Title
Rules on Registration of Foundations
Law
Sec
Decision Date
Sep 13, 1990
The SEC establishes rules for the registration of foundations, requiring non-stock non-profit corporations to have a minimum capital of P50,000, adhere to specific naming conventions, and submit annual financial statements, with penalties for non-compliance.

Coverage and naming restriction

  • Only non-stock non-profit corporations organized for charitable, religious, educational, professional, cultural, literary, scientific purposes, civic services, or similar purposes may use the word “Foundation” as part of their corporate name.
  • Foundations in name are therefore limited to corporations fitting the non-stock, non-profit and stated purpose requirements.

Capital contribution requirement

  • A proposed Foundation must have an initial capital contribution of at least P50,000.00 at the time of incorporation.
  • The initial capital contribution must be evidenced by a Certificate of Bank Deposit.

Public fund raising and governing rules

  • Public fund raising initiated by a Foundation may be conducted subject to applicable laws, rules and regulations implemented by the appropriate government agency.

Cash flow statement for registered Foundations

  • All registered Foundations must submit to the SEC a cash flow statement.
  • The cash flow statement must be in the form prescribed by the SEC.
  • The cash flow statement must form part of the annual financial statements required to be submitted by non-stock corporations under existing regulations.

Compliance, penalties, and suspension/revocation

  • A corporation that fails to comply with any requirement of these rules or violates any provision is liable to pay a fine of not less than PHP 1,000.00 but not more than PHP 10,000.00, as determined by the SEC.
  • For serious cases, the SEC may, after due notice and hearing, suspend and/or revoke the corporation’s registration.

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