The document defines key terms related to financial rehabilitation and insolvency proceedings in the Philippines according to Republic Act No. 10142. Some of the terms defined include debtor, creditor, claim, administrative expenses, commencement date, rehabilitation, liquidation, voluntary and involuntary proceedings, secured and unsecured claims, subsidiary, parent, and voting creditors. The act provides a legal framework for the rehabilitation or liquidation of financially distressed corporations, partnerships, and individuals.
The document defines key terms related to financial rehabilitation and insolvency proceedings in the Philippines according to Republic Act No. 10142. Some of the terms defined include debtor, creditor, claim, administrative expenses, commencement date, rehabilitation, liquidation, voluntary and involuntary proceedings, secured and unsecured claims, subsidiary, parent, and voting creditors. The act provides a legal framework for the rehabilitation or liquidation of financially distressed corporations, partnerships, and individuals.
The document defines key terms related to financial rehabilitation and insolvency proceedings in the Philippines according to Republic Act No. 10142. Some of the terms defined include debtor, creditor, claim, administrative expenses, commencement date, rehabilitation, liquidation, voluntary and involuntary proceedings, secured and unsecured claims, subsidiary, parent, and voting creditors. The act provides a legal framework for the rehabilitation or liquidation of financially distressed corporations, partnerships, and individuals.
The document defines key terms related to financial rehabilitation and insolvency proceedings in the Philippines according to Republic Act No. 10142. Some of the terms defined include debtor, creditor, claim, administrative expenses, commencement date, rehabilitation, liquidation, voluntary and involuntary proceedings, secured and unsecured claims, subsidiary, parent, and voting creditors. The act provides a legal framework for the rehabilitation or liquidation of financially distressed corporations, partnerships, and individuals.
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The document discusses definitions of key terms under the Financial Rehabilitation and Insolvency Act (FRIA) of 2010. These include types of proceedings, claims, corporations, debtors, and creditors.
The purpose of FRIA is to ensure or maintain certainty and predictability in commercial affairs, preserve and maximize the value of assets of debtors, recognize creditor rights, and ensure equitable treatment of creditors.
The different types of proceedings under FRIA include voluntary proceedings initiated by the debtor, involuntary proceedings initiated by creditors, voluntary liquidation, and involuntary liquidation.
# STATEMENTS
This Act shall be known as the "Financial
Rehabilitation and Insolvency Act (FRIA) of 2010". A. REPUBLIC ACT NO. 10142 1 B. REPUBLIC ACT NO. 10155 C. REPUBLIC ACT NO. 10150 D. REPUBLIC ACT NO. 10100 It shall be made with a view to ensure or maintain certainly and predictability in commercial affairs, preserve and maximize the value of the assets of these debtors, recognize creditor rights and respect priority of claims, and ensure equitable treatment of creditors 2 who are similarly situated. A. REHABILITATION B. LIQUIDATION C. BOTH A & B D. NONE OF THE ABOVE It shall refer to those reasonable and necessary expenses incurred or arising from the filing of a petition under the provisions of this Act. 3 A. CLAIM B. ADMINISTRATIVE EXPENSES C. CONTROL D. AFFILIATE It shall refer to a corporation that directly or indirectly, through one or more intermediaries, is controlled by, or is under the common control of another corporation. 4 A. CLAIM B. ADMINISTRATIVE EXPENSES C. CONTROL D. AFFILIATE It shall refer to all claims or demands of whatever nature or character against the debtor or its property, whether for money or otherwise, liquidated or unliquidated, fixed or contingent, matured or 5 unmatured, disputed or undisputed. A. CLAIM B. ADMINISTRATIVE EXPENSES C. CONTROL D. AFFILIATE It shall refer to the power of a parent corporation to direct or govern the financial and operating policies of an enterprise so as to obtain benefits from its activities. 