Div1 Flashcards

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1
Q

What are the attributes of a corporation?:The attributes of a corporation are that it is an artificial being

A

created by operation of law

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2
Q

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

A

enabling it to own properties

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3
Q

What is a corporation according to its definition?:A corporation is an artificial being created by operation of law

A

having the right of succession

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4
Q

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

A

which can be a general law like the RCC for private corporations or a special law for government-owned corporations.

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5
Q

Explain the attribute that a corporation has the right of succession.:The right of succession of a corporation means that it can exist continuously

A

either perpetually or by extending its corporate life if a fixed term is specified in its articles of incorporation.

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6
Q

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

A

either with perpetual existence or by extending its corporate life if a fixed term is specified in its articles of incorporation.

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7
Q

What does it mean for a corporation to have the powers

A

attributes

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8
Q

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

A

while a corporation has a legal personality distinct from its owners.

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9
Q

How is a partnership different from a corporation in terms of composition?:A partnership requires at least two partners

A

while a corporation can be composed of one person.

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10
Q

What is the liability difference between stockholders in a corporation and general partners in a partnership?:The liability of stockholders who are not directors

A

officers

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11
Q

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

A

property

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12
Q

According to the Civil Code of the Philippines

A

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

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13
Q

How does the management differ between a corporation and a partnership?:The business of a corporation is generally conducted by the Board of Directors

A

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.

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14
Q

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

A

while a partner cannot assign interest to a third party without partner consent due to the trust-based nature of partnerships.

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15
Q

What classes of corporations exist based on the existence of shares of stock?:Corporations can be classified as Stock Corporation

A

which has a capital stock divided into shares

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