Art 35 - to as far as i can Flashcards
1
Q
what are the general powers of a corporation?
A
Outlined in sec. 35
- To sue & be sued
- To have perpetual existence [unless]
- To adopt & use a corporate seal
- To amend its articles of incorporation
- To adopt bylaws…[and] amend or repeal the same
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2
Q
can a corporation enter into partnership?
LB
A
Yes, under the revised corporation code, corporation can enter into partnerships and not just joint ventures
Sec. 35 (h)
3
Q
distinguish partnership from joint venture insofar as corporations are concerned?
A
partnership will result to a partnership
joint venture will result to a new corporation
4
Q
What are the specific powers of a corporation?
A
- Power to Extend or Shorten Corporate Term (36)
- Power to Increase or Decrease Capital Stock
- Power to Deny Pre-Emptive Right
- Sale or Other Disposition of Assets
- Power to Acquire Own Shares
- Power to Invest Corporate Funds in Other Corporations/Businesses
- Power to Declare Dividends
- Power to Enter into Management Contract
- Ultra Vires Acts (44)
5
Q
When a corp inc/dec its authorized capital stock, what approval is required?
A
- approved by majority vote of the BoD
- 2/3 of the OCS
- approval of SEC
- PCC (if applicable)
philippine competition commission
6
Q
How can a corporation incur, create, or inc bonded-debtedness
A