Foreign Ownership Restrictions: Managing Local Ownership Requirements (60/40 Rule)
Foreign Ownership Restrictions: Managing Local Ownership Requirements (60/40 Rule)
How must international business buyers structure an acquisition to comply with the 60/40 foreign ownership restrictions for retail and certain other
2 Answers
International buyers must structure acquisitions through a joint venture or partnership with a local Filipino entity, ensuring at least 60 percent Filipino ownership in retail and restricted sectors. Proper legal agreements and corporate registration with the Securities and Exchange Commission are required to remain compliant.
In the Philippines, international buyers eyeing sectors with 60/40 foreign ownership limits like retail, mass media, and certain utilities β need to structure the acquisition carefully. Typically, this means forming a Philippine corporation where Filipino citizens or entities hold at least 60% of voting stock, while the foreign buyer owns up to 40%. Sometimes, joint ventures, nominee arrangements, or minority investment structures are used, but these must fully comply with the law to avoid legal headaches. It can feel a bit restrictive, but getting the structure right upfront gives you peace of mind and ensures your investment is secure while respecting local rules and fostering local partnerships.