6 A. CLAIM B. ADMINISTRATIVE EXPENSES C. CONTROL D. AFFILIATE IT shall refer to the date on which the court issues 7 the Commencement Order, which shall be retroactive to the date of filing of the petition for voluntary or involuntary proceedings. A. DEBTOR B. COMMENCEMENT DATE C. CREDITOR D. COMMENCEMENT ORDER It shall refer to the order issued by the court under Section 16 of this Act. A. DEBTOR 8 B. COMMENCEMENT DATE C. CREDITOR D. COMMENCEMENT ORDER It shall refer to a sole proprietorship duly registered with the Department of Trade and Industry (DTI), a partnership duly registered with the Securities and Exchange Commission (SEC), a corporation duly organized and existing under Philippine laws, or an individual 9 debtor who has become insolvent as defined herein. A. DEBTOR B. COMMENCEMENT DATE C. CREDITOR D. COMMENCEMENT ORDER It shall refer to a natural or juridical person which has a claim against the debtor that arose on or before the commencement date. 10 A. DEBTOR B. COMMENCEMENT DATE C. CREDITOR D. COMMENCEMENT ORDER It shall refer to a claim that is secured by a lien. A. UNSECURED CLAIM 11 B. SECURED CLAIM C. UNSECURED CREDITOR D. SECURED CREDITOR It shall refer to a creditor with a secured claim. A. UNSECURED CLAIM 12 B. SECURED CLAIM C. UNSECURED CREDITOR D. SECURED CREDITOR It shall refer to a claim that is not secured by a lien. A. UNSECURED CLAIM 13 B. SECURED CLAIM C. UNSECURED CREDITOR D. SECURED CREDITOR It shall refer to a creditor with an unsecured claim. A. UNSECURED CLAIM 14 B. SECURED CLAIM C. UNSECURED CREDITOR D. SECURED CREDITOR 15 It shall refer to proceedings initiated by creditors. A. VOLUNTARY LIQUIDATION B. VOLUNTARY PROCEEDINGS C. INVOLUNTARY LIQUIDATION D. INVOLUNTARY PROCEEDINGS It shall refer to proceedings initiated by the debtor. A. VOLUNTARY LIQUIDATION 16 B. VOLUNTARY PROCEEDINGS C. INVOLUNTARY LIQUIDATION D. INVOLUNTARY PROCEEDINGS It is a self-imposed wind up and dissolution of a company that has been approved by shareholders. A. VOLUNTARY LIQUIDATION 17 B. VOLUNTARY PROCEEDINGS C. INVOLUNTARY LIQUIDATION D. INVOLUNTARY PROCEEDINGS It is a situation in which a company is forced by a court of law to stop doing business because it owes money and cannot pay its debts. 18 A. VOLUNTARY LIQUIDATION B. VOLUNTARY PROCEEDINGS C. INVOLUNTARY LIQUIDATION D. INVOLUNTARY PROCEEDINGS It connotes reopening or reorganization. Aim is to restore corporation to its successful operation and continue corporate life. 19 A. BANKRUPCY B. REHABILITATION C. INSOLVENCY D. LIQUIDATION It connotes winding up or settling with creditors and debtors. A. BANKRUPCY 20 B. REHABILITATION C. INSOLVENCY D. LIQUIDATION It is a legal process through which people or other entities who cannot repay debts to creditors may seek relief from some or all of their debts. 21 A. BANKRUPCY B. REHABILITATION C. INSOLVENCY D. LIQUIDATION It is the state of being unable to pay the money owed, by a person or company, on time. A. BANKRUPCY 22 B. REHABILITATION C. INSOLVENCY D. LIQUIDATION Nature of proceedings. 23 A. IN REM B. SUMMARY/NON-ADVERSARIRAL C. BOTH A & B D. NONE OF THE ABOVE Petition to initiate voluntary proceedings filed by debtor by whom if the business is sole proprietorship. A. OWNER 24 B. MAJORITY OF THE OWNERS C. MAJORITY OF THE DIRECTORS D. MAJORITY OF THE TRUSTEES Petition to initiate voluntary proceedings filed by debtor by whom if the business is partnership. A. OWNER 25 B. MAJORITY OF THE OWNERS C. MAJORITY OF THE DIRECTORS D. MAJORITY OF THE TRUSTEES Petition to initiate voluntary proceedings filed by debtor by whom if the business is stock corporation. A. OWNER 26 B. MAJORITY OF THE OWNERS C. MAJORITY OF THE DIRECTORS D. MAJORITY OF THE TRUSTEES Petition to initiate voluntary proceedings filed by debtor by whom if the business is non-stock corporation. 27 A. OWNER B. MAJORITY OF THE OWNERS C. MAJORITY OF THE DIRECTORS D. MAJORITY OF THE TRUSTEES Involuntary proceedings is initiated by, A. CREDITOR 28 B. GROUP OF CREDITORS C. DEBTOR D. BOTH A & B It shall refer to a corporation which has control over another corporation either directly or indirectly through one or more intermediaries. 