Art 35 - to as far as i can Flashcards

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1
Q

what are the general powers of a corporation?

A

Outlined in sec. 35

  1. To sue & be sued
  2. To have perpetual existence [unless]
  3. To adopt & use a corporate seal
  4. To amend its articles of incorporation
  5. To adopt bylaws…[and] amend or repeal the same
    6.
    7.
    8.
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    10.
    11.
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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)

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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

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4
Q

What are the specific powers of a corporation?

A
  1. Power to Extend or Shorten Corporate Term (36)
  2. Power to Increase or Decrease Capital Stock
  3. Power to Deny Pre-Emptive Right
  4. Sale or Other Disposition of Assets
  5. Power to Acquire Own Shares
  6. Power to Invest Corporate Funds in Other Corporations/Businesses
  7. Power to Declare Dividends
  8. Power to Enter into Management Contract
  9. Ultra Vires Acts (44)
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5
Q

When a corp inc/dec its authorized capital stock, what approval is required?

A
  1. approved by majority vote of the BoD
  2. 2/3 of the OCS
  3. approval of SEC
  4. PCC (if applicable)

philippine competition commission

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6
Q

How can a corporation incur, create, or inc bonded-debtedness

A
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