An act providing for the revised corporation code of the philippines
SEC. 176. Stock Ownership in Corporations
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2019Legislation RA-11232-REVISED-CORPORATION-CODE-2019
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- SEC. 177. Reportorial Requirements of Corporations
SEC. 176. Stock Ownership in Corporations. – Pursuant to the duties specified by Article
XIV of the Constitution, the National Economic and Development Authority (NEDA) shall, from time to time, determine if the corporate vehicle has been used by any corporation, business, or industry to frustrate the provisions of this Code or applicable laws, and shall submit to Congress, whenever deemed necessary, a report of its findings, including recommendations for their prevention or correction. The Congress of the Philippines may set maximum limits for stock ownership of individuals or groups of individuals related to each other by consanguinity, affinity, or by close business interests, in corporations declared to be vested with public interest pursuant to the provisions of this section, or whenever necessary to prevent anti-competitive practices as provided in Republic Page 68 of 73 Act No. 10667, otherwise known as the “Philippine Competition Act”, or to implement national economic policies designed to promote general welfare and economic development, as declared in laws, rules, and regulations. In recommending to the Congress which corporations, businesses and industries will be declared as vested with public interest, and in formulating proposals for limitations on stock ownership, the NEDA shall consider the type and nature of the industry, size of the enterprise, economies of scale, geographic location, extent of Filipino ownership, labor intensity of the activity, export potential, as well as other factors which are germane to the realization and promotion of business and industry. SEC. 177. Reportorial Requirements of Corporations. – Except as otherwise provided in this Code or in the rules issued by the Commission, every corporation, domestic or foreign, doing business in the Philippines shall submit to the Commission: (a) Annual financial statements audited by an independent certified public accountant: Provided, That if the total assets or total liabilities of the corporation are less than Six hundred thousand pesos (P600,000.00), the financial statements shall be certified under oath by the corporation’s treasurer or chief financial officer; and (b) A general information sheet. Corporations vested with public interest must also submit the following: (1) A director or trustee compensation report; and (2) A director or trustee appraisal or performance report and the standards or criteria used to assess each director or trustee. The reportorial requirements shall be submitted annually and within such period as may be prescribed by the Commission. The Commission may place the corporation under delinquent status in case of failure to submit the reportorial requirements three (3) times, consecutively or intermittently, within a period of five (5) years. The Commission shall give reasonable notice to and coordinate with the appropriate regulatory agency prior to placing under delinquent status companies under their special regulatory jurisdiction. Any person required to file a report with the Commission may redact confidential information from such required report: Provided, That such confidential information shall be filed in a supplemental report prominently labelled “confidential”, together with a request for confidential treatment of the report and the specific grounds for the grant thereof. Download 0.7 Mb. Do'stlaringiz bilan baham: |
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