29 A. SUBSIDIARY B. PARENT C. STAKEHOLDER D. OFFICER It shall refer to a corporation more than fifty percent (50%) of the voting stock of which is owned or controlled directly or indirectly through one or more intermediaries by another corporation, which thereby 30 becomes its parent corporation. A. SUBSIDIARY B. PARENT C. STAKEHOLDER D. OFFICER It shall refer to a natural person holding a management 31 position described in or contemplated by a juridical entity's articles of incorporation, bylaws or equivalent documents, except for the corporate secretary, the assistant corporate secretary and the external auditor. A. SUBSIDIARY B. PARENT C. STAKEHOLDER D. OFFICER It shall refer, in addition to a holder of shares of a corporation, to a member of a nonstock corporation or association or a partner in a partnership. 32 A. SUBSIDIARY B. PARENT C. STAKEHOLDER D. OFFICER It shall refer to transactions in the pursuit of the individual debtor's or debtor's business operations prior to rehabilitation or insolvency proceedings and on ordinary business terms. 33 A. ORDINARY COURSE OF BUSINESS B. EXTRAORDINARY COURSE OF BUSINESS C. EITHER OF A & B D. NEITHER A & B It shall refer to monetary claims against the debtor, including stockholder's advances that have been recorded in the debtor's audited financial statements as advances for future subscriptions. 34 A. EQUITY B. CAPITAL C. ASSET D. LIABILITY There is failure of rehabilitation in the following cases: A. Dismissal of the petition by the court 35 B. The debtor fails to submit a Rehabilitation Plan C. BOTH A & B D. NONE OF THE ABOVE Which is not a content of a Rehabilitation Plan? A. ESTABLISH CLASSES OF VOTING CREDITORS 36 B. ESTABLISH SUBCLASSES OF VOTING CREDITORS C. BOTH A & B D. ALL ARE CONTENTS OF REHABILITATION PLAN Party to the proceedings shall refer to ____ A. DEBTOR 37 B. CREDITOR C. STAKEHOLDER D. ALL OF THE ABOVE An act providing for the rehabilitation or liquidation of financially distressed enterprises and individuals. 38 A. REPUBLIC ACT NO. 10142 B. REPUBLIC ACT NO. 10155 C. REPUBLIC ACT NO. 10150 D. REPUBLIC ACT NO. 10100 It shall refer to a creditor that is a member of a class of creditors, the consent of which is necessary for the approval of a Rehabilitation Plan under this Act. 39 A. VOTING DEBTOR B. VOTING CREDITOR C. VOTING STAKEHOLDER D. VOTING SHAREHOLDER It shall be made according to the relevant provisions of the Corporation Code in the case of stock or nonstock corporations or the Civil Code in the case of partnerships that are not inconsistent with this Act. 40 A. DECISION OF CREDITOR B. DECISION OF DEBTOR C. DECISION OF STAKEHOLDER D. DECISION OF SHAREHOLDER It shall refer to a broker dealer, underwriter, transfer agent or other juridical persons transacting securities in the capital market. 41 A. SECURITIES MARKET PARTICIPANTS B. SECURITIES PRODUCTION PARTICIPANTS C. UNSECURED MARKET PATICIPANTS D. UNSECURED PRODUCTION PATICIPANTS It refers to administrative expenses, except? A. SELLING EXPENSES 42 B. PAYMENT OF NEW OBLIGATIONS C. FEES OF THE REHABILITATION RECEIVER D. OTHER EXPENSES ALLOWED BY THE COURT It shall refer to real or personal property of the debtor upon which a lien attaches. A. LIABILITY 43 B. LIEN C. ENCUMBERED PROPERTY D. COLLATERAL It shall refer to a statutory or contractual claim or judicial charge on real or personal property that legality entities a creditor to resort to said property for payment of the claim or debt secured by such lien. 44 A. LIABILITY B. LIEN C. ENCUMBERED PROPERTY D. COLLATERAL It shall refer to monetary claims against the debtor, including stockholder's advances that have been recorded in the debtor's audited financial statements as advances for future subscriptions. 45 A. LIABILITY B. LIEN C. ENCUMBERED PROPERTY D. COLLATERAL It is an asset that a lender accepts as security for a loan. A. LIABILITY 46 B. LIEN C. ENCUMBERED PROPERTY D. COLLATERAL All are considered equal before the liquidation proceeding. A. PARI EN PASSU 47 B. PARE PA NGIT C. AKO AY NA PASSU D. NONE OF THE ABOVE It shall refer to the person or persons, natural or juridical, appointed as such by the court pursuant to this Act and which shall be entrusted with such powers and duties as set forth herein. 