The rules on the Determination of Dominance are provided in Republic Act No. 10667, also known as the “Philippine Competition Act“, and its Implementing Rules and Regulations (IRR). These rules are as follows:
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Determination of Control under the Philippine Competition Act
The rules on the determination of control are provided in Republic Act No. 10667, also known as the “Philippine Competition Act“, and its Implementing Rules and Regulations (IRR). These rules are as follows:
Continue readingDetermination of Relevant Market under the Philippine Competition Act
The rules on the determination of relevant market are provided in Republic Act No. 10667, also known as the “Philippine Competition Act“, and its Implementing Rules and Regulations (IRR). These rules are as follows:
Continue readingForbearance of the Philippine Competition Commission
The rules on forbearance by the Philippine Competition Commission (“Commission”) are provided in Republic Act No. 10667, also known as the “Philippine Competition Act“, and its Implementing Rules and Regulations (IRR). These rules are:
Continue readingPrimer on the Rule on Administrative Search and Inspection under the Philippine Competition Act
The Philippine Competition Commission (PCC), created under Republic Act No. 10667 (Philippine Competition Act), has the power undertake inspections to prevent the removal, concealment, tampering with, or destruction of books, records, or other documents. The inspection order, which must be issued by the proper court, is covered by the Rule on Administrative Search and Inspection under the Philippine Competition Act (“Rule”) issued by the Supreme Court (A.M. No. 19-08-06-SC). Here is a summary/primer of the Rule.
Continue readingCrowdfunding: Eligibility for Exemption from Registration of Securities
Crowdfunding is an exemption to the requirement that securities cannot be sold or offered for sale within the Philippines without a registration statement filed with and approved by the Securities and Exchange Commission (SEC). Under the Crowdfunding Rules, an issuer may offer or sell securities, provided that:
Continue readingPrescriptive Periods (Civil and Criminal Cases): Securities Regulation Code
The determination of the precriptive period, or the length of time within which an action must be filed before it is permanently barred, is generally easy. The prescriptive period is normally included in the law itself. The determination of the prescriptive period under the Securities Regulation Code (Republic Act No. 8799) is not simple, perhaps consistent with the esoteric nature of its subject matter.
Continue readingReportorial Requirements of One Person Corporations
The One Person Corporation or OPC must comply with a number of reportorial requirements. If the OPC fails to submit the reportorial requirements 3 times (whether consecutively or intermittently) within a period of 5 years, it may be declared under delinquent status.
Continue readingWho are Allowed/Not Allowed to Create a One Person Corporation
A One Person Corporation is defined as a corporation with a single stockholder, who must be a natural person, trust, or an estate. These are the only persons allowed to create or become the sole incorporator of a One Person Corporation.
Continue readingRegistration of One Person Corporations in the Philippines
A One Person Corporation or OPC, which is a single-stockholder corporation authorized under Title XIII of the Revised Corporation Code, is registered in the same way as other corporations. The following application requirements and process are culled from SEC Memorandum No. 7, series of 2019, and its accompanying documents.
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