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A FEASIBILITY STUDY ON PINOYFLAVORED PIZZA

MANAGEMENT AND LEGAL STUDY


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CHAPTER 4 MANAGEMENT AND LEGAL STUDY`

Management and Organization

TYPE OF OWNERSHIP

Filipizza Company is a partnership type of organization. A partnership is an organization where two or more persons bind themselves to contribute money, property, or industry into a common fund with the intention of dividing profits among themselves (New Civil Code, Article 1767).

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As to Liability and Property

As to liability, Filipizza Company is a General Partnership wherein all partners are liable up to the extent of their personal property. On the other hand, as to property, Filipizza is a Universal Partnership of Property wherein all partners contribute all their properties into a common fund.

Partners Roles

1. The partners are co-owners of the partnership property. It means that when a partner invests his land or building, this ceases to be his personal property, instead it becomes joint property of all partners.

2. The partners have unlimited liability. The partners become individually liable for all partnership debts in the event that the partnership assets are

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not sufficient to cover up its liabilities. This means that the partnership creditors can attach or seize personal properties of the partners if their claims cannot be fully satisfied by the partnership assets.

3. The partnership is bound by the acts of any of the partners since they are considered agents of the partnership for the purpose of carrying activities.

GENERAL MANAGERS (2)

Production Heads (2)

ORGANIZATIONAL CHART

Kitchen Cooks (2)

Cashiers (2)

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Service Crews (2)


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SHAPE \* MERGEFORMAT

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Exhibit 28: ORGANIZATIONAL CHART OFFICERS AND KEY PERSONNEL

It is very vital in all business organization to know their manpower requirements to operate systematically and effectively at all times. It will help also to determine the capacity or capabilities of the employees to fit in the flow of
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business as well as to have a clear duties and responsibilities. Having standard qualifications in hiring and selecting, the employee will establish efficient business operations.

POSITION

JOB DESCRIPTION - Responsible for the overall supervision and monitoring of all subordinates - Responsible for the administration of all management functions planning, organizing, controlling and directing - Handles the implementation of policies, rules and regulations all throughout the organization - Responsible for the overall ongoing production operations Serve as lead cook in the kitchen Perform various job duties that will include cooking, baking of pizza and other duties in accordance with kitchen needs. -

JOB SPECIFICATION - College graduate of 4year Management Degree - At least years of working experience in food chains - With pleasing personality - Qualified college graduate, male or female - Very good in decisionmaking and good in handling people - Good communicative skills

General Manager (2)

Work requires effective communication in English, both verbal and written form in a professional manner. Work requires a minimum of 3 years of experience as a cook.

Production Heads (2)

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Perform preliminary preparation work in a timely manner. Ensures ingredient supply levels are accurate.

Work requires ability to work from a standing position for extended periods of time. Work requires a neat appearance with good personal hygiene.

- Prepare and cook pizza orders following specific cooking instructions Cook (2) - Maintain sanitation, health, and safety standards in work areas - Clean food preparation areas, cooking surfaces and utensils - Verify that prepared food meets requirements for quality and quantity

- Must be a graduate of a 2-year course in Hotel and Restaurant Management Services or a 4-year course Hotel and Restaurant Management - With a minimum six months of experience on catering services or restaurant services - Can work under minimal supervision

Service Crews (2)

Prepare food, clean and complete other tasks as assigned Responsible for taking of orders, seating customers, washing dishes, bussing tables and delivering food to hungry customers

- College undergraduate or a fresh graduate of any 2-year or 4-year course - Must have a background on hospitality management - Must have cooking abilities

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- Can work under minimal supervision Cashiers (2) Greet customers politely at all times Ensures good customer relations by giving friendly service to them Handles money/sales properly Eliminate loss of the store by accurately receiving payment and giving of charge Must be a graduate of any 4-year course under hospitality management courses or business management courses Must handle transactions smoothly Honest and reliable Can work under minimal supervision

Table 52: OFFICERS AND KEY PERSONNEL JOB DESCRIPTIONS AND SPECIFICATIONS

EMPLOYMENT PROCESS

1. Applicants will be passing an application form or resume with 2x2 colored photo to the General Manager. 2. The general manager will analyze the contents of the resume and will call the applicant for the initial examination if interpreted to be satisfactory.
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3. The manager will provide an initial exam which contains basic and abstract questions. 4. If the applicant passed the initial exam, he will be provided a reviewer containing the menu of Filipizza as well as their corresponding descriptions. 5. The applicant will be asked to return after three days for three final exam based on the reviewer provided. 6. If the applicant passed the final exam, he will be immediately interviewed for final screening. 7. After the final interview, if passed, will be given the list of requirements to be complied for a specific period of time. 8. After compliance of all the requirements, the applicant will be scheduled for orientation together with the other applicants. 9. After the applicants are oriented, they will be trained for one week regarding the operations of the business applying the basic principles of the company.

