Philippine Bar review · Question

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

Multiple Choice Medium

Practice question

A trust entity’s ordinary creditor seeks satisfaction from assets clearly held as trustee for a separate identified trust. The creditor is not a party interested in that trust and supplies no other legal basis. Which is correct?
  1. Section 92 protects the stated trust assets from that unrelated claim.
  2. Every asset in the building belongs to every creditor
  3. Trust records automatically make all claims equal
  4. The creditor becomes a beneficiary by demanding payment
  5. The entity may call any unrelated debt a trust claim

Legal references

  • General Banking Law, RA 8791, Sections 3, 55, 87-88 and 92-93: https://lawphil.net/statutes/repacts/ra2000/ra_8791_2000.html

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