Philippine Bar review · Question

Practice question: Non-transferability

Multiple Choice Hard

Practice question

A license holder executes a private agreement selling its recruitment business and purporting to assign its license to a newly formed corporation. The corporation will use a different address and appoint its own recruiting agents. The parties believe one notarized agreement resolves every regulatory issue. Which assessment is most accurate?
  1. The agreement automatically transfers the license and approves the new address and agents
  2. The agreement transfers the license if the corporation assumes all liabilities
  3. The license cannot be assigned to the corporation, and address changes and agent appointments separately require prior DOLE approval
  4. Only the new agents need approval; the license and address transfer automatically
  5. No regulatory requirements apply because the sale is between private parties

Legal references

  • https://lawphil.net/statutes/presdecs/pd1974/pd_442_1974.html — Labor Code, Articles 13(d) and (f), 25, and 29, license or authority and nontransferability.

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