Business and Investment Solutions. BES Law provides legal solutions to various requirements of businesses and investments. We provide advisory services on business registration laws, rules and regulations. The Firm will work from the inception of the commercial undertaking, to the establishment and registration of the business entity and procuring post-organization permits and authorizations. In securing the requisite licenses, it will be ensured that requires prescribed by the Securities and Exchange Commission, the Department of Trade and Industry, the Bureau of Internal Revenue, Social Security System, concerned local government units (LGU), and other agencies are complied with.
Further, the Firm provides support in obtaining special registrations such as those granted by the Philippine Economic Zone Authority (PEZA), the Board of Investments (BOI), the Philippine Overseas Employment Agency (POEA), Department of Environment and Natural Resources (DENR), and the Philippine Gaming Corporation.
Also, the Firm provides advisory services to both local and foreign investors. We provide assistance on ownership, composition and local to foreign equity limits; investment structure, tax framework and exit strategy; industry requirements; banking system and the repatriation of capital, profits, dividends and royalties; investment locations; incentive schemes; and dealings with regulatory authorities. BES Law is a one-stop legal solutions provider for businesses.
Contracts and Documentation. The Firm drafts, reviews and amends, as well as properly document contracts and agreements, including the list below, to ensure compliance with current legal requirements:
- Joint Venture Offers and Agreements;
- Shareholders and Subscription Agreements;
- Contracts to Sell and Deeds of Sale;
- Real Estate and Chattel Mortgages;
- Franchise and Licensing Agreements;
- Contracts of Lease;
- Bank Loan and Facilities, and Project Financing Agreements;
- Employment Contracts and Contracts for Services;
- Supply Contracts;
- Project Consultancy Agreements and Project Management Contracts; and
- Memoranda of Agreements (MOA) and Understanding (MOU).
When required, the Firm shall actively participate in the transaction underlying the contract from exploratory talks, to negotiation, and the preparation and signing of agreements. Its active participation, especially in the drafting state, is encouraged as a preventive measure to avoid contractual ambiguity and litigation.
Corporate Legal Services and Special Projects. BES Law’s corporate legal services cover many aspects of business operations. The Firm works with the management on such matters as:
- Joint ventures and mergers and acquisitions;
- Due diligence;
- Evaluation of liability exposure and tax consequences;
- Formulation and implementation of corporate policies and strategies in marketing, business development, and other operational concerns;
- Intellectual property rights registration, protection, enforcement, and licensing;
- Receivables and collections management; and
- Solutions to the concerns of the organization’s different business units.
The Partners at BES Law have previously advised corporations and businesses in different industries such as real estate, banking and finance, construction, BPO providers, media, business holdings, ship-manning and overseas employment, commodity trading, business consultancy, semi-conductor sales and manufacturing, bunker oil retailing and trading, automated teller machines dealership, health and wellness, gaming (e-casino), education, and metal parts manufacturing and assembly, including government-owned and controlled corporations (GOCC).
In addition, the Firm also renders corporate secretarial services that include:
- Administration, maintenance and custody of papers and other legal documents;
- Attendance in directors’ and stockholders’ meetings;
- Drafting and preparation of board resolutions and other authorizations on various corporate transactions and dealings;
- Compliance with reportorial requirements of the SEC and other agencies; and
- Amendment of corporate papers and documents.
Employment and Immigration. The Firm’s labor practice covers employment standards and labor relations. It works on employment contracts, service agreements, labor claims, and the handling of labor conflicts through the usual and alternative modes of dispute resolution such as arbitration. The Partners have numerously appeared before the National Labor Relations Commission, the Court of Appeals and the Supreme Court on various labor matters. We have likewise handled matters before the National Conciliation and Mediation Board, the Philippine Mediation Centers and various individual arbitrators.
BES Law assists in securing alien employment permits (AEP) for foreign personnel in the Philippines and consequently, securing work visas from the Bureau of Immigration. The other immigration matters that the Firm handles include the renewal of visas, processing of dual citizenship, investor’s visas, and retiree’s visa. Its services include the preparation of application requirements, advisory services on current immigration rules and regulation, and appearances before the concerned authorities for proper representation.
Knowledge Support. The Partners at BES Law may be invited as resource speakers on legal matters including civil law, rules of procedure, corporate and investment laws, business regulations, taxation, employment, retail trade, franchising, intellectual property, product regulations, and import procedures. To date, we have appeared in seminars organized by the Singapore government’s International Enterprise Board (IE Singapore) and Singapore-based Astreem Corporation Pte Ltd for inbound and outbound investors in Singapore, Malaysia and the Philippines.
Further, the Firm may undertake legal research work local and foreign-based individuals and entities. It may also be engaged to render other legal process outsourcing (LPO) services.
Litigation and Dispute Resolution. The Partners of BES Law have represented clients before different adjudicative bodies involving a broad spectrum of litigious matters. They are very competent in the preparation of pleadings and highly proficient with procedural rules having appeared repeatedly before the Municipal and Regional Trial Courts, the Court of Appeals, the Supreme Court, the Sandiganbayan, National Labor Relations Commission (NLRC), Housing and Land Use Regulatory Board (HLURB), and the Ombudsman.
