The document discusses a case between 14-CARE BEST INTERNATIONAL, INC. and the SECURITIES AND EXCHANGE COMMISSION. It notes that incorporation is a privilege granted by the state that requires compliance with procedures. It also notes that under Section 14(5) of the Corporation Code, articles of incorporation must include the legal names of incorporators, not aliases, and that all corporations must comply with the Corporation Code regardless of their clients.
The document discusses a case between 14-CARE BEST INTERNATIONAL, INC. and the SECURITIES AND EXCHANGE COMMISSION. It notes that incorporation is a privilege granted by the state that requires compliance with procedures. It also notes that under Section 14(5) of the Corporation Code, articles of incorporation must include the legal names of incorporators, not aliases, and that all corporations must comply with the Corporation Code regardless of their clients.
The document discusses a case between 14-CARE BEST INTERNATIONAL, INC. and the SECURITIES AND EXCHANGE COMMISSION. It notes that incorporation is a privilege granted by the state that requires compliance with procedures. It also notes that under Section 14(5) of the Corporation Code, articles of incorporation must include the legal names of incorporators, not aliases, and that all corporations must comply with the Corporation Code regardless of their clients.
#14-CARE BEST INTERNATIONAL, INC., petitioner , vs.
SECURITIES AND EXCHANGE COMMISSION AND ITS COMPLIANCE AND ENFORCEMENT DIVISION, respondents.
As correctly pointed out by the CA, incorporation is a mere
grant of privilege from the State and, in order to be entitled to such privilege, the requirements and procedures for the grant thereof must be complied with. Under Section 14 (5) of the Corporation Code, the articles of incorporation must state the names of the incorporators and this must necessarily refer to their legal names, not fictitious names or aliases which they have no authority to use, as in this case. The fact that petitioner had for its clients various government agencies is irrelevant as all corporations must comply with the provisions of the Corporation Code.