Security Deposit Requirement
- Locator enterprises must pay a "good faith deposit" equivalent to three (3) months' rental fees.
- Deposit is distinct from current monthly rentals and not credited towards them.
- This deposit may be refunded upon lease termination or used to settle obligations to PEZA.
- Compliance deadline for payment of the deposit: May 31, 2001.
Monthly Rental Payments and Penalties
- Aside from the good faith deposit, locator enterprises must regularly pay monthly rental fees for industrial lots and standard factory buildings in the public economic zones.
- Failure to pay monthly rentals will lead to appropriate penalties imposed by PEZA.
Previous Regulation and Its Rationale
- PEZA Board Resolution No. 97-297 (September 15, 1997):
- New locator enterprises were required to pay rental fees one (1) year in advance for land and buildings.
- Existing locators could pay monthly or opt to pay an annual rental fee calculated as the present value of monthly rentals discounted at 10% per annum.
- Challenges reported:
- Difficulty for many locator enterprises to pay annual rentals in advance due to limited capitalization and cash flow constraints during start-up.
- Majority of locators in public economic zones are smaller and have fewer resources compared to private economic zone locators.
Amendment to Payment Terms
- To address financial difficulties of locator enterprises, PEZA resolved:
- Rentals to be paid monthly.
- A combined security arrangement requiring one (1) month deposit plus two (2) months' advance rental payment.
- This amendment supersedes and modifies the previous Board Resolution No. 97-297.
Administrative Details
- The amended payment scheme was approved by PEZA Board of Directors on January 15, 2001 (Resolution No. 01-015).
- Official adoption date of the memorandum order setting these terms was April 24, 2001.
- The order mandates immediate compliance by all locator enterprises within the specified public economic zones.
Legal and Administrative Authority
- Directed and signed by PEZA Director General and Corporate Secretary, evidencing formal administrative action by PEZA Board.
- Aligns with regulatory oversight by Commission on Audit (COA) rules where applicable, particularly regarding payment calculations and discounts.
Key Legal Concepts
- "Good faith deposit" functions as a security for rental obligations.
- Distinction between new and existing locators in payment terms addressed to balance financial feasibility and PEZA's regulatory objectives.
- Amendments reflect responsive governance to economic realities of smaller enterprises in public economic zones.