Div1 Flashcards
What are the attributes of a corporation?:The attributes of a corporation are that it is an artificial being
created by operation of law
Explain the attribute that the corporation is an artificial being.:The attribute of a corporation being an artificial being means that it is considered a juridical person with a legal personality separate from its members
enabling it to own properties
What is a corporation according to its definition?:A corporation is an artificial being created by operation of law
having the right of succession
Explain the attribute that a corporation is created by operation of law.:A corporation is not formed by mere agreement but by a law that grants it legal existence
which can be a general law like the RCC for private corporations or a special law for government-owned corporations.
Explain the attribute that a corporation has the right of succession.:The right of succession of a corporation means that it can exist continuously
either perpetually or by extending its corporate life if a fixed term is specified in its articles of incorporation.
Explain the attribute of the right of succession in a corporation.:The right of succession in a corporation means it has the power to exist continuously
either with perpetual existence or by extending its corporate life if a fixed term is specified in its articles of incorporation.
What does it mean for a corporation to have the powers
attributes
Distinguish a corporation from a sole proprietorship in terms of juridical personality.:A sole proprietorship does not possess a separate juridical personality from the owner
while a corporation has a legal personality distinct from its owners.
How is a partnership different from a corporation in terms of composition?:A partnership requires at least two partners
while a corporation can be composed of one person.
What is the liability difference between stockholders in a corporation and general partners in a partnership?:The liability of stockholders who are not directors
officers
What is the definition of a partnership according to Article 1767 of the Civil Code of the Philippines?:An agreement whereby two or more persons bind themselves to contribute money
property
According to the Civil Code of the Philippines
how is liability determined for partners in a partnership and general partners in a corporation?:Partners in a partnership are liable up to their subscription to the capital stock of the corporation
How does the management differ between a corporation and a partnership?:The business of a corporation is generally conducted by the Board of Directors
whereas a partnership is managed by the Managing Partner designated in the Articles of Partnership or by one of the general partners in the absence of designation.
What are the differences in the transfer of shares or rights between a stockholder in a corporation and a partner in a partnership?:A stockholder may sell fully paid shares without consent
while a partner cannot assign interest to a third party without partner consent due to the trust-based nature of partnerships.
What classes of corporations exist based on the existence of shares of stock?:Corporations can be classified as Stock Corporation
which has a capital stock divided into shares