The Manila Times

The SEC Company

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corporate applicatio­ns requiring SEC approval.

The SEC CRS includes the fol - tion of company name; (2) online appeal for disallowed proposed of Incorporat­ion and By-laws; (4) built-in validation in the pre-form and in-form data encoding; (5) online submission through uploading of documents for internal processing/ evaluation; ( 6) online issu uploaded applicatio­n; (7) online online payment of fees. Through the SEC CRS, users should be able to complete online the entire incorporat­ion process from corporate name reservatio­n up to payment of registrati­on fees.

According to then SEC Chairperso­n Teresita J. Herbosa, the mandatory implementa­tion of SEC CRS was intended “to serve the public better — it eliminates face-to-face interactio­ns for the registrati­on of new corporatio­ns, and most importantl­y…to save the public’s time and effort and to further ease doing business in the Philippine­s.”

However, since its initial implementa­tion on November 2017, the SEC has received numerous complaints concerning the recurring software glitches and delays in processing company registrati­ons under the SEC CRS. Instead registrati­on under SEC CRS has ironically become more tedious and drawn out.

In many practition­ers’ experience, it usually takes two to four months for the SEC to issue Cer of those seeking to register new corporate entities under the SEC CRS.

Further, the system itself has been the subject of several hacking attempts, causing further delays in companies and partnershi­ps. The SEC’s Company Registrati­on and Monitoring Department (CRMD) Director Ferdinand Sales downplayed these hacking attempts as mere “part[s] of birthing pains.” According to Sales, “a lot of people do not want this system to succeed so [it] probably has 500 hacking attempts every day.”

To help address these complaints, Senator Nancy Binay, on - lution No. 596 directing the proper Senate Committee to conduct an inquiry, in aid of legislatio­n, on the reported delays in the release the SEC.

On the scheduled inquiry by the Senate committee on banks, - cies, Sales admitted that the Commission then still had a backlog of 5,378 new applicatio­ns as a result of their current level of staff (assuming that average incoming applicatio­ns were at 296 a day with “no unforeseen circumstan­ces” that may cause interrupti­ons).

The need to address the problems of bureaucrat­ic red tape and the government to recently enact Republic Act (RA) No. 11032, or the Ease of Doing Business and - livery (EODB) Act of 2018, which declared as a policy the promotion of measures and programs adopting simplified requiremen­ts and procedures to reduce red tape and expedite business and non- business related transactio­ns in government.

Among the measures mandated by RA 11032 is the standardiz­ation of the deadlines for government transactio­ns to three to seven working days, depending on the complexity of the transactio­n. In fact, in case of failure to approve or disapprove an original applicatio­n or request for issuance of license, authorizat­ion within the prescribed processing time, said applicatio­n or request shall be deemed approved.

Clearly, the SEC CRS has a long way to go in order to fully comply with the mandate of RA 11032.

While we commend the initiative and the noble intentions of the SEC in launching the SEC CRS, we strongly encourage the SEC to provide tighter measures for cyber- security, define more clearly the guidelines in company registrati­on, further streamline the process by cutting off redundant and unnecessar­y steps/procedures, productivi­ty in reviewing the documentar­y submission­s, in light of the clear mandate of the RA 11032.

Florian G. Salcedo is a Junior Associate of Mata-Perez, Tamayo& Francisco (MTF Counsel). He is an active member of MTF Counsel’s corporate, labor, litigation and immigratio­n practice. The contents of the aboveartic­le are intended for general informatio­n purposes only and don’t constitute legal advice. If you haveany question or comment regarding this article, you may email the author at info@mtfcounsel.com or visit MTF Counsel’s website at www.mtfcounsel.com.

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