NEWS & ARTICLES

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Insights
Making the Agri-Agra Law: Work Some Implementable Proposals
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June 14, 2022
The Agri-Agra Law has been a frustration of regulators and farmers alike. The banks who find it inconvenient to comply just opt to pay the penalties. The penalties are not even prohibitive because the Central Bank implementors themselves (they will not admit it though) are...
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Insights
Tolerating Graft and Corrupt Practices
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June 7, 2022
Under Section 168 of the Revised Corporation Code (RCC), a director, trustee, or officer shall be punished with a fine ranging from P500,000 to P1.0 Million, who knowingly:   (a)        Fails to sanction, report, or file the appropriate action with the proper agencies; or (b)       ...
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THE WINS OF PANDEMIC CHANGE: Managing the Transitions
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May 31, 2022
After a bruising two-year pandemic, the world is eager to start living again albeit in a changed environment. We are in the midst of transition from epidemic to endemic, in the lengthy process of crossing over to a more stable recovery path and regaining the...
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When Does a Corporation Conduct its Business through Fraud?
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May 24, 2022
We posit that the offense sought to be punished under Section 165, i.e., “conducting its business through fraud,” does not provide a definition or the requisites by which to determine whether a crime has been committed. For example, it is not clear whether Section 165...
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Obtaining Corporate Registration through Fraud
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May 17, 2022
Section 164 of the Revised Corporation Code (RCC) provides that “those responsible for the formation of a corporation through fraud, or who assisted directly or indirectly therein,” shall be penalized with a fine ranging from P200,000 to P2.0 Million; But that,      when injurious or detrimental...
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Insights
After May 9, 2022
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May 10, 2022
By the time you read this, it would be the day after E-day. The voters would have fulfilled their duty and chosen their candidates. Between now and then, exactly a week would have lapsed. The mitings de avance haven’t taken place yet. The last-minute frenzied...
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How to take your high-performing SME into the Success Stage
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May 3, 2022
In the book Five Stages of Small Business Growth, researchers Neil C. Churchill and Virginia L. Lewis go in-depth about the growth framework that all small-to-medium enterprises (SMEs) normally go through. It describes the common scenarios and challenges companies face at each stage, and what...
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Insights
Willful Certification of Incomplete, Inaccurate, False, or Misleading Statements or Reports
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April 26, 2022
Under Section 162 of the Revised Corporation Code (RCC), any person who “willfully certifies” a report required under the Code, knowing that the same contains “incomplete, inaccurate, false, or misleading information or statements,” shall be punished with a fine ranging from P20,000 to P200,000; But...
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Violations of the Revised Corporation Code Specifically Punished
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April 19, 2022
Unauthorized Use of Corporate Name   Section 159 of the Revised Corporation Code (RCC) expressly penalizes “the unauthorized use of a corporate name” with a fine ranging from P10,000 to P200,000. The rather simplistic formula used under Section 159 raises many “due process” issues when...
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