Hakot Corporation invested its funds in a foreign corporation with the approval of its board of directors. Perfect, a shareholder, questioned the investment made as the same was not approved by the required votes of the stockholders. Immediately thereafter, Hakot Corporation called a stockholders' meeting to have such investment ratified. May the illegal investment be ratified? Explain.
Q: When a certificate of stock is issued for shares whose subscription is not fully paid, then – a)…
A: The capital of a corporation is contributed by many number of persons and same is accounted in books…
Q: After dissolution caused by the illegal acts, fraud, corruption and etc. of the directors, trustees,…
A: Dissolution of a company is known as the process were the existing company is shut down by force of…
Q: Recently, ABC Ltd learned that one of its own minority shareholders registered a new company and was…
A: Minority shareholders are equity holders in a company who do not have voting power because they…
Q: hich of the following BEST describes Publicly held corporations? A. They are non-profit…
A: Step 1 A public company is one whose stock is sold and owned by the general public rather than…
Q: If a company’s constitution does not contain rules governing the forfeiture of shares, then the…
A: The correct option with explanation are as follows. Forfeiture of share means cancellation of share…
Q: In 2010, P Corporation passed a board resolution removing X from his position as general manager of…
A: Board of directors of the corporation can take decisions but every times decision might not be…
Q: The shareholders of Endicott Johnson who had dissented from a proposed merger of Endicott with…
A: Merger is the term of accounting which is described as the procedure for combining one company or…
Q: he Securities and Exchange Commission denied the amendment of the Articles of Incorporation of…
A: The Securities and Exchange Commission(SEC) has a right to deny amendments to the Articles of…
Q: When independent stock transfer agents are not employed and the corporation issues its own stock and…
A: Answer: Option A
Q: Which of the following statements is incorrect? New term for the corporation in the revised…
A: The preference shareholders have no rights and privileges as enjoyed by the equity share holder....…
Q: Which of the following would be termed a secondary transaction? General Electric Co issues…
A: Secondary Transactions are those transactions where an investor of a company sells its interest in…
Q: In the United States, there are three legal categories of firms: sole proprietorships, partnerships,…
A: Corporation can generate funds in a shorter period of time and in great abundance. Hence, option D…
Q: Which of the following will disqualify a corporation from electing Subchapter S status? All…
A: S corporation is formed for taking Tax advantage.
Q: Unknown to the other four proponents, Enrico (who had been given the task of attending to the…
A: The Question is related company law, As question is based on MCQ, it will be answered accordingly.
Q: What is the reason why close corporations are not allowed to engage in mining or oil companies,…
A: A business is characterized as an association or ambitious entity indulged in industrial,…
Q: A corporation cannot be held liable for personal indebtedness of a stockholder even if he is its…
A: There are various form of business organization
Q: Aziza works for a multinational investment adviser based in the USA, she has US citizenship since…
A: The Code and Standards set by the institute of Charter Financial Analysis, USA are the ethical…
Q: Corporations recognize no gain orloss when it issues stock shares for property even if the…
A: Section 351 states non recognition or not recording of the gain or loss on the property transfers…
Q: It is frequently stated that the one purpose of the preemptive right is to allow individuals to…
A: The importance of controlling for the average stockholder of a firm that has its shares traded on…
Q: A court does not have the power to remove a director when: Multiple Choice petitioned by…
A: Shareholders have the right to remove the directors without going to the court and they do not…
Q: In its filings with the State of Ohio, Soft Serve Ice Cream, Inc. states as its corporate purpose,…
A: Ultra vires acts are those acts that are not in the authority of a corporation to perform. In the…
Q: Shares are not deemed property within the Philippines when a. The shares are issued by a domestic…
A: Shares are deemed property within the philippines when 1.The shares are issued by a domestic…
Q: while investigating the shares offered to you by your potential boss, you discover that the company…
A: Hey, since there are multiple questions posted, we will answer the first question. If you want any…
Q: What would happen to the corporation if it failed to file by-laws? Would it dissolve the corporation
A: Meaning of Corporation: It refers to a legal entity which is distinct from its owners. Corporations…
Q: The interest of an interlocking director in one corporation may be either substantial or nominal. It…
A: The Corporation Code sanctions a contract between two or more corporations which have interlocking…
Q: The shareholders of Endicott Johnson who had dissented from a proposed merger of Endicott with…
A: Common stock: These are the ordinary shares that a corporation issues to the investors in order to…
Q: Which of the following actions would the Board of Directors have to have a shareholder vote in order…
A: Shareholders have not just the right to receive dividend, but they have the right to vote for…
Q: What if the chairman and president of the corporation are not around, and the bylaws did not provide…
A: The laws says that in the absence of chairman and president of the corporation , any one from the…
