What is a capital stock? Should it be fully owned by Filipinos? (Section 12, RCC)

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Summary

This video clarifies the difference between 'capital stock' and 'share of stock' and discusses the Filipino percentage ownership requirements for various types of corporations as mandated by special laws and the constitution. It also addresses whether a minimum capital stock is required by law.

Highlights

Defining Capital Stock and Share of Stock
00:00:59

Capital stock is the total amount incorporators specify in the articles of incorporation, representing the maximum capital that can be raised. A share of stock, on the other hand, refers to the individual units into which the capital stock is divided, allowing for distribution to shareholders.

Minimum Capital Stock Requirements
00:02:28

Section 12 of the Revised Corporation Code generally does not require a minimum capital stock, as it doesn't offer protection to creditors. However, certain corporations, like commercial banks, investment houses, and insurance companies, are required by special laws to have a higher paid-up capital due to being vested with public interest.

Filipino Percentage Ownership Requirements
00:04:05

The video outlines various corporations with specific Filipino ownership requirements. Examples include 60% Filipino ownership for natural resource exploration, public service, and educational corporations; 100% for mass media; 70% for advertising; 60% of voting stock for banking corporations; 100% for retail trade with capital under $2.5M; a minimum of 40% for rural banks (with foreign investors up to 60%); 60% for coastwise shipping; and 100% for private detective and security guard agencies.

Importance of Adhering to Ownership Requirements
00:07:29

It's crucial for businesses to be aware of and comply with the minimum Filipino percentage ownership requirements when forming a corporation in these specific sectors to ensure legal operation.

Introduction to Capital Stock vs. Share of Stock
00:00:20

Attorney Marie Chris Mathan introduces the topic of capital stock, contrasting it with a share of stock, and announces a discussion on Filipino percentage ownership requirements for different corporations.

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