: funding spin offs and; partnership
o Accounting system arrangements.
o Establishing tax identification and filing status • Secure grant funding through micro financing or crowd funding.
based on legal structure
o Business bank account Marketing
o Professional advisers including an accountant Social media tools provide a means of online communication between the user and a
and attorney larger audience.
o Start up funding Marketing for a start-up is a relatively accessible and cost-effective endeavor with the
Many firms seem to have the potential for success, yet because of poor financial relative abundance of powerful and popular Internet-based social media applications—
management, they fail. An accountant is the one member of your professional specifically Facebook©, Twitter©, Pinterest© and LinkedIn©
team who can best help keep your finances in order. In fact, many consider Start-ups can use these social media applications to create a platform for broadcasting
finding a good accountant the most vital ingredient for success. updates and virtually any message at the click of a button.
-Peter J. Patsula
(Finding A Good Accountant, Banker, Insurance Agent & Lawyer) Consider the following when using social media:
Logistics - Facilities
• Who is the potential audience
Logistics is the detailed coordination of a complex operation involving many people, • Motivations and objectives behind such a marketing approach and
facilities, or supplies. the value of content being broadcasted through these potentially
Facilities - Home offices keep overhead low and are eligible for tax deductions, their “viral” media tools, and
inherent cost-effectiveness and flexibility is a natural fit for many solo practitioners and • The commitment and level of effort to maintain these applications.
startups.
Self Awareness
As a founder, the key to successful strategic and opportunistic choices is self-
knowledge in two key areas: level of comfort with collaboration and tolerance for
risk.
Founders with self-awareness and integrity about these two issues can successfully
shape a firm based on their own values and proclivities, using their understanding of
self as a primary firm design criteria.
Level of Comfort with Collaboration
How much trust and how much control feels comfortable to a firm’s founder is a
function of personality and inclinations. The comfort zone will vary for different types of
decisions; for example, a founder may feel comfortable collaborating on project
management, but not allow collaboration on design decisions.