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NEWS & ARTICLES
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When Does a Corporation Conduct its Business through Fraud?
MAP Insights
May 24, 2022
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
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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After May 9, 2022
MAP Insights
May 10, 2022
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
MAP Insights
May 3, 2022
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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Willful Certification of Incomplete, Inaccurate, False, or Misleading Statements or Reports
MAP Insights
April 26, 2022
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
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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The total package
MAP Insights
April 12, 2022
April 12, 2022
Whenever I dream of what we could become, the term “total package” crosses my mind. It’s mission-focused and considers the necessary capabilities, enablers and tools necessary to make things happen. At ground level, these include: Transforming our educational, political, cultural and economic systems and...
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Corporate Governance with a Gender Lens
MAP Insights
April 5, 2022
April 5, 2022
In celebration of Women’s Month, I had the privilege of speaking in a webinar organized by Women’s Business Council Philippines (WomenBizPH) and the Institute of Corporate Directors (ICD). As current and past member of the boards of both organizations which support the advocacies close to...
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Criminal Liability for Other Violations of Provisions Not Specifically Separate from Administrative Liability
MAP Insights
March 29, 2022
March 29, 2022
A second paragraph was introduced under Section 170 of the Revised Corporation Code (RCC) providing that “Liability for any of the foregoing offenses shall be separate from any other administrative, civil, or criminal liability under this Code and other laws.” It clearly expresses the Legislative...
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