Time Limit

What happens if a corporation fails to submit reportorial requirements to the3 SEC three times?

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 happens if a corporation fails to submit reportorial requirements to the3 SEC three times? Read More »

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

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

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

How is the interest rate determined for unpaid subscriptions, and what is the penalty for failure to pay the subscription balance when due?

How is the interest rate determined for unpaid subscriptions, and what is the penalty for failure to pay the subscription balance when due? Subscribers are liable to the corporation for interest on all unpaid subscriptions from the date of subscription, provided this interest is stipulated in the subscription contract (SEC. 65, Revised Corporation Code of

How is the interest rate determined for unpaid subscriptions, and what is the penalty for failure to pay the subscription balance when due? Read More »

Describe the procedure and timing for conducting a delinquency sale.

Describe the procedure and timing for conducting a delinquency sale. The board of directors initiates a delinquency sale by resolution, which must specifically state the amount due on each subscription, including all accrued interest (SEC. 67, Revised Corporation Code of the Philippines). The resolution must also fix the date, time, and place of the sale,

Describe the procedure and timing for conducting a delinquency sale. Read More »

What are the necessary conditions and deadline for a court action seeking to question a delinquency sale?

What are the necessary conditions and deadline for a court action seeking to question a delinquency sale? No action to recover delinquent stock sold can be sustained on the ground of irregularity or defect in the notice or in the sale itself, unless the party first pays or tenders to the current holder the sum

What are the necessary conditions and deadline for a court action seeking to question a delinquency sale? Read More »

What is the procedure for a registered owner to obtain a new certificate of stock to replace one that is lost, stolen, or destroyed?

What is the procedure for a registered owner to obtain a new certificate of stock to replace one that is lost, stolen, or destroyed? The registered owner or their legal representative must first file an affidavit in triplicate with the corporation, detailing, if possible, the circumstances of the loss, the number of shares, the serial

What is the procedure for a registered owner to obtain a new certificate of stock to replace one that is lost, stolen, or destroyed? Read More »

What is the rule concerning the irrevocability of a pre-incorporation subscription?

What is the rule concerning the irrevocability of a pre-incorporation subscription? A subscription of shares in a corporation still to be formed, known as a pre-incorporation subscription, shall be irrevocable for a period of at least six (6) months from the date of subscription (SEC. 60, Revised Corporation Code of the Philippines). This irrevocability applies

What is the rule concerning the irrevocability of a pre-incorporation subscription? Read More »