[OLPC-Philippines] SEC and PCNC requirements
Charles Chen
ideasman88 at yahoo.com.au
Sat Mar 21 17:04:55 EDT 2009
Hi Cherry and for the information of everbody,
1. The minimum paid-up capital requirement for a non-stock, non-profit corporation if registered with SEC is P1.0 Million. This was based on the information sheet given byt the SEC when I was attempting to register OLPC last year.
You can find the same information from the SEC home page and going to Main tab/ Guide to SEC requirements tab/ Corporations/Partnerships tab. This will lead you to a document titled SEC Registration Requirements (as of 5 Nov 2007). If you click on the non-stock corporations under the first heading (Registration of Corporations) it would lead you to the page listing the specific requirements for non-stock corporations.
I tried looking for a way we could this in another way because I personally did not have that amount of money. But unfortunately, I could not find a way around it. I understand this was not a requirement before and only became one recently.
A foundation is the legal term used to describe a non-profit organisation. The foundation can be a Non-Government Organisation (NGO). An NGO is an organisation that does not have any representation or participation from the government but perform a public service role usually played by a government insititution.
2. Based on the information provided by Philippine Council for NGO Certification (PCNC) website describes the following benefits of being PCNC certified:
"Donations to donee institutions are tax-deductible
and/or exempt from donor's tax (Section 34(H) and Section 101 of the
Philippine Tax Code). In other words, aside from being exempt from
donor's tax, local donors, whether individual or corporate, can deduct
the amount they have donated from their taxable income derived from
trade or business as computed without the benefit of the deduction.
Donations to some donee institutions, however, are subject to limited
deductibility: 10% for individual donors and 5% for corporate donors.
Thus, tax incentives
such as those mentioned above encourage local donations and, especially
in these times of dwindling financial resources from abroad, complement
PCNC's aim to strengthen private sector participation in our country's
social development."
However, for an NGO to be certified by the PCNC they also have to be non-stock, non-profit.
3. I am not a taxation expert so I am not sure whether the tax deductibilty can be retrospective. Normal business practice especially when it comes to applying tax exemptions is you can only use it moving forward after obtaining the exemption or at least within the same taxable year. But I have sent an email to the PCNC to ask this question. I will get back to you once they have answered.
Thanks.
Charles
--- On Sun, 22/3/09, olpc-philippines-request at lists.laptop.org <olpc-philippines-request at lists.laptop.org> wrote:
From: olpc-philippines-request at lists.laptop.org <olpc-philippines-request at lists.laptop.org>
Subject: OLPC-Philippines Digest, Vol 17, Issue 4
To: olpc-philippines at lists.laptop.org
Received: Sunday, 22 March, 2009, 3:00 AM
Send OLPC-Philippines mailing list submissions to
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When replying, please edit your Subject line so it is more specific
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Today's Topics:
1. Re: OLPC PH Stimulus Plan (Bernie Innocenti)
2. Re: OLPC-Philippines Digest, Vol 17, Issue 2 (Cherry Withers)
----------------------------------------------------------------------
Message: 1
Date: Fri, 20 Mar 2009 23:46:48 +0100
From: Bernie Innocenti <bernie at codewiz.org>
Subject: Re: [OLPC-Philippines] OLPC PH Stimulus Plan
To: OLPC Philippines/Pilipinas grassroots
<olpc-philippines at lists.laptop.org>
Message-ID: <49C41CD8.4000003 at codewiz.org>
Content-Type: text/plain; charset=ISO-8859-1
Jerome Gotangco wrote:
> Let me know when the domain olpc.ph is needed. It's just idle at the
> moment and would be glad to donate it as well when things are
> formalized on that end.
If needed, Sugar Labs would be happy to host the OLPC Philippines
website for free on one of our servers with lots of bandwidth.
We're already doing that for OLE Nepal.
--
// Bernie Innocenti - http://www.codewiz.org/
\X/ Sugar Labs - http://www.sugarlabs.org/
------------------------------
Message: 2
Date: Fri, 20 Mar 2009 22:29:04 -0700
From: Cherry Withers <cherry.withers at gmail.com>
Subject: Re: [OLPC-Philippines] OLPC-Philippines Digest, Vol 17, Issue
2
To: olpc-philippines at lists.laptop.org
Message-ID:
<958133bc0903202229i27e3bd5fo98f4b8a1b4544261 at mail.gmail.com>
Content-Type: text/plain; charset="iso-8859-1"
Dear Charles,
Thank you for starting this discussion. I do have a couple of questions
regarding your post.
1) I know that the 1M peso capital is needed to establish a foundation, but
there doesn't seem
to be a capital requirement to form a non-profit/non-stock NGO and a quick
look at the SEC-PH
website and an email from PCNC shows that the cost would be comparatively
minimal than forming
a foundation (around $1000). What are the benefits of forming a foundation
vs. a regular non-profit NGO?
2) Would a donation to a foundation be exempt from donor's tax vs. a
non-profit NGO? We might still have
get this added benefit even if we're a regular non-profit NGO by registering
for a DONEE certification with
PCNC :http://www.pcnc.com.ph
3) Since we have yet to raise the 1M peso capital to register to
organization, would the donations be retroactively
be exempt from the donor's tax after we've registered the foundation(if this
is in fact an added benefit of forming one)?
