1 It 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. A. CORPORATION B. SOLE PROPRIETORSHIP C. COOPERATIVE D. PARTNERSHIP 2 What is the corporate term under the revised corporation code? A. 50 YEARS, RENEWABLE FOR ANOTHER 50 YEARS B. PERPETUAL EXISTENCE C. 50 YEARS UNLESS THE ARTICLES OF INCORPORATION PROVIDES OTHERWISE D. 25 YEARS RENEWABLE FOR 50 YEARS 3 Corporations, 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 based on the shares held. A. GOVERNMENT-OWNED AND CONTROLLED CORPORATIONS B. STOCK CORPORATIONS C. NON-STOCK CORPORATIONS D. OPEN CORPORATIONS 4 When does a private corporation commence its corporate existence and juridical personality? A. DATE OF THE ISSUANCE OF THE BYLAWS B. DATE OF THE ISSUANCE OF THE ARTICLES OF INCORPORATION C. DATE OF THE ISSUANCE OF CERTIFICATE OF INCORPORATION D. DATE OF THE ISSUANCE OF CERTIFICATE OF REGISTRATION 5 How many is the number of incorporators under the revised corporation code? A. 5 TO 15 B. AT LEAST 10 C. NOT MORE THAN 15 D. NOT MORE THAN 20 6 They are those who compose a corporation, whether as stockholders or shareholders in a stock corporation or as members in a nonstock corporation. A. INCORPORATORS B. BOARD OF DIRECTORS C. BOARD OF TRUSTEES D. CORPORATORS 7 Shares classified in the articles of incorporation, which may be given certain rights, and privileges not enjoyed by the owners of the stocks. A. OWNERSHIP SHARES B. REDEEMABLE SHARES C. FOUNDERS' SHARES D. ORDINARY SHARES 8 These are shares which may be purchased by the corporation from the holders of such shares upon the expiration of a fixed period, regardless of the existence of unrestricted retained earnings in the books of the corporation. A. PREFERRED SHARES B. ORDINARY SHARES C. TREASURY SHARES D. REDEEMABLE SHARES 9 Shares which have been issued and fully paid, but subsequently reacquired by the issuing corporation by purchase, donation or through some other lawful means. A. PREFERRED SHARES B. ORDINARY SHARES C. TREASURY SHARES D. REDEEMABLE SHARES 10 These corporations shall not be required to have a minimum capital stock, except as otherwise specifically provided by special law. A. NONSTOCK CORPORATIONS B. OPEN CORPORATIONS C. CLOSE CORPORATIONS D. STOCK CORPORATIONS 11 A name is not distinguishable even if it contains one or more of the following, except: A. PARTNERSHIP B. COMPANY C. LIMITED LIABILITY D. LIMITED 12 A name is not distinguishable even if it contains one or more of the following, except: A. ARTICLES B. DIFFERENT TENSES C. FONT STYLE D. SPACING 13 The shares or series of shares may or may not have a par value, provided that the following except one, shall not be permitted to issue no-par value shares of stock. A. BANKS B. PRIVATE UTILITIES C. BUILDING AND LOAN ASSOCIATIONS D. PRE-NEED COMPANIES 14 Which of the following is not one of the contents of the articles of incorporation? A. NAME OF CORPORATION B. TERM FOR WHICH THE CORPORATION IS TO EXIST C. THE NAMES, NATIONALITIES, AND RESIDENCES OF THE INCORPORATORS D. THE NUMBER OF DIRECTORS OR TRUSTEES, WHICH SHALL BE MORE THAN 15 15 It is a corporation with a single stockholder. A. SOLE CORPORATION B. ONE PERSON CORPORATION C. SINGLE CORPORATION D. PRIVATE CORPORATION 16 The certificate of incorporation shall be deemed revoked, if it does not formally organize and commence its business within how many years from the date of its incorporation? A. 5 