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JK&C LIBRARYSEC Memorandum Circular No. 04, s. 2003

Document Number
SEC Memorandum Circular No. 04, s. 2003
Date Issued
2003-03-28
Status
Current

Overview

SEC Memorandum Circular No. 4, Series of 2003 amends Rule II of the SEC Rules on Revocation of the Certificate of Registration of Corporations, Series of 1992. The amendments establish procedures for issuing show cause orders and provide corporations with an opportunity to appear at a hearing or explain why their certificates of registration should not be revoked.
The circular provides that, in specified circumstances, failure of a corporation to appear at a hearing or submit a justification within the prescribed period may result in the revocation of its corporate registration. It also allows publication of a show cause order when practicable, particularly when a large number of corporations are involved or their addresses are unknown.
The circular further provides for summary proceedings, a 30-day period for filing a motion for reconsideration after revocation, and a ₱1,000 fee for every motion for reconsideration or appeal. The amendments take effect 15 days after publication in a newspaper of general circulation in the Philippines.

Full Text

Overview

Document Number
SEC Memorandum Circular No. 04, s. 2003
Date Issued
March 28, 2003
Status
Current

SEC Memorandum Circular No. 4, Series of 2003 amends Rule II of the SEC Rules on Revocation of the Certificate of Registration of Corporations, Series of 1992. The amendments establish procedures for issuing show cause orders and provide corporations with an opportunity to appear at a hearing or explain why their certificates of registration should not be revoked. The circular provides that, in specified circumstances, failure of a corporation to appear at a hearing or submit a justification within the prescribed period may result in the revocation of its corporate registration. It also allows publication of a show cause order when practicable, particularly when a large number of corporations are involved or their addresses are unknown. The circular further provides for summary proceedings, a 30-day period for filing a motion for reconsideration after revocation, and a ₱1,000 fee for every motion for reconsideration or appeal. The amendments take effect 15 days after publication in a newspaper of general circulation in the Philippines.

Short Title / Subject

Revocation of Certificate of Registration of Corporations

Full Text

REPUBLIC OF THE PHILIPPINES

SECURITIES AND EXCHANGE COMMISSION

SEC Building, EDSA, Greenhills

City of Mandaluyong, Metro Manila

Memorandum Circular No. 4

Series of 2003

TO           :  ALL CONCERNED

RE           :  REVOCATION OF CERTIFICATE OF REGISTRATION OF CORPORATIONS

Pursuant to the Corporation Code, P.D. 902-A, as amended, Rule II of the SEC Rules on Revocation of the Certificate of Registration of Corporations, Series of 1992, is hereby amended to read as follows:

“Section 3. A show cause order shall be sent by registered mail to the executive officers or any of the directors/trustees of respondent corporation at their last known address directing them:

a .)               to appear before the Commission at a hearing on the date, time and at the place stated in the order. If respondent corporation failed to appear at the hearing and within thirty (30) days thereof, failed to submit any justification why its certificate of registration should not be revoked, the Commission shall, after lapse of the above- mentioned period, consider the corporate registration of respondent corporation as revoked; or

b.)                    to show cause within thirty (30) days from receipt thereof why its certificate of registration should not be revoked. Otherwise, the certificate of registration of respondent corporation shall be deemed revoked after the lapse of thirty (30) days from the date of notice or publication.

In cases where the Commission may deem practicable considering the great number or unknown addresses of corporations involved, the show cause order shall be published once in a newspaper of general circulation.

Section 4. The hearing officer assigned to conduct hearing shall administer oaths and receive evidence(s) which are deemed relevant and material.

Section 5. The proceedings for revocation of certificate of registration shall be summary in nature.

Section 7. The respondent corporation shall have thirty (30) days from the date of revocation within which to file a motion for reconsideration, otherwise the revocation order shall be final and executory.

Section 8. A fee of One Thousand Pesos (P1,000.00) shall be charged for every motion for reconsideration or appeal."

These amendments shall take effect fifteen (15) days after their publication in a newspaper of general circulation in the Philippines.

           Mandaluyong City, Metro Manila. March 28, 2003.  

LILIA R. BAUTISTA Chairperson

Official PDF

2003MCno04.pdf

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Source

Official Source: Securities and Exchange Commission

Official URL: https://www.sec.gov.ph/mc-2003/sec-memorandum-circular-no-04-11/#gsc.tab=0

Citation

Securities and Exchange Commission (SEC), Memorandum Circular, SEC Memorandum Circular No. 04, s. 2003, SEC Memorandum Circular No. 04, s. 2003, 2003-03-28

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Source

Securities and Exchange Commission Official source

Citation

Securities and Exchange Commission (SEC), Memorandum Circular, SEC Memorandum Circular No. 04, s. 2003, SEC Memorandum Circular No. 04, s. 2003, 2003-03-28