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Philippine Bar review · Question

Practice question: Closure

Multiple Choice Hard

Practice question

A minority holder of 5% of capital seeks ordinary merits review of a section 30 closure months after board receipt, arguing any shareholder may appeal at any time. Which is best under section 30’s specified remedy?
  1. Any shareholder has unlimited ordinary appeal
  2. A press release is the only remedy
  3. The statute specifies certiorari by record stockholders representing majority capital within ten days from board receipt, on the stated jurisdictional or grave-abuse grounds
  4. No court may ever examine any closure for any reason
  5. The remedy depends only on the claimant’s account balance

Legal references

  • https://lawphil.net/statutes/repacts/ra2019/ra_11211_2019.html — RA 11211, section 13 replacing RA 7653 section 30

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