Q: Write T if the statement is correct and F if the statement is incorrect. On the space provided,…
A: Ans. F
Q: Why would a company have a physical headquarters in one state but file for incorporation in another…
A: Explanation : A Corporation can be incorporated in only one state and it can handle business in all…
Q: Which of the following statements is incorrect? O New term for the corporation in the revised…
A: In the given case the company cannot issue shares more than the authorised capital of such shares..…
Q: Having one person holding the position of the CEO and Chairman in a corporation can bring about…
A: TRUE
Q: One of the following is not an attribute of a close corporation: Restriction can be made prohibiting…
A: The Close corporation has required a minimum of one member or a maximum limit of up to 10 members.…
Q: A stockholder dissatisfied with the management of the corporation done by the Board of Directors…
A: Shareholder or Stockholder refers to the person, company which owns atleast one share of the stock…
Q: Corporate Ethics Is it unfair or unethical for corporations to create classes of stock with unequal…
A: The Company is allowed to Create a Number of Classes of stock they want, it can have different…
Q: At the 2019 international meeting of business leaders, Michael Owusu said that multi-jurisdictional…
A: Corporate Governance is an important characteristic feature to be followed by all the companies for…
Q: When a corporation is dissolved due to fraud, graft, and corruption, can innocent employees and…
A: Liabilities are referred, when the money is borrowed and there is obligation to pay that sum of…
Q: A corporation incurred liabilities to its suppliers. The suppliers filed a case against the board of…
A: Lets understand the basics. Company or corporation kind of structure are structure in which company…
Q: A corporation formed for the purpose of manufacturing, buying, selling, and dealing in drugs,…
A:
Q: All shareholders should be treated fairly, including those who constitute a minority, individuals…
A: Equitable treatment of shareholders: This principle signifies that the management must be balance in…
Q: Identify the false statement: A. Dividends earned by a resident foreign corporation from a…
A: Dividends is referred to as the distribution of the earnings of the corporation to the shareholder's…
Q: Whereas, a decrease of the authorized capital stock will not be approved by the SEC if the effect is…
A: Authorized share capital is the maximum amount of share capital that a company can issue. This limit…
Q: Incorporation is always the best business organization for tax purposes at the federal level.…
A: A tax reform refers to any alteration in taxation norms, policies, or procedures.
Q: Which of the following situations are unlikely to represent control over an investee? A. Owning…
A: The 51% of shares are owned would show majority shareholding of the company. If the constitution…
Q: The following are lessons (from previous derivative mishaps) for non-financial corporations except…
A: Answer is option 4. The following are lessons (from previous derivative mishaps) for non-financial…
Q: China Investments Pty Ltd, a wholly owned subsidiary of AMGL, has not adopted a constitution. It…
A: GIVEN China Investments Pty Ltd, a wholly owned subsidiary of AMGL, has not adopted a…
Hakot Corporation invested its funds in a foreign corporation with the approval of its board of directors. Perfect, a shareholder, questioned the investment made as the same was not approved by the required votes of the stockholders. Immediately thereafter, Hakot Corporation called a stockholders' meeting to have such investment ratified. May the illegal investment be ratified? Explain.
Step by step
Solved in 2 steps
- The Securities and Exchange Commission denied the amendment of the Articles of Incorporation of Corporation B because it found out the corporation will be used as a drug den. What is the definite ground of disapproval of the amendment? a. The certification concerning the amount of capital stock subscribed and/ or paid is false. b. The purpose/s are patently unconstitutional, illegal, immoral or contrary to government rules and regulations. c. Not substantially in accordance with the Code. d. The required percentage of Filipino ownership of the capital stock under existing laws or Constitution has not been complied with.Whereas, a decrease of the authorized capital stock will not be approved by the SEC if the effect is to prejudice the rights of the creditors, and yet no such qualification is provided for under the Corporation Code when it comes to the increase in authorized capital stock, because – It is an application of the coverage of the trust fund that always makes an increase of authorized capital stock favorable or non-prejudicial to the creditors of the corporation. It is presumed that creditors of the corporation will always be happy with the increased of its authorized capital stock. No appraisal right is triggered by an increase in the authorized capital stock of the corporation. Creditors of the corporation, not being within the intra-corporate relationship, have no standing on matters that pertain to the capital structure of the corporation.The Corporation Code sanctions a contract between two or more corporations which have interlocking directors, provided there is no fraud that attends it and it is fair and reasonable under the circumstances. The interest of an interlocking director in one corporation may be either substantial or nominal. It is nominal if his interest: a. does not exceed 25% of the outstanding capital stock. b. exceeds 25% of the outstanding capital stock. c. exceeds 20% of the outstanding capital stock. d. does not exceed 20% of the outstanding capital stock.
