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Philippine Bar review · Question

Practice question: Realization and Recognition

Multiple Choice Easy

Practice question

For Section 40’s qualifying exchange provisions, what voting-power ownership constitutes control under the CREATE amendment?
  1. Exactly 10%
  2. At least 51% of total voting power of voting stock, using the prescribed collective ownership rule
  3. Only the longest-serving director’s vote
  4. Any single share in every case
  5. Only a verbal claim of influence

Legal references

  • RA 11534, Section 10, amended NIRC Section 40(C)(2) and (6): https://lawphil.net/statutes/repacts/ra2021/ra_11534_2021.html

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