Thanks again.
Sincerely,
Cherry Withers
P.S. Jerome, the hosting that you're talking about for the olpc.ph name, is
that just for the domain name hosting or
that does include the site hosting as well? If not, I have an account on
www.bluehost.com that you guys can use
for a year.
On Sat, Mar 14, 2009 at 9:00 AM,
<olpc-philippines-request at lists.laptop.org>wrote:
> Send OLPC-Philippines mailing list submissions to
> olpc-philippines at lists.laptop.org
>
> To subscribe or unsubscribe via the World Wide Web, visit
> http://lists.laptop.org/listinfo/olpc-philippines
> or, via email, send a message with subject or body 'help' to
> olpc-philippines-request at lists.laptop.org
>
> You can reach the person managing the list at
> olpc-philippines-owner at lists.laptop.org
>
> When replying, please edit your Subject line so it is more specific
> than "Re: Contents of OLPC-Philippines digest..."
>
>
> Today's Topics:
>
> 1. OLPC PH Stimulus Plan (Charles Chen)
>
>
> ----------------------------------------------------------------------
>
> Message: 1
> Date: Fri, 13 Mar 2009 17:13:37 -0700 (PDT)
> From: Charles Chen <ideasman88 at yahoo.com.au>
> Subject: [OLPC-Philippines] OLPC PH Stimulus Plan
> To: olpc-philippines at lists.laptop.org
> Cc: Ellay Ricalde <MSRicalde at psbank.com.ph>, solutiongrove at gmail.com,
> Elleanarosa Ricalde <elleanarosa at yahoo.com>
> Message-ID: <471853.79615.qm at web54003.mail.re2.yahoo.com>
> Content-Type: text/plain; charset="utf-8"
>
> Hello everybody,
>
> I am sorry for being silent the last few months as I had been busy on other
> important matters. I hope despite the current economic situation, we
> continue to have a job or a source of income and continue our efforts to
> develop a viable model for using OLPC in the Philippines.
>
> In a similar way where governments across the world are implementing
> various stimulus programs to jump start their economies, I would like to
> start the same for our group in the Philippines to help me establish the
> OLPC Philippines Foundation.
>
> We will initially aim to raise P1.0 Million pesos which is the capital
> requirement for a non-profit, non-stock foundation to be registered in the
> Philippines. I will start the ball rolling with an initial donation of
> P5,000. I have asked my niece, Ellay Ricalde who is a branch manager at
> PSBank in Makati to help us in opening the required bank account and hold it
> in trust until we are able to reach the P1.0 million amount. While the money
> is in the account held in trust it cannot be withdrawn (only deposits can be
> made) by anybody (including her) until the company is registered and its
> articles of incorporation and by-laws are presented. After such time, the
> foundation will manage the funds raised.
>
> I would like to solicit help from the rest of the group in the following
> manner:
>
> 1. Nomination of at 4 other people who aside from myself to be the initial
> 5 trustees (I will be the fifth person) of the foundation. They shall be the
> people also who will assist in drafting the articles of incorporation and
> by-laws of the foundation.
>
> 2. Nomination of at least 3 members to compose the finance committee. We
> need to develop a program to raise the money we need not only to register
> the foundation but also our day-to-day activities. I know in the light of
> the current economic situation asking for donations will be difficult so we
> need to plan how to do this effectively and efficiently. One idea is
> soliciting the help of our local Congressman or other publicly elected
> official to make a donation to the foundation to start a OLPC pilot in his
> congressional district.
>
> 3. Nomination of at least 3 members to compose the pilot committe. I
> previously have mentioned a plan to do a school pilot with Don Bosco
> Mandaluyong. I have put this pilot on hold until a viable model has been
> identified on how to do this. Reading all the previous discussions which at
> some point became passionate if not heated, I decided we need first work out
> what will be the deployment model appropriate for us. Once that is finalised
> I can go back to Don Bosco to work with them to test this. For those
> involved in this committee we can now secure a minimum of 100 XO laptops for
> US$ 259 each for the pilot. I have enclosed the following links provided
> below by OLPC Australia for your reference.
>
> http://www.olpcfriends.org/2009/02/olpc-deployments-a-global-approach/
>
> http://wiki.laptop.org/go/Australia%27s_first_deployment
>
> http://laptop.org/en/participate/change-the-world.shtml
>
> Caroline, you may want to be involved here.
>
> The establishment of the foundation will help us have the needed legal
> entity to futher promote our activities. Once we are able to register
> ourselves as a tax exempt institution we can be an attractive receipient for
> tax deductable donations from private companies and individuals. And
> finally, with the financial resources available, we will be able to afford
> to cover some if not all the cost of our activities. Even if we all
> volunteer our time and effort (the example of Bernie Innocenti) we still
> need to have the needed funds to cover the out-of-pocket expenses involved.
>
> Bernie I will keep in mind once the right opportunity comes up for us to do
> this.
>
> Thanks.
>
> Charles Chen
>
>
>
>
>
>
>
>
>
> Stay connected to the people that matter most with a smarter inbox.
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