Question
1.) The Revised Corporation Code is silent as to the minimum number of incorporators. However, it retained the maximum number of incorporators which must not
1.) The Revised Corporation Code is silent as to the minimum number of incorporators. However, it retained the maximum number of incorporators which must not be more than 15. Alan is a Filipino immigrant residing in Toronto, Canada. Peter is a Filipino residing in Taguig City, Philippines. Cayetamo is a resident alien residing in Davao City. X Corporation is a domestic corporation - 40% owned by foreigners and 60% owned by Filipinos, with Leni as authorized representative. Y Corporation is a foreign corporation registered with the Philippine Securities and Exchange Commission. Z Corporation is a domestic corporation (100%) Filipino owned. Leila is a Filipino, 17 years of age, and the daughter of Peter. Who can be incorporators? Who can be subscribers?
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2.) On December 1, 2021, a special stockholders' meeting was held. At this meeting, what would have constituted a quorum? Explain and illustrate by way of example.
3.) Dilawans Partnership becomes insolvent due to mismanagement and cannot pay its liability to EBS SayBN Corporation. With the approval of its directors and stockholders, EBS SayBN Corporation entered into a management contract with Dilawans Partnership to manage their partnership business with the agreement that 20% of the net profits will be applied to the payment of the partnership debt to the corporation. Can EBS SayBN Corporation validly enter into a management contract with Dilawans Partnership?
4.) Juan and Pedro formed JP Partnership. They agreed that partner Juan will be the manager. Subsequently, in a contract, partner Juan extended a credit to Roque in the amount of P 250,000.00 with 5 % interest per annum due on November 30, 2021. In another transaction, JP Partnership had a receivable against Roque in the amount of P 500,000.00 due also November 30,2021. On December 5, 2021, Roque paid Juan the amount of P 100,000.00. Should Juan collect the entire amount?
5.) The Revised Corporation Code introduced substantial changes with respect to the term of corporate existence. Sec. 11 provides that a corporation shall have perpetual existence unless its Articles of Incorporation provides otherwise. The term of BTS Corporation in accordance with its Articles of Incorporation ended last December 05, 2021. The term was not extended. What will happen to the corporation?
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