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Philippine Bar review · Question

Practice question: Banks, Quasi-banks, and Trust Entities Distinguished

Multiple Choice Hard

Practice question

A trust entity proposes investing trust funds in a debt instrument of one of its directors without specific trustor authorization or prior disclosure of the relationship. It argues the transaction is exempt merely because it is not a deposit. Which is correct under section 80?
  1. Every nondeposit transaction is exempt
  2. Trust entities owe no conflict duties
  3. The proposed insider transaction encounters the section’s prohibition; specific authorization and prior relationship disclosure are required for its stated exception
  4. The director may authorize it for every trustor
  5. Only the amount of cash matters

Legal references

  • https://lawphil.net/statutes/repacts/ra2000/ra_8791_2000.html — RA 8791, sections 3, 4, 6 and 79–83

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