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AllBar 2024COMMERCIAL AND TAXATION LAWSI. CORPORATION LAW (R.A. No. 11232, Revised Corporation Code)D. Directors, Trustees, and Officers1. Qualifications and Disqualifications - Sections 22-26

Question

DIRECTORS, TRUSTEES, AND OFFICERS

Qualifications and Disqualifications - Sections 22-26

Discuss the following scenarios:

  1. John is a newly elected director of ABC Corporation. However, it was recently discovered that he has been convicted of a crime involving moral turpitude. Can John still serve as a director despite his conviction? Explain.
  2. Mary, a successful entrepreneur, wants to serve as a trustee of a charitable organization. However, she is also a director in a competing corporation. Can Mary hold positions as both a trustee and a director? Discuss.
  3. Steven, the CEO of XYZ Corporation, has been accused of engaging in fraudulent activities that have caused significant financial losses to the company. Can the shareholders remove Steven as the CEO based on these allegations? Elaborate.
  4. Emma, a government employee, wants to be appointed as an officer in a private company during her spare time. Are there any legal impediments prohibiting Emma from holding such position? Explain.
  5. James, an individual of sound mind and legal age, wants to be elected as a director of LMN Corporation. However, he is a resident of another country. Can James still qualify as a director of a Philippine corporation? Discuss.



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