Question
XYY Corp. secured a loan from X Bank in the amount of P120,000. As part of the proceeds of the loan, preferred shares of stocks
XYY Corp. secured a loan from X Bank in the amount of P120,000. As part of the proceeds of the loan, preferred shares of stocks were issued to X Bank, through its officers B and C. In other words, instead of giving the legal tender totaling to the full amount of the loan which is P120,000. X Bank lent such amount partially in the form of money and partially of stockholder certificates, each for 400 shares with a par value of P10 per share, or for P4,000 each, for a total of P8,000. Said stock certificates were in the name of B and C, who subsequently, however, endorsed the shares in favor of B. Said certificates of stock bear the following terms and conditions: The Preferred Stock shall have the following rights, preferences, qualification, and limitations, to wit: 1. Of the right to receive a quarterly dividend of 1%, cumulative and participating 2. That such preferred shares may be redeemed by the system of drawing lots, at any time after 2 years from the date of issue at the option of the Corporation Afterward, XYY Corp. proceeded against X Bank and filed a Complaint anchored on XYY Corp.s alleged rights to have X Bank redeem the same under the terms and conditions of the stock certificates. Can X Bank be compelled to redeem the preferred shares issued to XYY Corp.? Why or Why not? Explain your answer briefly.
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