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Philippine Bar review · Question

Practice question: Trust Fund Doctrine

Multiple Choice Hard

Practice question

An insolvent company distributes corporate assets to shareholders while leaving creditors unpaid. A shareholder says the distribution is immune because that shareholder fully paid all subscriptions. Which Halley principle is relevant?
  1. Full payment always immunizes every asset received.
  2. Only unpaid subscribers can ever be affected.
  3. Corporate assets improperly distributed to shareholders can be reachable for creditors under the doctrine despite full subscription payment.
  4. The distribution automatically converts creditors into directors.
  5. Every unrelated personal asset must therefore be forfeited.

Legal references

  • Halley v. Printwell, GR157549, May30 2011, main decision: https://lawphil.net/judjuris/juri2011/may2011/gr_157549_2011.html
  • Enano-Bote v. Alvarez, GR223572, November10 2020, main decision: https://lawphil.net/judjuris/juri2020/nov2020/gr_223572_2020.html

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