Employment It is the companys policy to select applicants based on the following

factors: Mental aptitude Social skills

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Physical fitness Strength and weaknesses Experience As such only applicants who passed the qualifying examinations, series of interviews, medical examinations and background investigations shall be considered for employment.

Employment Requirements pieces 2x2 pictures pieces 1x1 pictures NSO Authenticated Birth Certificate NBI and Police Clearance Working Permit SSS Number Health card TIN Number Drug test Medical examination Barangay Clearance

CLASSIFICATION OF EMPLOYEES According to Rank

Managerial Employee One who is vested with powers or prerogatives to lay down and execute management policies and/or hire, transfer, suspend,

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lay off, recall, discharge, assign or discipline employees.

Supervisory Employees One, who, in the interest of the employer, effectively recommends such managerial actions if the exercise of such authority is not merely routinely or clerical in nature but requires the useof independent judgment.

Rank-and-file employee all other employees not falling within any of the above definitions.

According to Status

Contractual or Seasonal An employee is hired for a specified period of time under an agreement prior to or at the time of employment.

Probationary an employee is hired on a probationary basis for a period not to exceed six (6) months.

An employee is hired on a regular status upon satisfactory completion of the probationary period and upon satisfaction of the criteria necessary for appointment as regular status.

The company reserves the right to amend the above classification or


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create sub - classifications as the circumstances of the business may require.

Orientation All newly hired employees regardless of classification of rank and status must undergo on orientation and indoctrination as to the Companys vision, mission, policies, rules and regulations, duties and responsibilities and menu familiarization

Personnel Records It is the responsibility of the company to update and maintain personnel records. It should contain the following document and records: Resume with 2x2 colored photo

Test results

Interview impressions Mayors permit and health certificate (to be renewed every calendar year) Transcript of records TIN,SSS,PHIC,HDMF numbers Employment Contracts Performance Evaluation forms Certificate of trainings attended Leave and violation records
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If there are changes in an employers personal data such as residence address, civil status, dependents, etc, a report should be made for updating purposes. Withholding information and failure to report will result in willful breach of trust wherein continuance of service will be questioned.

Contracts of Employment All employees shall duly sign, execute and deliver the corresponding Contract of Employment. All employees shall thereafter be issued a company identification card, which must be worn at all times during working hours.

CODE OF ETHICS

Hygiene and Sanitation

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All employees must observe must observe the highest standard of hygiene and sanitation. Employees must be well-groomed and continue with their work, wearing clean and proper attire. For this purpose, the term well-groomed shall mean proper haircut, cut fingernails, use deodorant, and clean and regularly washed hands. For this purpose, the term clean and proper attire shall likewise include newly-washed and properly-ironed attire, no excessive dirt on clothes and shoes, and proper and complete company uniform worn properly.

Arrival and Departure of Employees

All employees regardless of status and rank, must submit all personal belongings for inspection upon entering the company premises. Inspection will include a tickler which shall list all contents of his bag, down to the smallest detail. All personal belongings are restricted within the locker area while the employee s on-duty. It is strictly prohibited to bring in any personal belongings based on the tickler as well as body frisking. If found questionable items in his possession, this shall be reported to the manager on-duty immediately for proper action. Procedure for Notices/Bulletin Boards

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Management shall post all notices, announcements and memoranda of general application on the bulletin board. Ignorance is not an excuse and it is incumbent on each employee to regularly check the bulletin boards for new notices, announcements or memoranda. No employee is allowed to post or remove any document on the bulletin board without the prior permission from the management.

Notice of Disciplinary Action In accordance with the due process requirements of the Labor code, as amended, all employees found or reported to have committed a violation of the company rules and regulations shall be given a written notice to explain, and shall be given the opportunity to explain why no disciplinary action should be imposed against him. Thereafter, any disciplinary action to be imposed by the management shall again be indicated in writing and duly furnished to the affected employee.

Code of Conduct Without in any limiting the prerogative of the company to amend, modify, revoke, or add to the ff. List of offenses, the following acts and mere attempts to

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commit such acts, even if unsuccessful, shall warrant the corresponding disciplinary actions.

Kinds of Penalties Employees are subject to penalties according to their violations made during their employment.