Further, their litigation practice extends to cases that go through arbitration and other alternative modes of dispute resolution. They have appeared before the National Conciliation and Mediation Board, the Philippine Mediation Centers and various Maritime Arbitrators. In addition, the Firm may represent concerned parties before fact-finding bodies such as the different committees of the Philippine Senate and the House of Representatives.
Subject matters handled include insolvency, nullification of marriage, recover of property, estafa and violation of the Bouncing Checks Law, debt recovery, damages, insurance claims, labor claims, breach of contract, the enforcement of contractual rights, inter- and intra-corporate disputes, suspension of payments, and corporate rehabilitation.
Mining and Natural Resources. The Firm can assist in securing mining and quarrying licenses and other requisite clearances and permits from concerned national government agencies and local government units with respect to the extraction and utilization of natural resources.
Public Sector Participation. The extensive experience of the BES lawyers in government allows the Firm to provide reliable assistance to the private sector, both local and foreign, in their participation to projects undertaken by the national and local agencies for government-sponsored and foreign-assisted projects. The Firm’s consultancy services may be secured at the preparatory phase, pre-qualification stage and post-bidding or post-award transactions, even during the execution period of each undertaking. The Firm is very knowledgeable in the Expanded Built, Operate and Transfer Law and relation legislations, rules and regulations. Legal compliance and adherence to the project’s terms of reference and the applicable laws shall be ensured at all times.
Real Estate. The Firm offers a full range of real estate services involving land ownership and foreign participation to real properties; land registration, land conversion, reconstitution of tile; quieting of title; ejectment and other modes of property recovery; registration of sale and other encumbrances; transfer of title; partition; expropriation; reclamation; project compliance; acquisition and sale; and joint venture developments. The lawyers at BES Law are very much adept in dealing with the concerned government agencies such as the Register of Deeds, Bureau of Lands, Department of Agrarian Reform, Housing and Land Use Regulatory Board, Philippine Export Zone Authority, Philippine Reclamation Authority, and various local government units.
With respect to project compliance, the Firm may assist developers of residential, commercial and tourism real estate projects in securing the necessary permits and licenses such as:
- Zoning and reclassification ordinances;
- Building and development permits, and other local government authorizations;
- Environmental Clearance Certificate (ECC);
- Certificate of Registration (CR), License to Sell (LS), and zoning certification;
- Occupancy permits and related clearances;
- Special economic zone registration to provide incentives to the projects; and
- Agrarian reform certification and clearances.
The Firm may also assist the project developer in drafting the master deed for condominium projects, deed of restrictions and design and broker accreditation guidelines; and in negotiating with financial institutions in order to provide competitive financing schemes to purchasers.
Retail Trade and Franchising. BES Law provides assistance to foreign retailers in their Philippine ventures by direct investment and franchising or any other partnership arrangements with local counterparts. Together with foreign partners, we also assist local retailers in their expansion to other countries like Singapore and Malaysia. BES Law will supply the necessary legal support in establishing the business in the Philippines or overseas. Its services include advising on commercial laws and business registration rules and regulations; drafting the appropriate agreements and the preparation of relevant papers; ensure the registration of trademarks and other intellectual property rights; and the compliance with industry requirements.
Shipping and Maritime. The Firm’s services in this field covers such areas as the arrest of a vessel; prosecution and defence of vessel collision; claims for damaged and lost cargo; crew claims fro injuries, illnesses, death, and disappearance; and passenger claims for losses, injuries and death.
The Firm also provides advisory services on corporate concerns and other legal matters peculiar to companies and businesses involved in the maritime industry such as ship-owners, marine surveyors, ship agents, boat charterers, and ship-manning agencies.
BES Law may be engaged to appear and represent before appropriate government agencies such as the MARINA, Philippine Coast Guard, Philippine Ports Authority, and the Philippine Overseas Employment Agency.
Tax Advisory and Litigation. BES Law handles the prosecution of judicial and administrative claims for refunds and assessment of excise taxes, VAT, documentary stamps, and other taxes imposed upon individuals and entities. The Partners of the Firm has previously dealt with such claims for and on behalf of importer/exporter of alcoholic beverages, automobiles and vehicle parts manufacturer, and furniture exporter. The Firm’s Services include appearances before the Court of Tax Appeals, representation at the Bureau of Internal Revenues, and preparation of pleadings and other application documents for tax claims. BES Law may also render opinions on cost-effective tax structure, corporate taxation concerns, applicable double taxation agreements, and tax incidents of personal and commercial transactions including sales, importation and exportation of goods and services, corporate real property acquisitions, and joint ventures.
Labor and Employment Counselling & Litigation. BES Law handles various matters covered by the gamut of Philippine labor and employment laws. Our lawyers have extensive experience in representing clients before the Department of Labor and Employment (DOLE) and its regional offices, the Philippine Overseas Employment Agency and the National Labor Relations Commission. Our lawyers also render counseling and consultancy to various companies through their respective human resource departments to ensure that businesses achieve their optimal work-relations potential through industrial peace.