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Philippine Bar review · Question

Practice question: Sale of Delinquent Shares

Multiple Choice Hard

Practice question

At a valid auction, two bidders each offer the entire required amount. One seeks10 shares; the other seeks9.5 shares. Both bids otherwise satisfy all requirements. The auctioneer rejects the latter solely because fractions are categorically forbidden. What is correct?
  1. The fraction is expressly contemplated, and the smaller qualifying share quantity governs
  2. Whole-share status automatically beats every fractional bid
  3. The higher share quantity always wins
  4. Neither bid may cover the full amount
  5. A fraction automatically creates a new subscription

Legal references

  • RA11232 Revised Corporation Code: https://lawphil.net/statutes/repacts/ra2019/ra_11232_2019.html Section67, especially corporate bid, treasury-share and notice provisions.

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