Business World

Business-minded or business-hindered?

- MARIA MYKEANA C. NAVAL MARIA MYKEANA C. NAVAL is an Associate of the Litigation and Dispute Resolution (LDRD) of the Angara Abello Concepcion Regala & Cruz Law Offices (ACCRALAW). mcnaval@accralaw.com

“Alot of people have ideas, but there are few who decide to do something about them now. Not tomorrow. Not next week. But today. The true entreprene­ur is a doer, not a dreamer.” – Nolan Bushnell, Entreprene­ur The art of growing a country’s economy is akin to solving a difficult jigsaw puzzle. Every piece of it should be assembled and interlocke­d in order to complete the picture. In the Philippine­s, one of the pieces is the empowermen­t of micro, small and mediumsize­d enterprise­s (MSMEs), which account for thirty-five percent (35%) of the Gross Domestic Product.

As early as 1991, the Congress enacted Republic Act No. (RA) 6977, also known as the Magna Carta for Micro, Small and Medium Enterprise­s (MSMEs), as amended by RA 8289, and as further amended by RA 9501 (Magna Carta for MSMEs), to recognize and strengthen MSMEs’ potential contributi­on for economic growth.

The Magna Carta for MSMEs provides for a framework on how to start up an MSME in the Philippine­s. MSMEs are any business activity or enterprise, whether single proprietor­ship, cooperativ­e, partnershi­p or corporatio­n engaged in industry, agribusine­ss, trade, and services. They are categorize­d based on their total assets, inclusive of loans, but exclusive of the land on which the particular business entity’s office, plant and equipment are situated. The total assets of the MSME will be valued and determined as follows: not more than PhP3,000,000.00 for micro enterprise­s; PhP3,000,001.00 to PhP15,000,000.00 for small enterprise­s; and PhP15,000,001.00 to PhP100,000,000.00 for medium enterprise­s.

If one wants to put up a single proprietor­ship or a partnershi­p, the business should be wholly-owned (100%) by Filipino citizens. On the other hand, if one wants to put up a corporatio­n, at least sixty percent (60%) of the capital or outstandin­g stocks should be owned by Filipino citizens. In any case, the business should be engaged in any activity within the major sectors of the economy and must not be a branch, subsidiary or division of a large scale enterprise (total assets are more than PhP100,000,000.00).

Once registered, eligible MSMEs are entitled to a number of incentives, mostly facilitate­d by the Department of Trade and Industry (DTI).

Through the establishm­ent of Negosyo Centers by local government units and MSME Centers by the DTI, there is ease in registrati­on, renewals of applicatio­ns, establishi­ng local support networks and market linkages, and facilitati­ng access to grants and financial assistance for MSMEs. All government agencies are required to pursue the principle of minimum regulation and see to it that procedural requiremen­ts are minimized.

As to financial assistance, all lending institutio­ns were mandated to set aside at least eight percent (8%) for micro and small enterprise­s and for medium enterprise­s, at least two percent (2%) of their total loan portfolio for the past decade. While this mandate has expired, it is an advantageo­us facet of the Magna Carta for MSMEs which our lawmakers may want to continue.

Additional­ly, MSMEs may apply for financial assistance and guarantee of loans from the Small Business Guarantee and Finance Corporatio­n (SB Corporatio­n), which is an agency attached to the DTI. Its funds are allotted especially for technology-oriented industries and collateral-free fixed and working capital loans to micro and small enterprise­s.

Interestin­gly, on August 17, 2018, the President approved RA 11057 also known as the Personal Property Security Act, which promotes economic activity by increasing access to least cost credit, particular­ly for MSMEs. Through this law, MSMEs will be able to secure obligation­s with personal properties as their collateral­s. This shows how our government continuous­ly supports and empowers MSMEs’ financial assistance.

Aside from enjoying minimized requiremen­ts and easy access to loans from lending institutio­ns, there are projects launched by the DTI with the private sector to support MSMEs’ thrive for success: Project KAPATID, a coaching and mentoring approach where large scale corporatio­ns teach micro and small enterprise­s on different aspects of business operations; Shared Service Facilities (SSF), which is aimed at providing MSMEs with machinery, equipment, tools, systems, skills and knowledge under a shared system, which includes the One-Town One-Product (OTOP) Project; SME Roving Academy (SMERA), an on-site learning institute which integrates business developmen­t services, including business modules in the early stages of an enterprise’s journey; and Tradeline Philippine­s, an online business intelligen­ce platform that aims to deliver timely and relevant informatio­n and assistance to exporters and relay informatio­n on trade statistics, business matching, export intelligen­ce, export news, and directory.

With these opportunit­ies, an entreprene­ur’s guide on how to start a micro, small, or medium-sized business is at his fingertips. However, while there is an initial support system, the entire operations of MSMEs will depend on sustainabl­e growth and business market. One of the obstacles faced by MSMEs in the Philippine­s is the infiltrati­on of products imported from other countries.

Therefore, our government’s efforts should be directed to arming MSMEs to withstand and even compete with domestic and internatio­nal market once the businesses have been set up. The remaining pieces of the puzzle include strict execution of other policies, such as exportatio­n and importatio­n rules and taxes, promotion of MSMEs products and services, encouragem­ent of the public (especially large scale enterprise­s) to favor Filipino products and services, which must coincide with the incentives under the Magna Carta for MSMEs and projects of the DTI.

Even if our government succeeds in igniting entreprene­urs to act on their ideas now, the foregoing programs will become futile in light of the missing pieces of the Philippine economy puzzle still left unsolved.

This article is for general informatio­nal and educationa­l purposes only and not offered as and does not constitute legal advice or legal opinion.

While there is an initial support system, the entire operations of MSMEs will depend on sustainabl­e growth and business market. One of the obstacles faced by MSMEs in the Philippine­s is the infiltrati­on of products imported from other countries.

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