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Philippine Bar review · Question

Practice question: Non-transferability

Multiple Choice Hard

Practice question

A sole proprietor sells the recruitment business, including its desks, records and trade name. The buyer starts recruiting under the seller's unexpired license, arguing that a sale of all business assets necessarily carries every permit. Which assessment is correct?
  1. The buyer acquires the license by paying the price.
  2. Transfer of desks transfers regulatory authority.
  3. The trade name is the license holder regardless of identity.
  4. The private sale does not transfer the recruitment license to the buyer.
  5. Only the workers' consent is needed to validate the assignment.

Legal references

  • 2023 DMW landbased Rules, Department Circular 01 s.2023, specified section: https://dmw.gov.ph/archives/v1/resources/dsms/DMW/ISN-EXT/2023/DMW-DC-01-2023.pdf — Sections 25–33; Labor Code Articles 18,26,29,34–35, official DOLE text: https://dole.gov.ph/book-1-pre-employment/ — Article 29.

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