YEARS B. 10 YEARS C. 3 YEARS D. 2 YEARS 17 What is the period given to a delinquent corporation to resume operations and comply with all requirements prescribed by the Commission? A. 5 YEARS B. 10 YEARS C. 3 YEARS D. 2 YEARS 18 When shall the extension of the corporate term take effect? A. THE DAY AFTER THE PLAN OF EXTENSION B. THE DAY AFTER THE APPROVAL OF THE SECURITIES AND EXCHANGE COMMISSION C. EARLIER THAN 3 YEARS D. THE DAY AFTER FOLLOWING THE ORIGINAL OR SUBSEQUENT EXPIRY DATES 19 No application for revival certificate of incorporation of banks, trust companies, pawnshops and other financial intermediaries shall be approved by the Commission unless accompanied by a favourable recommendation of the appropriate ______ A. FOREIGN CORPORATION B. PARENT CORPORATION C. GOVERNMENT AGENCY D. INSTITUTIONS 20 Under the Revised Corporation Code, what is the new extension to the name of a corporation, as set forth in the Articles of Incorporation A. “INC.” B. “CORPORATION” C. “OPC” D. “LTD.” 21 Aside from directors, who shall not participate in the determination of their own per diems or compensation? A. SHAREHOLDERS B. TRUSTEES C. CORPORATE OFFICERS D. MEMBERS 22 Under the revised corporation code, a contract of the corporation with (1) one or more of its directors, trustees, officers or their spouses and relatives within the fourth civil degree of consanguinity or affinity is voidable, at the option of such corporation, unless all the following conditions are present, except: A. THE PRESENCE OF SUCH DIRECTOR OR TRUSTEE IN THE BOARD MEETING IN WHICH THE CONTRACT WAS APPROVED WAS NOT NECESSARY TO CONSTITUTE A QUORUM FOR SUCH MEETING B. THE VOTE OF SUCH DIRECTOR OR TRUSTEE WAS NOT NECESSARY FOR THE APPROVAL OF THE CONTRACT C. IN CASE OF AN OFFICER, THE CONTRACT HAS BEEN PREVIOUSLY AUTHORIZED BY THE BOARD OF DIRECTORS D. THE CONTRACT IS FAIR AND REASONABLE UNDER THE CIRCUMSTANCES 23 In accordance with the Revised Corporation Code, no articles of incorporation or amendment to articles of incorporation shall be approved by the Commission in the following entities except: A. BANKS B. PUBLIC UTILITIES C. NSSLAS D. PAWNSHOPS 24 Which of the following is not a requirement for the election of directors? A. STOCKHOLDERS, REPRESENTING A MAJORITY OF THE OUTSTANDING CAPITAL STOCK OF THE CORPORATION MUST BE PRESENT, EITHER IN PERSON OR BY PROXY B. THE ELECTION MUST BE BY BALLOT C. THE DIRECTORS MAY OR MAY NOT BE A SHAREHOLDER D. NO DELINQUENT STOCK SHALL VOTE OR BE VOTED FOR 25 The certificate of incorporation is revoked if the corporation does not organize commence its operations within how many years? A. 2 YEARS B. 3 YEARS C. 4 YEARS D. 5 YEARS 26 He is an impartial person who is neither a stockholder nor a creditor of the corporation or any of its subsidiaries or affiliates, and whose further qualifications, if any, may be determined by the Commission. A. PROVISIONAL DIRECTOR B. INTERLOCKING DIRECTOR C. RECEIVER OF THE CORPORATION D. OUTSIDER 27 Who may not incorporate as One Person CorporationS? A. NATURAL PERSON B. BANKS C. QUASI-BANKS D. PUBLICLY LISTED COMPANIES 28 To whom does the power to remove directors exclusively belongs to? A. CORPORATORS B. PRESIDENT C. CORPORATE OFFICERS D. STOCKHOLDERS 29 It is a corporation not required to have a minimum authorized capital stock except as otherwise provided by special law. A. STOCK CORPORATION B. OPEN CORPORATION