- Unknown to the other four proponents, Enrico (who had been given the task of attending to the Articles of Incorporation of the proposed corporation, Auto Mo,AyosKo) misappropriated the filing fees and never filed the Articles of Incorporation with the Securities and ExchangeCommission (SEC). Instead, he prepared and presented to the proposed incorporators a falsified SEC certificate approving the Articles. Relying on the falsified SEC certificate, the latter began assuming and discharging corporate powers. . Auto Mo, Ayos Ko is a __________. a. de jure corporation b. de facto corporation c. corporation by estoppel d. general partnershipA court does not have the power to remove a director when: Multiple Choice petitioned by shareholders. it finds that the director engaged in fraudulent conduct. it finds that the director intentionally inflicted harm on the corporation. it believes removal would help the corporation operate more globally responsibly.The following are the characteristics of a close corporation, except: a. Any action by the directors of a close corporation without a meeting shall nevertheless be deemed valid. b. Pre-emptive right does not extend to all stock issuances. c. Deadlock in the board is settled by the SEC upon the written petition by any stockholder. d. A stockholder may withdraw and avail of his right of appraisal.
- You are offered a job you know that accepting this job may eventually lead to a promotion into the role of the financial manager. As the potential financial manager, what federal and shareholder requirements would you need to be familiar with in order to ensure that you are being completely compliant? While investigating the shares offered to you by your potential boss, you discover that the company you are considering working for is not registered as required under the Securities Act of 1933. How does this influence you as a potential employee and as a potential shareholder relative to any applicable statutes or laws?When a corporation is dissolved due to fraud, graft, and corruption, can innocent employees and stockholders have claims over the asset of the corporation after satisfying all its liabilities?In its filings with the State of Ohio, Soft Serve Ice Cream, Inc. states as its corporate purpose, “the distribution and sale of ice cream and other dairy products.” Seeing an opportunity to increase revenues, the chief executive approves the use of corporate funds to of Soft Serve to open a gaming venue called SS Gaming. This would be a case of: a. An ultra vires act b. Piercing the corporate veil c. Establishing a de facto corporation d. An alter ego of the corporation
- Dirks was an officer of a New York broker-dealer firm that specialized in providing investment analysis of insurance company securities to institutional investors. On March 6, Dirks received information from Ronald Secrist, a former officer of Equity Funding of America. Secrist alleged that the assets of Equity Funding, a diversified corporation primarily engaged in selling life insurance and mutual funds, were vastly overstated as the result of fraudulent corporate practices. Dirks decided to investigate the allegations. He visited Equity Funding’s headquarters in Los Angeles and interviewed several officers and employees of the corporation. The senior management denied any wrongdoing, but certain corporation employees corroborated the charges of fraud. Neither Dirks nor his firm owned or traded any Equity Funding stock, but throughout his investigation he openly discussed the information he had obtained with a number of clients and investors. Some of these persons sold their holdings…What is the reason why close corporations are not allowed to engage in mining or oil companies, stock exchanges, banks, insurance companies, public utilities, educational institution, and corporation to be vested with public interest?In 2010, P Corporation passed a board resolution removing X from his position as general manager of said corporation. The by-laws of P Corporation provides that the officers are the president, general-manager, treasurer and secretary. Upon complaint filed with the SEC, it held that the general manager could be removed by mere resolution of the Board of Directors. On motion for reconsideration, X alleged that he could only be removed by the affirmative vote of the stockholders representing 2/3 of the outstanding capital stock. Is X’s contention tenable? No, the voting requirement is only majority of the Board of Directors. No, the vote required is majority of the board and 2/3 of the outstanding capital stock consenting. Yes, the voting requirements is only 2/3 of the outstanding capital stock. No, the required vote is majority of the Board of Directors consented by majority of the outstanding capital stock