Written Report of Warning (WR) It is the notice calling all the attention to the offense and warning the offenses against repetition of such violation in the future. Suspension (3D/6D/9D) If a worker has committed offense for the second or third time, he is subject to suspension. He will be detached from the organization with the designated period of time without payment.

Termination (TR)

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Termination will be given to employees who have committed a major offense. The employee will be dishonorably separated from the organization. Offenses * Tardiness * Absence without leave * Loitering or unauthorized leaving of post * Extending break period * Unauthorized use of company time for personal pursuit * Insubordinate or disobedience to superior * Negligence or carelessness * Unauthorized use or misuse of company property * Willful destruction of company properties * Discourtesy towards consumers, suppliers, superiors and co-workers * Using profane language or obscene language to superiors WR 3D 6D 9D TR

1st

2nd

3rd

4th

5th

1st
1st 1st

2nd
2nd 2nd

3rd
3rd 3rd

4th
4th 4th

5th
5th 5th

1st

2nd

3rd

4th

5th

1st 1st 2nd 3rd

2nd 4th

3rd 5th

1st

2nd

3rd

4th

5th

1st 1st 2nd 3rd

2nd 4th

1st

2nd

Offenses

WR

3D

6D

9D

TR

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* Stealing or attempting to steal properties of the company or of the co-workers * Failure to comply with company rules and standards on security & safety and health & sanitation *Failure to comply with health, security and safety requirements of the company

1st 1st 2nd 3rd 4th

1st

2nd

3rd

4th

*Immortality or scandalous acts

1st

Table 53: KINDS OF OFFENSES

COMPANY RULES AND REGULATIONS

Employee Discipline This handbook on Employee Discipline is intended to promote a

harmonious employment relationship and healthy working environment. At Filipizza, employment relationship is primarily anchored on

Unparalleled Client Satisfaction, Teamwork, Respect for the Individual, Developing People, Diversity, Shareowners Trust and Integrity. Guided by these values, we create an environment that does not only attract but also develops and rewards highly effective people and be recognized as one of the best companies to work.

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In resolving conflicts and infractions, Filipizza encourages creativity and initiative through dialogues, coaching and mentoring. Should all these fail, stiffer yet commensurate measures may be taken, not so much to punish but to correct errors and prevent its recurrence, so that the Handbook also becomes an instrument to enhance work performance. We encourage all employees to thoroughly study this Handbook and be familiarized with the expected rules of conduct. Ignorance of the provisions contained in the Handbook and subsequent related revisions, does not excuse an employee from its observance and sanction prescribed for violations.

Policy on Attendance and Punctuality At Filipizza, employee attendance is important to achieving organizational

goals. All employees, regular or otherwise, are required to follow procedures in taking leaves and notifying absences. As a food industry, the company heavily relies on complete attendance and a sufficient workforce to meet its day-to-day business volume requirements. An unmanned post, as a result of unplanned and unexpected absences and leaves does not only affect operational synergies but also immediately results to losses in earnings, revenues and penalties due to the inability to meet business demands with necessary headcount.

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Unannounced and/or unapproved absences immediately and directly impact the companys service levels to its clients since an unmanned post results in lost hours, inability to adhere to line requirements, productivity targets, service levels. These issues cause the company to suffer substantial losses due to lost revenues. Thus, the supervisor is tasked to manage the attendance of his/her subordinates, specifically through the following activities: Monitoring his/her subordinates daily attendance (including

tardiness, undertime, overtime, leaves, etc.) The supervisor is required to conduct a one-on-one coaching session with the employee who had incurred 2 instances of absences during his probationary employment. Recognizing the employees effort to comply with the attendance and punctuality policy. Issuing disciplinary action to employees violating the policy on attendance and punctuality. Towards this end, this policy on attendance and punctuality aims to establish the guidelines and monitoring scheme of employees attendance and punctuality.

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Official Work Hours A. Employees are required to work eight (8) hours a day, with a one (1) hour paid meal break, as scheduled on a six-day week basis.
B. Depending on operational demands, the immediate supervisor may

require an employee to work on the 6th day and during his/her rest day. The employee shall be paid additional compensation for work performed on these days. Tardiness