C. ONE PERSON CORPORATION D. GROUP CORPORATION 30 Who among the following shall not receive any compensation, except for reasonable per diems? A. CORPORATORS B. DIRECTORS C. INCORPORATORS D. CORPORATE OFFICERS 31 They are those who compose a corporation, whether as stockholders or as members. A. INCORPORATORS B. CORPORATORS C. TRUSTEES D. FOUNDERS 32 Where should a corporation keep or preserve its important information? A. PRINCIPAL OFFICE B. EITHER IN THE SUBSIDIARIES OR PARENT COMPANY C. OFFICE OF THE TREASURER D. ANYWHERE WITH THE BOARD OF DIRECTORS’ DISCRETION 33 These are the members of the board of directors in a certain corporation who are also directors in another corporation. A. INTERLOCKING DIRECTORS B. TRUSTEES C. ACTIVE DIRECTORS D. INDEPENDENT DIRECTORS 34 Under the Revised Corporation Code, consideration for the issuance of stocks, may be through the following except: A. CURRENT AND FUTURE INDEBTEDNESS OF THE CORPORATION B. ACTUAL CASH PAID TO THE CORPORATION C. AMOUNTS TRANSFERRED FROM UNRESTRICTED RETAINED EARNINGS TO STATED CAPITAL D. OUTSTANDING SHARES EXCHANGED FOR STOCKS IN THE EVENT OF RECLASSIFICATION OR CONVERSION 35 He is a person who is independent of management and free from any business or other relationship which could, or could reasonably be perceived to materially interfere with the exercise of independent judgment in carrying out the responsibilities as a director. A. INTERLOCKING DIRECTORS B. TRUSTEES C. INDEPENDENT DIRECTORS D. EXCECUTIVE COMMITTEE 36 Which of the following is not a power and capacity of corporation? A. TO SUE BUT NOT TO BE SUED IN ITS CORPORATE NAME B. TO ADOPT AND USE A CORPORATE SEAL C. TO AMEND ITS ARTICLES OF INCORPORATION D. TO ADOPT BYLAWS, NOT CONTRARY TO LAW, MORALS, OR PUBLIC POLICY, AND TO AMEND OR REPEAL THE SAME 37 At each regular meeting of stockholders or members, the board of directors or trustees shall endeavor to present to stockholders or members the following, except: A. A DETAILED, DESCRIPTIVE, BALANCED AND COMPREHENSIBLE ASSESSMENT OF THE CORPORATION’S PERFORMANCE, WHICH SHALL INCLUDE INFORMATION ON ANY MATERIAL CHANGE IN THE CORPORATION’S BUSINESS, STRATEGY, AND OTHER AFFAIRS B. DIRECTOR OR TRUSTEE PROFILES WHICH SHALL INCLUDE, AMONG OTHERS, THEIR QUALIFICATIONS AND RELEVANT EXPERIENCE, LENGTH OF SERVICE IN THE CORPORATION, TRAININGS AND CONTINUING EDUCATION ATTENDED, AND THEIR BOARD REPRESENTATIONS IN OTHER CORPORATIONS C. THE PROFILES OF GOVERNMENT EMPLOYEES D. DIRECTOR DISCLOSURES ON SELF-DEALINGS AND RELATED PARTY TRANSACTIONS 38 Who cannot attend meetings and vote in behalf of the stockholders or members without need of any written proxy as duly appointed by the court? A. RECEIVERS B. EXECUTORS C. DRAWERS D. ADMINISTRATORS 39 Who among the following cannot attend or vote by proxy at board meetings? A. ANY SHAREHOLDER B. TRUSTEES C. ANY MEMBER D. CORPORATE OFFICERS 40 A notice of meeting is accompanied by the following, except: A. THE AGENDA FOR THE MEETING B. A PROXY FORM WHICH SHALL BE SUBMITTED TO THE BOARD OF DIRECTORS WITHIN A REASONABLE TIME PRIOR TO THE MEETING C. WHEN ATTENDANCE, PARTICIPATION, AND VOTING ARE ALLOWED BY REMOTE COMMUNICATION OR IN ABSENTIA, THE REQUIREMENTS AND PROCEDURES TO BE FOLLOWED WHEN A STOCKHOLDER OR MEMBER ELECTS EITHER OPTION D. WHEN THE MEETING IS FOR THE ELECTION OF DIRECTORS OR TRUSTEES, THE REQUIREMENTS AND PROCEDURE FOR NOMINATION