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

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June 1, 2022

Legal Developments

The topics below may be relevant to your daily activities and will aid you to be updated to our current laws.

The articles are for general information and educational purposes only, and not offered and do not constitute legal advice or legal opinion; where the facts and circumstances warrant.

 


WHAT ARE THE MODES OF COMMITTING ILLEGAL RECRUITMENT?


  • Any non-licensee or non-holder of authority, who in any manner, offers or promises for a fee employment abroad to two (2) or more persons shall be deemed so as engaged in illegal recruitment.

  • Under the prevailing law, there are three modes of committing illegal recruitment:
    1) illegal recruitment per se, as defined in the first paragraph of Section 6 of R.A. No. 8042;
    2) illegal recruitment practices, as listed [(a) to (m)] in the same provision; and
    3) prohibited practices amounting to illegal recruitment as numerically listed, still in Section 6 of R.A. No. 8042.

  • Illegal recruitment per se can only be committed by non-licensees or non-holders of authority.

  • Illegal recruitment practices and prohibited practices amounting to illegal recruitment maybe committed by any person or entity, regardless of recruitment licensing status.

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WHAT ARE THE REMEDIES OF CORPORATIONS TO ENFORCE PAYMENT OF STOCKS?


Under the Revised Corporation Code of the Philippines (RCCP), a corporation may exercise the following remedies to enforce payment of stocks:

  • Judicial Action;

  • Extrajudicial delinquency sale at a public auction;

  • Collection from cash dividends.

Continue reading . . .

 

 


MAY A RELIGIOUS CORPORATION PURCHASE REAL AND PERSONAL PROPERTY?


  • A corporation sole may purchase and hold real estate and personal property for each church, charitable, benevolent, or educational purposes.

  • It may receive bequests or gifts for such purposes.

  • Such corporation may sell or mortgage real property held by it.

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WHAT IS THE DIFFERENCE BETWEEN A STOCK AND A NON-STOCK CORPORATION?


  • A corporation is an artificial being created by operation of law, having the right of succession and the powers, attributes, and properties expressly authorized by law or incidental to its existence.

  • Stock corporations are those which have capital stock divided into shares and are authorized to distribute to the holders of such shares, dividends, or allotments of the surplus profits on the basis of the shares held.

  • A nonstock corporation is one where no part of its income is distributable as dividends to its members, trustees, or officers.

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VOTING BY PROXY


  • Stockholders and members may vote in person or by proxy in all meetings of stockholders or members.

  • Unless otherwise provided in the proxy form, a proxy shall be valid only for the meeting for which it is intended. No proxy shall be valid and effective for a period longer than five (5) years at any one time.

  • Proxies, who are not stockholders or members, cannot be elected as director or trustee.

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