Mr. Nestor P. Nuez

June 20, 1991 Mr. Nestor P. Nuez Manager, Tax Division Sycip Gorres Velayo & Co. 6000 Cebu City S i r : This has reference to your letter dated June 6, 1991, requesting opinion of this Commission on the query posed therein. LibLex It appears that NEC Technologies Philippines, Inc. a domestic corporation organized under Philippine laws and an EPZA registered enterprise, has requested and was subsequently authorized by Export Processing Zones Authority (EPZA) to engage in a new project involving software and hardware design for telecommunication industry, subject however to the condition that the primary purpose of its Articles of Incorporation be amended to include said new business activity. Under this circumstances, you would like to know whether or not the corporation should amend the primary purpose of its articles of incorporation. Article II of the articles of incorporation of subject corporation of subject corporation on file with the Commission states among others, to wit. "To operate, conduct and maintain the business of manufacturing, importing exporting, buying and selling (on wholesale within the Philippines), or otherwise dealing in transmission equipment, its associated equipment and any other telecommunications equipment and systems of all classes and descriptions, and any and all sub-assemblies, units. components and parts relating to such equipments and system . (Emphasis supplied) From the abovequoted purpose, NEC Technologies Philippines, Inc. can deal with any kind of equipment or system relating to telecommunications. Accordingly, the Corporation need not amend its articles of incorporation in order that it can legally engage in the above-mentioned proposed business activity. Please be advised accordingly. Very truly yours, (SGD.) ROSARIO N. LOPEZ Chairman