corporate law

How are aiders and abettors penalized for violating the Revised Corporation Code?

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How are aiders and abettors penalized for violating the Revised Corporation Code? Anyone who shall aid, abet, counsel, command, induce, or cause any violation of this Code, or any rule, regulation, or order of the SEC, shall face a penalty (SEC. 172, Revised Corporation Code of the Philippines). The punishment imposed upon these secondary actors […]

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For how long can a dissolved corporation continue its corporate existence for liquidation purposes?

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For how long can a dissolved corporation continue its corporate existence for liquidation purposes? Except for banks, which are covered by specific banking laws, every corporation whose charter expires or is annulled shall nevertheless remain as a body corporate for three (3) years after the effective date of dissolution (SEC. 139, Revised Corporation Code of

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What is the purpose and maximum validity period for a Cease and Desist Order ex parte issued by the SEC?

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What is the purpose and maximum validity period for a Cease and Desist Order ex parte issued by the SEC? The SEC may issue a cease and desist order ex parte to enjoin an act or practice which is fraudulent or can be reasonably expected to cause significant, imminent, and irreparable danger or injury to

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What happens to assets distributable to an unknown or unfound creditor, stockholder, or member during liquidation?

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What happens to assets distributable to an unknown or unfound creditor, stockholder, or member during liquidation? Except for assets distributed under specific nonstock corporation rules (Sections 93 and 94), upon the winding up of corporate affairs, any asset distributable to a creditor, stockholder, or member who is unknown or cannot be found shall be escheated

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What is the fine structure imposed for contempt of the SEC?

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What is the fine structure imposed for contempt of the SEC? Any person who fails or refuses to comply with a lawful order, decision, or subpoena issued by the SEC, without justifiable cause, shall be held in contempt after due notice and hearing (SEC. 157, Revised Corporation Code of the Philippines). The resulting fine imposed

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What conditions must a foreign corporation meet regarding its home country’s laws to be eligible to transact business in the Philippines?

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What conditions must a foreign corporation meet regarding its home country’s laws to be eligible to transact business in the Philippines? A foreign corporation is defined as one formed, organized, or existing under laws other than those of the Philippines (SEC. 140, Revised Corporation Code of the Philippines). Crucially, its laws must allow Filipino citizens

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What are the maximum and minimum administrative fines the SEC may impose for violating the Code?

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What are the maximum and minimum administrative fines the SEC may impose for violating the Code? If the SEC finds that any provision of the Code, rules, or orders has been violated, it may impose several administrative sanctions (SEC. 158, Revised Corporation Code of the Philippines). The primary sanction is the imposition of a fine

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What key document must a foreign corporation submit with its application for a license, and what is required if it is not in English?

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What key document must a foreign corporation submit with its application for a license, and what is required if it is not in English? A foreign corporation applying for a license to transact business in the Philippines must submit to the SEC a copy of its articles of incorporation and bylaws, certified in accordance with

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What critical information regarding legal service must a foreign corporation disclose in its license application?

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What critical information regarding legal service must a foreign corporation disclose in its license application? The application for a license must specifically set forth the name and address of its resident agent authorized to accept summons and process in all legal proceedings (SEC. 142, Revised Corporation Code of the Philippines). This designation is mandatory, ensuring

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What documentation is required to satisfy the SEC regarding a foreign corporation’s financial condition upon application for a license?

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What documentation is required to satisfy the SEC regarding a foreign corporation’s financial condition upon application for a license? The application for a license must be accompanied by a statement under oath of the president or any other authorized person of the corporation (SEC. 142, Revised Corporation Code of the Philippines). This statement must show,

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