ALBURO ALBURO AND ASSOCIATES LAW OFFICES ALBURO ALBURO AND ASSOCIATES LAW OFFICES

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June 1, 2022

Business Law and Labor Law Updates

 


CONDONATION OF SUBSCRIPTIONS RECEIVABLES OR CANCELLATION OF SUBSCRIPTIONS


  • Subscription receivables due from shareholders of a corporation cannot be condoned

  • The partially-paid subscription of a shareholder cannot be considered as full payment

  • Subscription contracts cannot be cancelled without just cause

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MERGERS AND ACQUISITIONS UNDER THE PHILIPPINE COMPETITION ACT


  • Parties to the merger or acquisition agreement wherein the value of the transaction exceeds one billion pesos (P1,000,000,000.00) are prohibited from consummating their agreement until thirty (30) days after providing notification to the Philippine Competition Commission.

  • Merger or acquisition agreements that substantially prevent, restrict or lessen competition in the relevant market or in the market for goods or services as may be determined by the Philippine Competition Commission shall be prohibited.

  • The acquisition of the stock or other share capital of one or more corporations solely for investment shall not be prohibited.

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ANTI-COMPETITIVE AGREEMENTS UNDER THE PHILIPPINE COMPETITION ACT


  • Agreements among competitors to restrict competition as to price, or components thereof, or other terms of trade is prohibited.

  • Agreements among competitors to fix price at an auction or in any form of bidding is prohibited.

  • An entity that controls, is controlled by, or is under common control with another entity or entities, have common economic interests, and are not otherwise able to decide or act independently of each other, shall not be considered competitors.

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REVOCATION OF LICENSE TO SELL


  • A license to sell subdivision lots and condominium units may be revoked by the National Housing Authority (NHA)

  • Before the license to sell may be revoked, a hearing on the matter must first be conducted

  • Pending of the hearing for the revocation of the license to sell, the NHA may suspend the license to sell

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