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:
(a) Convicted by final judgment:
- (1) Of an offense punishable by imprisonment for a period exceeding 6 years;
- (2) For violating Republic Act No. 11232, otherwise known as the “Revised Corporation Code“; and
- (3) For violating Republic Act No. 8799, otherwise known as “The Securities Regulation Code”;
(b) Found administratively liable for any offense involving fraudulent acts; and
(c) By a foreign court or equivalent foreign regulatory authority for acts, violations or misconduct similar to those enumerated in paragraphs (a) and (b) above.
The foregoing is without prejudice to qualifications or other disqualifications, which the Securities and Exchange Commission, the primary regulatory agency, or the Philippine Competition Commission may impose in its promotion of good corporate governance or as a sanction in its administrative proceedings.
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