Philippine Legal Advice

What is the penalty for a director, trustee, or officer who willfully holds office despite knowing a ground for disqualification exists?

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What is the penalty for a director, trustee, or officer who willfully holds office despite knowing a ground for disqualification exists? When a director, trustee, or officer willfully holds office, or willfully conceals such disqualification, despite knowing the existence of a ground for disqualification under Section 26, they face severe penalties (SEC. 160, Revised Corporation […]

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What are the penalties for the unjustified failure or refusal to allow the inspection or reproduction of corporate records?

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What are the penalties for the unjustified failure or refusal to allow the inspection or reproduction of corporate records? The unjustified failure or refusal by the corporation, or those responsible for maintaining corporate records, to comply with the rules on inspection and reproduction shall be punished with a fine ranging from Ten thousand pesos (P10,000.00)

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What is the penalty for any person who willfully certifies an inaccurate, false, or misleading report required under the Code?

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What is the penalty for any person who willfully certifies an inaccurate, false, or misleading report required under the Code? Any person who willfully certifies a report required under this Code, knowing that the same contains incomplete, inaccurate, false, or misleading information or statements, shall be punished (SEC. 162, Revised Corporation Code of the Philippines).

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What is the specific penalty for an independent auditor found to be in collusion with the corporation’s directors?

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What is the specific penalty for an independent auditor found to be in collusion with the corporation’s directors? An independent auditor who, in collusion with the corporation’s directors or representatives, certifies financial statements despite their incompleteness, inaccuracy, or failure to present a fair and accurate condition, shall be punished (SEC. 163, Revised Corporation Code of

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What is the penalty for those responsible for the formation of a corporation through fraud?

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What is the penalty for those responsible for the formation of a corporation through fraud? Those responsible for the formation of a corporation through fraud, or who assisted directly or indirectly therein, shall be punished with a fine ranging from Two hundred thousand pesos (P200,000.00) to Two million pesos (P2,000,000.00) (SEC. 164, Revised Corporation Code

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What is the penalty for a corporation that engages in fraudulent conduct of business?

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What is the penalty for a corporation that engages in fraudulent conduct of business? A corporation that conducts its business through fraud shall be punished with a fine ranging from Two hundred thousand pesos (P200,000.00) to Two million pesos (P2,000,000.00) (SEC. 165, Revised Corporation Code of the Philippines). If the fraudulent business conduct is found

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What constitutes prima facie evidence of corporate liability when the corporation is used for graft and corrupt practices?

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What constitutes prima facie evidence of corporate liability when the corporation is used for graft and corrupt practices? A corporation used for fraud or for committing or concealing graft and corrupt practices shall be liable for a fine ranging from One hundred thousand pesos (P100,000.00) to Five million pesos (P5,000,000.00) (SEC. 166, Revised Corporation Code

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What is the penalty imposed on a director, trustee, or officer who knowingly tolerates graft and corrupt practices?

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What is the penalty imposed on a director, trustee, or officer who knowingly tolerates graft and corrupt practices? A director, trustee, or officer who knowingly fails to sanction, report, or file the appropriate action with proper agencies, or who allows or tolerates graft and corrupt practices committed by corporate personnel, shall be punished (SEC. 168,

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What is the penalty for retaliation against a whistleblower under the Code?

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What is the penalty for retaliation against a whistleblower under the Code? A whistleblower is defined as any person who provides truthful information relating to the SEC or possible SEC of any offense or violation under this Code (SEC. 169, Revised Corporation Code of the Philippines). Any person who, knowingly and with intent to retaliate,

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What is the punishment for violations of the Code that are not specifically penalized elsewhere?

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What is the punishment for violations of the Code that are not specifically penalized elsewhere? Violations of any of the other provisions of this Code or its amendments that are not otherwise specifically penalized shall be punished by a fine of not less than Ten thousand pesos (P10,000.00) but not more than One million pesos

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