1. An employee is considered tardy when he/she reports for work after the start of his official work hours or shift schedule. Every two (2) instances or an accumulation of 30 minutes of reporting late for work whichever comes first shall constitute one offense of TARDINESS.
2. An employee who is required to work at a given schedule on his/her 6 th

working day shall be considered tardy if he/she reports for work after the start of the official work schedule. Since additional compensation for the 6th working day is based on the actual hours worked, there shall be no corresponding tardiness deduction during this period. However, the tardiness shall be subject to disciplinary action. 3. All tardiness offense of an employee shall be cleared one (1) year from the date of his/her last disciplinary action for tardiness.
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Undertime An employee is liable for the offense of unauthorized Under-time when he

leaves work before the end of his official work hours or shift schedule, without the written consent and approval of his/her supervisor. 1. In case of emergency, which requires the employee to leave before the end of his 8-hour work, he shall secure prior approval from his immediate supervisor. For purposes of this policy, emergency situations shall refer to all circumstances that endanger the life and/or property of the employee and his immediate family. Immediate family shall be limited to spouse, children, parents and siblings only. Emergency situations involving other members of the family may be allowed with prior consent and approval of the supervisor. 2. Under-time shall be deducted from the employees month-end payroll.

Vacation and Sick Leave Notification

VACATION LEAVES 1. The request shall be submitted to the immediate supervisor for prior approval at least two (2) working weeks before the starting date of the leave. However, where the vacation leave shall exceed 3 days or

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more, the leave form must be submitted at least 1 month before the start of the leave duly approved by the manager. 2. The manager shall be the final approving authority and has the prerogative to recall the leave/s duly approved the supervisor. 3. The management reserves the right to defer, refuse, cancel and recall all leave applications during critical work dates or as operational needs and exigencies require. In cases of cancellation or recall of leaves, the management shall inform the employee at least 1 week before the start of the intended leave. SICK LEAVE/EMERGENCY LEAVE
1. In cases of emergency or sick leave, the employee shall notify

his/her immediate supervisor of his/her absence at least (1) hour before the start of his/her official work hours or shift schedule. Late advice is subject to disciplinary action. Notice shall be in the form of a phone call (landline or otherwise) or text message to the supervisor. For purposes of this policy, emergency situations shall refer to circumstances that endanger the life and/or property of the employee and his/her immediate family. Immediate family shall be limited to spouse, children, parents and siblings. Approval of emergency leaves outside of these circumstances shall be treated on a case-to-case basis at the discretion of the Management.
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2. A medical certificate, duly certified and authenticated by the physician, must be attached to the leave form if sick leave was for two (2) days or more. The certificate, which must be submitted in 2 days after the leave, should indicate the illness of the employee and his fitness to work and/or recovery from such illness, issued by a competent company physician. Failure to submit medical certificate is subject to appropriate disciplinary action. ABSENCE WITHOUT OFFICIAL LEAVE 1. An absence is defined as not reporting for work. Thus, employees who report for work even during the last hour of their shift cannot be considered as absent. 2. The following cases are considered AWOL: When an employee is absent for any reason and fails to call or notify his/her supervisor. When an employee is absent without justifiable reason or the absence is not supported by medical documents. Any absence not supported by an approved leave application. When an employee fails to report for work while on training or during critical dates, recalled day-offs or vacation leaves, holidays, weekends and other special days.
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3. All AWOLs are considered as leave without pay, even if the employee has earned his leave credits.

Attendance during Training and Probationary Employment Absence is not allowed during training, unless for a valid and excusable

reason. Each case will be investigated in order to determine the validity of the absence. The management reserves the right to decide the merits of each case. Disciplinary actions incurred during training shall carry over once the trainee enters the store. Thus, all similar offenses incurred after training will escalate to the next level of disciplinary action.

Disciplinary Rules in Sexual Harassment Cases Filipizza values the dignity of its human resources and guarantees full

respect for the individual, whether employees, trainees, or applicants for employment; Filipizza likewise commits to maintain a work environment free from sexual harassment and all forms of sexual intimidation and exploitation, and it will

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not tolerate harassment of its employees by anyone; including the manager, the supervisors, the vendors, clients or customers; Towards this end, the management renounces all forms of sexual harassment and hereby adopts this policy defining the offense of sexual harassment and prescribing penalty thereto. Sexually Harassment may be committed by any of the following: 1. Employees 2. Manager, supervisor or employee 3. Instructor or facilitator. 4. Persons with authority, influence or moral ascendancy over another in a work, training or education environment. 5. Person directing or inducing another to commit any act of sexual harassment. 6. Person cooperating in the commission of any act of sexual harassment by another without which it would not have been committed.

