How are actions and decisions of a One Person Corporation recorded in the absence of corporate meetings? A One Person Corporation (OPC) is not required to submit and file corporate bylaws, which streamlines its organization (SEC. 119, Revised Corporation Code of the Philippines). When action is needed on any matter, it is deemed sufficient to […]
When may the SEC suspend or revoke the certificate of incorporation of a corporation under its general powers? The SEC is granted the general power to suspend or revoke the certificate of incorporation of any entity under its jurisdiction (SEC. 179, Revised Corporation Code of the Philippines). This drastic action can only be taken after
How is the voting process conducted in nonstock corporations, unless provided otherwise? Unless specified otherwise in the articles of incorporation or bylaws, members of nonstock corporations may generally cast as many votes as there are trustees to be elected (SEC. 23, Revised Corporation Code of the Philippines). However, members may not cast more than one
How is the voting process conducted in nonstock corporations, unless provided otherwise? Read More »
What is the criminal penalty for the unauthorized use of a corporate name? The unauthorized use of a corporate name is specifically penalized under the Code (SEC. 159, Revised Corporation Code of the Philippines). The violator shall be punished with a fine ranging from Ten thousand pesos (P10,000.00) to Two hundred thousand pesos (P200,000.00). This
What is the criminal penalty for the unauthorized use of a corporate name? Read More »
What role does the NEDA play in monitoring stock ownership in corporations? The National Economic and Development Authority (NEDA) is tasked with determining, from time to time, if the corporate vehicle has been used by any corporation, business, or industry to frustrate the provisions of this Code or applicable laws (SEC. 176, Revised Corporation Code
What role does the NEDA play in monitoring stock ownership in corporations? Read More »
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
What two primary reportorial requirements must every corporation, domestic or foreign, submit annually to the SEC? Every corporation, whether domestic or foreign, doing business in the Philippines must submit two primary reportorial requirements annually to the SEC (SEC. 177, Revised Corporation Code of the Philippines). These reports include the annual financial statements audited by an
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)
What happens if a corporation fails to submit reportorial requirements to the3 SEC three times? If a corporation fails to submit the required reportorial documents three (3) times, consecutively or intermittently, within a period of five (5) years, the SEC may place the corporation under delinquent status (SEC. 177, Revised Corporation Code of the Philippines).
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).
