UNDER BOOK 1 OF THE OMNIBUS INVESTMENTS CODE OF 1987
Executive Order No. 226
1. OFFICIAL FILING OF APPLICATION
An application is considered officially filed upon submission of two (2) sets of the following documents and upon payment of the required filing/application fee (See Table 1).
- Prescribed application form (BOI Form 501) duly accomplished, signed by the authorized officer and notarized;
- Project Report (See Project Outline)
- Supporting documents
2. Preparation of PROJECT EVALUATION report by the Project Evaluation and Registration Department (PERD), including applicant’s publication of Notice of Filing of Application, BOI referral of the application to concerned government/private sectors (e.g., Department of Finance, Department of Science and Technology), and conduct of plant visit if necessary.
3. PRESENTATION by PERD of the project evaluation report to the BOI MANAGEMENT COMMITTEE
4. ACTION on the application for registration is rendered by the BOI BOARD OF GOVERNORS.
5. TRANSMITTAL OF NOTICE OF BOARD ACTION
Preparation by PERD of letter advising the applicant enterprise, of the Board action:
- Letter of approval including the pre-registration requirements, if application is approved; or,
- Letter of the Board action, if the application is denied or decision is deferred.
If there is no request for waiver/amendment of the pre-registration or registration conditions, proceed to Step No. 7.
6. PROCESSING OF ANY REQUEST of the applicant for waiver of pre-registration requirement(s), for amendment of timetable/ terms and conditions of registration, etc:
- PERD evaluates the request
- PERD presents the request and its recommendations to the BOI Management Committee if necessary.
- ACTION on the application for registration is rendered either by the BOI BOARD OF GOVERNORS, or by the Executive Director of the Project Assessment Group (PAG) as delegated by the Board.
- PERD prepares notice of BOI action on the request.
7. Applicant complies with the PRE-REGISTRATION REQUIREMENTS including payment of the required registration fee. (See Table 2).
8. PERD prepares and issues CERTIFICATE OF REGISTRATION (CR). See our flowchart
here
SUPPORTING DOCUMENTS
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Copy of Applicant’s DTI Certificate of Business Registration (if sole proprietorship) or Securities and Exchange Commission (SEC) Certificate of Registration (if partnership or corporation) including Articles of Incorporation/Partnership and By-Laws, amendments thereof and copy of the updated SEC-General Information Sheet (GIS).
- Copy of the enterprise’s Board Resolution authorizing its officer to transact, execute and sign in behalf of the applicant enterprise.
- Copy of clearances from proper authorities for waste disposal and emission control (if already available).
- Proof of the following may be required on case to case basis:
- Assured supply of major raw materials e.g., supply contract/agreement(s), contract growing arrangement(s), etc.
- Assured market, e.g., copy of letter(s) of intent, purchase order(s), proforma invoice(s), sales/marketing contract(s), supply contract/agreement(s), etc.
- Acquisition of equipment (if already acquired).
- Financial capacity of Principal Stockholders (e.g., Sworn Statement of Assets and Liabilities and latest Income Tax Return)
- Additional Requirement for existing enterprisesCopy of the Audited Financial Statements (AFS) and Income Tax Return (ITR) for the past three (3) years, or for the period the enterprise has been in operation if less than three (3) years:
- Additional Requirements for specific investment areas/activities
Requirements indicated in the current year’s Investment Priorities Plan (IPP) and/or those that the Board may require.
- Other documents that may be required.
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Table 1. Filing/Application Fees a
Classification |
Project Cost b |
MSE Fees c |
Regular Fees |
New/ Expansion |
|
|
|
Micro |
Not exceeding P3 million |
Waived |
1,500 |
Small |
Exceeding P3 million but not over P4 million |
375 |
1,500 |
Exceeding P4 million but not over P15 million |
750 |
3,000 |
Medium |
Exceeding P15 million but not over P 20 million |
Na |
3,000 |
Exceeding P20 million but not over P 50 million |
Na |
4,500 |
Exceeding P50 million but not over P 100 million |
Na |
6,000 |
Large |
Over P 100 million |
Na |
6,000 |
| Existing |
Assets |
|
|
Micro |
Not exceeding P3 million |
Waived |
1,500 |
Small |
Exceeding P3 million but not over P15 million |
375 |
1,500 |
| Medium |
Exceeding P15 million but not over P 100 million |
Na |
1,500 |
| Large |
Over P 100 million |
Na |
1,500 |
Table 2. Registration Fees
Classification |
Project Cost b |
MSE Fees c |
Regular Fees |
New/ Expansion |
|
|
|
Micro |
Not exceeding P3 million |
Waived |
1/10 of 1% of project cost, but not less than P3,000; and not to exceed P15,000. |
Small |
Exceeding P 3 million but not over P 15 million |
25% of 0.1% of project cost. But not less than P3,000. |
Medium |
Exceeding P 15 million but not over P 100 million |
Na |
Large |
Over P 100 million |
Na |
| Existing |
Assets |
|
|
Micro |
Not exceeding P3 million |
Waived |
3,000 |
Small |
Exceeding P3 million but not over P15 million |
750 |
3,000 |
|
Exceeding P15 million but not over P 100 million |
Na |
3,000 |
| Large |
Over P 100 million |
Na |
3,000 |
a. There is additional fee for Legal Research Fund(LRF), equivalent to 1% of filing fee but not lower than Php 20.00 as per P.D. 1856.
b. Project cost includes loan but excludes cost of land
c. Under the 2009 Investment Priorities Plan (IPP), Micro enterprises are exempted from payment of application and registration fees. Small enterprises are entitled to seventy five percent (75%) reduction in application and registration fees.
Reduced fees shall apply to projects that meet both of the following conditions, otherwise the regular fees shall be applied:
- The enterprise satisfies the definition for MSEs under RA 9501 amending the Magna Carta for Small Enterprises, as follows: Any business activity or enterprise engaged in industry, agribusiness and/or services, whether single proprietorship, cooperative, partnership or corporation whose total assets, inclusive of those arising from loans but exclusive of the land on which the particular business entity’s office, plant and equipment are situated, must have value falling under the following categories:
Micro: |
Not more than P 3,000,000 |
Small: |
P 3,000,001 to P 15,000,000 |
- The cost of the project proposed by the enterprise, exclusive of the cost of land on which the particular business entity’s office, plant and equipment are situated, shall not exceed fifteen million (Php15,000,000). Likewise, authorized capital shall not exceed fifteen million (Php15,000,000).
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