OPC Flashcards
Who can incorporate as OPC?
NET
natural person
estate
trustee
OPC liability
GR: separate liability
Except: joint and severally
cant prove the independence of personal
property from OPC
Not applicable to OPC
ABM
- authorized stock
- by-laws
- minutes of the meeting ( pero minutes book yes)
kasi nga isa niya lang
When to appoint officers (treasurer, sec, others)of OPC?
clue: A-O
15 days from receipt of COI
Period to submit names of OPC officers to SEC?
clue: A-O -10 days
5 days from appointment, notify SEC
Who can be director in an OPC?
the single stockholder himself is the automatic stockholder
conversion of OPC to stock corp & vice versa requires liquidation.
if the OPC acquires ALL stocks of a stock corporation, it is converted to stock corp
effectivity of conversion
False
True
issuance of amended COI
period to notify SEC of
- OPC conversion to stock corporation and
- final disposition by the legal heirs with transferred OPC shares
60 days notice to SEC from occurrence
NOT allowed to be OPC
clue: PNB Chacha
Public
Natural person to exercise prof
Banks, quasi- banks, pre-need, trust, insurance
Non-CHArtered GOCC
transfer of shares to legal heirs of OPC
- within 7 days from receipt of affidavit
2. legal heirs must notify SEC within 60 days on what to do with OPC
Validity of nominee and alternate nominee
written consent attached to AI
Change of nominee and alternate nominee requires AI amendment
false.
written consent of new designated people is enough
- President secretary is not allowed due to incompatible duties.
- President treasurer is allowed provided that
- True
2.
- give a bond
- written undertaking to administer faithfully the funds
Duties of OPC Secretary
read lang
- maintaining of minutes book
- notify nominee or alternate nominee 5 days from occurrence of the death of the stockholder
- notify SEC 5 days from occurrence + stating the name, residence, contact details of legal heirs
- call the nominee or alternate nominee and the known legal heir to a meeting for
- election of new director
- amendment of AI and other matters
An OPC must contain OPC in its name as a basis also of its limited liability
True