AND ELECTION 41 It is one where no part of its income is distributable as dividends to its members, trustees, or officers. A. STOCK CORPORATIONS B. OPEN CORPORATIONS C. PRIVATE CORPORATION D. NONSTOCK CORPORATIONS 42 Under the Revised Corporation Code, the number of trustees as fixed in the articles of incorporation or bylaws _____ A. SAME WITH NUMBER OF MEMBERS B. MAY OR MAY NOT BE MORE THAN 15 C. ANY NUMBER D. LIMITLESS 43 Which of the following is the new type of special corporation as stated in the Revised Corporation Code? A. EDUCATIONAL CORPORATION B. ONE PERSON CORPORATION C. CLOSE CORPORATION D. RELIGIOUS CORPORATION 44 A stockholder or member who participates through _____ or in absentia, shall be deemed present for purposes of quorum. A. REMOTE COMMUNICATION B. REPRESENTATIVE C. PUBLIC D. PRESENTIA 45 A person shall be disqualified from being a director, trustee, or officer of any corporation if, within five (5) years prior to the election or appointment as such, the person was convicted with the following final judgment except: A. OF AN OFFENSE PUNISHABLE BY IMPRISONMENT FOR A PERIOD EXCEEDING SIX (6) YEARS B. FOR VIOLATION THE REVISED CORPORATION CODE C. FOR VIOLATING REPUBLIC ACT NO. 8799, OTHERWISE KNOWN AS “THE SECURITIES REGULATION CODE”; D. FOR VIOLATING THE NATURAL LAWS 46 Which of the following is not a content of Bylaws? A. THE TIME, PLACE AND MANNER OF CALLING AND CONDUCTING REGULAR OR SPECIAL MEETINGS OF THE DIRECTORS OR TRUSTEES B. THE TIME AND MANNER OF CALLING AND CONDUCTING REGULAR OR SPECIAL MEETINGS OF THE STOCKHOLDERS OR MEMBERS C. THE REQUIRED QUORUM IN MEETINGS OF STOCKHOLDERS OR MEMBERS AND MANNER OF VOTING D. THE NUMBER OF AUTHORIZED SHARES BY NONSTOCK CORPORATIONS 47 Where should be the place of meeting be held whether regular or special? A. IN THE PHILIPPINES OR IN OTHER COUNTRIES B. TO ANY MUNICIPALITY OR CITY WHERE THE SUBSIDIARIES ARE LOCATED C. PRINCIPAL OFFICE OF THE CORPORATION D. ANYWHERE WITH THE DISCRETION OF THE BOARD OF DIRECTORS 48 if the total assets or total liabilities of the corporation is ______, or such other amount as may be determined appropriate by the Department of Finance, the financial statements may be certified under oath by the treasurer and the president. A. LESS THAN P600,000 B. MORE THAN P500,000 C. LESS THAN P1,000,000 D. EXCEEDING P10,000,000 49 Which of the following is not a necessary information for a corporation to keep or preserve? A. ARTICLES OF INCORPORATION AND THE BYLAWS OF A CORPORATION AND ITS AMENDMENTS B. THE RELATIONSHIPS OF THE BOARD OF DIRECTORS AND THE CORPORATE OFFICERS C. A RECORD OF ALL BUSINESS TRANSACTIONS D. THE MINUTES OF MEETINGS OF STOCKHOLDERS OR THE BOARD OF DIRECTORS 50 When should the regular meeting be held if it is not fixed in the Bylaws? A. ANY DATE IN THE MONTH OF APRIL OF EVERY YEAR B. ANYTIME MAJORITY OF THE BOARD OF DIRECTORS CALL FOR THE MEETING C. ANY DATE AFTER APRIL 15 OF EVERY YEAR D. ANY DATE AFTER THE FIRST QUARTER EVERY YEAR No. RCC 1 A 2 B 3 B 4 C 5 C 6 D 7 C 8 D 9 C 10 D 11 A 12 C 13 B 14 D 15 B 16 A 17 D 18 D 19 C 20 C 21 B 22 B 23 B 24 C 25 D 26 A 27 A 28 D 29 C 30 B 31 B 32 A 33 A 34 A 35 C 36 A 37 C 38 C 39 B 40 B 41 D 42 B 43 B 44 A 45 D 46 D 47 C 48 A 49 B 50 C
16 - UNITED COCONUT PLANTERS BANK, VS. SECRETARY OF JUSTICE, OFFICE OF THE CHIEF PROSECUTOR, TIRSO ANTIPORDA, JR. AND GLORIA CARREON, G.R. No. 209601, January 12, 2021