48 A. CREDITOR B. DEBTOR C. REHABILITATION RECEIVER D. LIQUIDATION RECEIVER It shall refer to proceedings initiated by creditors. A. VOLUNTARY LIQUIDATION 49 B. VOLUNTARY PROCEEDINGS C. INVOLUNTARY LIQUIDATION D. INVOLUNTARY PROCEEDINGS It shall refer to proceedings initiated by the debtor. A. VOLUNTARY LIQUIDATION 50 B. VOLUNTARY PROCEEDINGS C. INVOLUNTARY LIQUIDATION D. INVOLUNTARY PROCEEDINGS An artificial being created by operation of law, having the right of succession and the powers, attributes and properties expressly authorized by law or incident to its existence. 1 A. CORPORATION B. PARTNERSHIP C. SOLE PROPRIETORSHIP D. JOINT-VENTURE It is a formal arrangement by two or more parties to manage and operate a business and share its profits. A. CORPORATION 2 B. PARTNERSHIP C. SOLE PROPRIETORSHIP D. JOINT-VENTURE It is a type of enterprise that is owned and run by one person and in which there is no legal distinction between the owner and the business entity. 3 A. CORPORATION B. PARTNERSHIP C. SOLE PROPRIETORSHIP D. JOINT-VENTURE Formed or organized for the government of the portion of the state. A. PRIVATE CORPORATION 4 B. PUBLIC CORPORATION C. GOCC D. NONE OF THE ABOVE Created for political purposes connected with the public good in the administration of the civil government. 5 A. PRIVATE CORPORATION B. PUBLIC CORPORATION C. GOCC D. NONE OF THE ABOVE A corporation is created by operation of law under the Corporation Code. A. PRIVATE CORPORATION 6 B. PUBLIC CORPORATION C. GOCC D. NONE OF THE ABOVE Mainly governed by the Corporation Code. A. PRIVATE CORPORATION 7 B. PUBLIC CORPORATION C. GOCC D. NONE OF THE ABOVE Created under a special law or charter. A. PRIVATE CORPORATION 8 B. PUBLIC CORPORATION C. GOCC D. NONE OF THE ABOVE When did the present corporation code effected? A. May 1, 1890 9 B. June 1, 1890 C. May 1, 1980 D. June 1, 1980 Corporation which have capital stock divided into shares and are authorized to distribute to the holder of such shares or allotments. 10 A. Non-stock B. Stock C. Public D. Private Another term for “special law”. A. Characters 11 B. General Law C. Chartres D. Charters Corporators in a stock corporation is? A. Members; stockholders 12 B. Incorporator; corporator C. Corporator; incorporator D. Stockholders, members The following may classify shares, except? A. Incorporators 13 B. Stockholders C. Board of directors D. Members Shares classified as such in the articles of incorporation which may be given certain rights and privileges not enjoyed by the owners of other stocks. 14 A. Redeemable shares B. Retained shares C. Funder’s share D. Founder’s share A corporation’s accumulated income after dividends have been distributed, except? A. Distributed profits 15 B. Undistributed profits C. Retained earnings D. Earned surplus Stocks issued for a consideration less than the par or issued price thereof or in any other form other than cash valued in excess of it fair value. 16 A. Watered stocks B. Treasury stocks C. Treasury shares D. Redeemable shares Incorporator must have at least 5-15 persons. A. Artificial 17 B. Natural C. Juridical D. Judicial Corporate term of a corporation. A. 50 years 18 B. 55 years C. 50 years unless sooner dissolved or extended D. 55 years unless sooner dissolved or extended There is no minimum authorized capital stock as long as the paid-up capital is not less than? A. P 3,000 19 B. P 30,000 C. P 5,000 D. P 50,000 A written contract to purchase newly issued shares of stock or bonds. A. Subscription 20 B. Stock subscription C. Both A & B D. None of the above It is a type of corporation that as to purpose, it is a 21 corporation formed for some private purpose, benefit or end. A. Public corporation B. Quasi-public corporation C. Private corporation D. D. Foreign corporation Shares which may give certain rights and privileges A. Founders share 22 B. Redeemable share C. Preferred stock D. Promotional share They are the one who certifies the financial statement of its asset and liabilities. A. CPA 23 B. Financial managers C. Attorney D. Corporation Portion of the authorized capital stock which has been both subscribed and paid A. Subscription 24 B. Paid-up Capital C. Treasury Stock