Log In Create Account

Philippine Bar review · Question

Practice question: Doctrine of Equality of Shares

Multiple Choice Hard

Practice question

An issuer validly creates two classes with different dividend preferences in the required articles and certificates, satisfying all statutory conditions. Within each class it treats equal shares alike. A claimant demands identical rights across both classes solely by invoking the default equality sentence, while conceding the lawful exception. Which is correct?
  1. The lawful exception must always be ignored
  2. Every preferred-share class is automatically void
  3. Only personal popularity controls
  4. The default must be read with the expressly permitted lawful differentiation; it does not erase the stipulated valid class rights.
  5. All corporate shares must be canceled

Legal references

  • Revised Corporation Code, RA 11232, Sections 3 and 6: https://lawphil.net/statutes/repacts/ra2019/ra_11232_2019.html

Answer this question in flashcards to review your response and continue practicing.