Transfer of PEZA Operations
Companies change their business address for a number of reasons. It can be that the company is upsizing and requires more space or downsizing due to some economic difficulties or for the simple reason that per sqm is lower in a particular area.
No matter the reason is, as a PEZA registered entity it is required that notice is given to PEZA, a letter of authority to change address has been secured and certain requirements were met before the move. These are:
- Letter request stating reason/s for the transfer of operations, dated of transfer, proposed location (size of the area to be occupied; owner of the proposed building/area to be occupied; if to be leased, name of lessor; if sub-lease’ name of principal lessor).
- Total no. of affected employees.
- information on present location (owner of the building / building space); description of building to be disposed (ifany); and mode of disposition (if applicable)
- Notarized affidavit undertaking signed by the highest responsible official stating the following:
- all affected employees shall be informed of the transfer to the new site; paid of all salaries and benefits;
- all affected employees will be transferred to the new site and that any employee who opts to resign shall be paid of all salaries and benefits due them;
- the company has no pending labor cases with Department of Labor and Employment (DOLE), National Labor Relations commission (NLRC) or National Conciliation and Mediation Board (NCMB), if any(attach list of nature of cases),
- all creditor/s (including mortgagees, if any) have been notified of the said transferof the company’soperations to a new location;
- no creditors will be prejudiced as a result of the transfer; and
- the transfer of its operations shall not in anyway,prejudice labor rights and welfare;
- PEZA is rendered free and harmless from any liabilities/claims that may arise from third party on accountof the transfer of its operations
- restoration/repair of any damage in the SFB/lot space (applicable only to locators in regular zone leasing a PEZA SFB/lot).
5. Proof of receipt by PEZA-Enterprise Regulations Department (ERD) to be presented to the Zone Administrator/Manager:
- copy of notice of the transfer to all affected employees prior to the transfer;
- copy of notice to DOLE, NLRC, NCMB, SSS, BlR, Philhealth on the transfer of operations site’, duly received by said offices.
- Clearance from the Zone Administrator regarding (i) its PEZA accounts/ liabilities; (ii) its waste materials/garbage used in company’s operations if these have been properly disposed of from the zone
6. Updated compliance with PEZA’s reportorial requirements (quarterly reports’ copy of latest Income Tax Returns, Audited Financial Statements)
Note: Upon approval of the Letter of Authority (LOA) for the said purpose, the company shall submit the following:
- to the PEZA-Office of the Board secretary – original PEZA Certificate of Registration for amendment of the registered zone location;
- to the PEZA-Legal services Group – (i) copy of the Lease contract for the new location; and (ii) no objection letter from the Developer/operator of existing and new locations;
- to the PEZA Building official-application for building permits for the new location;
- to the PEZA Zone Administrator/Manager – requirement amendment of its zone location registered with the VASP/s;
- Certified list of machinery/equipment raw materials, inventories and other assets to be transferred from current location to new location.
The requirements are not easily met because it can happen that for particular a requirement to be accomplished, a sub-requirement may be included, this applies in notices to DOLE, NLRC, SSS, Philhealth, and BIR
Thus, if your coming is changing its business address anytime soon, ensure that you have made proper planning before doing so as it can cause penalties for your 8106 (farm out) of equipment when you move your equipment from the registered place of business to another location.