Policy on Drug-free Workplace and Mandatory Random Drug Testing

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Filipizza envisions a drug free community and it renounces all forms of illegal drug trafficking, abuse, addiction and dependency on a working environment. The management commits to safeguard the well being of the employees from the ill effects of dangerous drugs by pursuing an intensive and unrelenting campaign against the use of dangerous drugs and other similar substances. Towards this end, all employees are required to attend anti-drug abuse programs and undergo random drug tests, in accordance with this Policy. Implementing Guidance: A. Definition of Terms Administer any act of introducing any dangerous drug into the body of another person, with or without his/her knowledge, by injection, inhalation, ingestion, or other means, or of committing any act of indispensable assistance to person in administering a dangerous drug to himself/herself unless administered by a duly licensed practitioner for purposes of medication. Confirmatory Test an analytical test using a device, tool or equipment with a different chemical or physical principle that is more specific which will validate and confirm the result of the screening test.

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Dangerous Drugs as enumerated and defined under Republic Act 9165 otherwise known as the Dangerous Drugs Act. Drug Dependence as based on the World Health Organization definition, it is a cluster of physiological, behavioural and cognitive phenomena of variable intensity, in which the use of psychoactive drug takes on a high priority thereby involving, among others, a strong desire or a sense of compulsion to take the substance and the difficulties in controlling substance-taking behavior in terms of its onset, termination, or levels of use. Trafficking the illegal cultivation, culture, delivery, administration, dispensation, manufacture, sale, trading, transportation, distribution, importation, exportation and possession of any dangerous drug and/or controlled precursor and essential chemical. Instrument anything that is used in or intended to be used in any manner in the commission of illegal drug trafficking or related offenses. Random Drug Testing 1. All employees are required to undergo a random drug testing for purpose of reducing the risk in the workplace. 2. Drug testing shall consist of both the screening test and the confirmatory test. The latter to be carried should the screening test turn positive. The

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employee concerned must be informed of the test results whether positive or negative. 3. A drug test is valid for one year, however, additional drug testing may be required for just causes as in any of the following cases: a) After workplace-related accidents b) Following treatment and rehabilitation to establish fitness for returning to work/resumption of job c) In light of clinical findings and/or upon recommendation of the Assessment Committee.
4. All cost of drug testing shall be borne by the company.

STORE UNIFORM

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Figure 33: STORE UNIFORMS (FOR MALES AND FEMALES) The uniforms will be worn during store hours. The uniforms for employees costs P600.00 will be deducted from their own salaries.

SALARIES, WAGES AND OTHER BENEFITS Salaries and Wages


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All employees shall receive their respective salaries or wages as provided in their Contracts of Employment every last Saturday of the month. Paid Meal Period A one (1) hour break for lunch meal will be provided for every employee with pay.

SSS, Pag-Ibig and PhilHealth Benefits Employee benefits from contributions for SSS, Pag-ibig and PhilHealth shall be granted to employees in accordance with applicable laws. Implementation of procedures relative to the said benefits should be done in accordance with the regulations to be promulgated by the management.

Accident Insurance Regular employees are enrolled by the company under a reputable Insurance Firm. Any accident, work-related or not shall be incurred shall be compensated by this insurance. This plan shall be on employeeemployer participating basis.

Certificates and Awards

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There will also be certificates and awards that will be provided by our company in order to recognize employees who are performing well. These awards include The Crew of the Month Award, Most Punctual Employee, Model Employee of the Year and the likes. WORK SCHEDULING Table 54: WORK SCHEDULING
Employees Gen. Manager Cashier 1 Cashier 2 Service crew 1 Service crew 2 Production Head 1 Production Head 2 Cook 1 Cook 2 TOTAL MON OP-CL RD OP-CL RD OP-CL OP CL CL OP 8 TUES OP-CL OP-CL RD OP-CL RD CL OP OP CL 8 WED OP-CL CL OP OP CL RD OP-CL RD OP-CL 9 THUR S OP-CL OP CL CL OP OP-CL RD OP-CL RD 9 FRI OP-CL CL OP OP CL CL OP OP CL 11 SAT OP-CL OP CL CL OP OP CL CL OP 11 SUN RD CL OP OP CL CL OP OP CL 10

Store Hours: 9:00am to 9:00pm Hours of Operation: 12 hours of operation 10 Employees are needed in daily operation

Legend: RD = Rest Day OP = Opening (10am 3pm) CL = Closing (3pm 10pm)

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Legal and Taxation Aspects

PLACE OF REGISTRATION

LEGAL DOCUMENTS Business Permit Barangay Business Clearance

City or Municipal Mayors Office

Lease Contract Location Clearance Fire Clearance Sanitary/Plumbing Permit 2316 Form

Bureau of Internal Revenue

1702 Form 1903 Form 1907 Form R-5 Form

Social Security System

R-1 Form R-1A Form Application for Partnership

Department of Trade and Industry

Articles of Co-Partnership Registration Data Sheet

Table 55: LEGAL REQUIREMENTS

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