D. Watered Stock In the articles of incorporation, there should be at least ___ to ___ incorporators. A. 5;15 25 B. 5;10 C. 5;20 D. 5;25 One that controls another as a subsidiary or affiliate by the power to elect its management. A. Holding Company 26 B. Affiliate Company C. Parent and Subsidiary Companies D. None of the Above One that is subject to common control to a mother or holding company and operated as part of a system. A. Holding Company 27 B. Affiliate Company C. Parent and Subsidiary Companies D. None of the Above When a corporation has a controlling financial interest in one or more corporations. A. Holding Company 28 B. Affiliate Company C. Parent and Subsidiary Companies D. None of the Above One which has a capital stock divided into shares and is authorized to distribute to the holders such shares, dividends or allotments of the surplus profit. 29 A. Non-stock Corporation B. Private Corporation C. Public Corporation D. Stock Corporation A corporation where no part of its income is distributable as dividends to members, trustees or officers. 30 A. Non-stock Corporation B. Private Corporation C. Public Corporation D. Stock Corporation It is known as an artificial being A. Limited partner 31 B. Corporation C. Partner by Estoppel D. Partnership What shares may be given certain rights and privileges that does not enjoyed by the owners of other stocks? A. Special shares 32 B. Redeemable shares C. Founder’s shares D. Share in escrow Stocks shall not be issued for a consideration ________the par or issued price thereof. A. Greater than 33 B. Equal C. Above D. Less than No shares of stock against which the corporation holds any shall be transferable in the book of the corporation. 34 A. Unpaid claim B. Unclaim but paid C. Claim and paid D. Paid claim Full amount on the issuance of stock certificate includes? A. Interest and income 35 B. Interest and expense C. Expense and income D. Any of the above They are the one who held corporate directors and officers for the solidary liability. A. SEC 36 B. BIR C. Supreme court D. Corporation Who pays to the corporation the unpaid subscription? A. Directors B. Members 37 C. Stockholders D. Subscribers
38 The following are the ways to pay unpaid subscription,
except? A. Voluntary B. Property dividends C. Extra-judicial D. Judicial Who declares unpaid subscription? A. Trustees 39 B. Directors C. Members D. Shareholders Duration in filing complaint in recovering delinquent stock. A. 3 months 40 B. 9 months C. 6 months D. 5 months The due incorporation of any corporation claiming to be in good faith to be a corporation under this code. A. De Facto Partnership 41 B. De Jure Corp C. De Jure Partnership D. De Facto Corp All persons who assumes to act as a corporation knowing it to be without authority to do so. A. Corporation by estoppel 42 B. Third person C. Estoppel D. Corporation by third person The 2-year rule and the 5-year rule are not applicable if the failure to organize or continuously operate is due to causes beyond the control of the corporation. 43 A. False B. True C. Maybe D. Depends The governing body of a corporation. A. Members 44 B. Corporate President C. Board of Directors D. Board of Trustees The following are contents of report of election, except? A. Names of the elected 45 B. Nationalities of the elected C. Residences of the elected D. All of the above representing a majority of the outstanding capital stock of the corporation must be present, 46 either in person or by proxy during the election A. Members B. Corporate President C. Board of Directors D. Board of Trustees Directors, trustees or offices convicted by final judgment of violation of the Corporation Code committed within prior to the date of his election or appointment. 47 A. 5 years B. 16 years C. 6 years D. 15 years are not allowed to attend or vote by proxy at board meetings. A. Directors 48 B. Trustees C. A and B D. A only The power to remove directors or trustees belongs to? A. Corporate officers 49 B. Stockholders C. Members D. B & C The following are filled of vacancies by the stockholders/members except? A. Decrease in the number of trustees 50 B. Removal by stockholders/members C. Expiration of a term D. Increase in number of directors