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  • Articles of Partnership

    Form a general partnership

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    The Articles of Partnership is a document where persons enter into an agreement or contract of partnership. A partnership is when two or more persons bind themselves to contribute money, property, or industry to a common fund for the purpose of conducting business and with the intention that the profits and losses will be divided among them.

    Generally, a partnership can be general or limited.

    General Partnership. A general partnership is one where the partners are liable for the contracts and obligations of the partnership with their personal property. Generally, the partners' liability will be in proportion to the amount that they contributed to the partnership.

    Limited Partnership. On the other hand, a limited partnership is one where there is one or more general partners and one or more limited partners. Limited partners are only liable to the extent of their contribution. The partnership name of a limited partnership should always contain the word "Limited" or "Ltd.".

    This document is specifically drafted for general partnerships.

  • By-Laws for Stock Corporations

    Prepare the corporation's internal rules for its governance and management of stockholders & directors

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    In addition to the Articles of Incorporation which is required for every corporation, the corporation must also have By-Laws. The Articles of Incorporation is the corporation’s charter and contains its most basic information. On the other hand, the By-Laws contain provisions for the corporation’s internal government and for the management of its stockholders as well as those having the direction, management and control of the corporation.

    The Revised Corporation Code of the Philippines allows the By-Laws to be submitted to the SEC after the issuance of the Certificate of Incorporation. In practice though, the By-Laws are submitted together with the Articles of Incorporation for approval by the SEC.

    If the By-Laws will be submitted after incorporation, the approval of stockholders representing at least a majority of the outstanding capital stock must be obtained. The approval of the majority of directors must also be obtained. If the By-Laws will be submitted prior to incorporation, the By-Laws should be approved and signed by all the incorporators and submitted to the SEC together with the Articles of Incorporation. This By-Laws is intended to be submitted together with the Articles of Incorporation as is usual practice.

  • Cancellation of Chattel Mortgage

    Cancel an existing mortgage over movable property (i.e. vehicle, jewelry)

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    A Cancellation of Chattel Mortgage is a creditor’s (the “mortgagee”) declaration cancelling the mortgage executed in his favor by the debtor (the “mortgagor”) over certain movable property. Movable property is generally all things that can be transferred from one place to another (i.e. car, phone). If the property is attached to immovable property, it should be removable without damaging the immovable property. 

    Once the mortgage is cancelled the property is no longer considered as security for the debt and the mortgagee cannot foreclose the property.

  • Cancellation of Real Estate Mortgage

    Cancel an existing mortgage over immovable property (i.e. house, land)

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    A Cancellation of Real Estate Mortgage is a creditor’s (the “mortgagee”) declaration cancelling the real estate mortgage executed in his favor by the debtor (the “mortgagor”) over certain immovable property.  Generally immovable property is defined as follows:

    • Immovable by nature or those which cannot be moved from one place (i.e. land, roads).
    • Immovable by incorporation or those which are attached to an immovable in a fixed manner as to form an integral part thereof.  Examples are buildings, walls, fences, trees, statues, animal houses, machinery installed in a building to meet the needs of an industry in the building and docks on a river.
    • Immovable by destination or those which are placed in an immovable for the use of such immovable. (i.e. machinery in a factory).
    • Immovable by analogy or those which are considered immovable by operation of law because it is regarded as united to the property.

    Once the mortgage is cancelled the property is no longer considered as security for the debt and the mortgagee cannot foreclose the property.

  • Cease and Desist letter

    Formally demand another person to stop doing an act that infringes your rights under threat of legal action.

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    A Cease and Desist Letter is a formal warning to an individual or corporation to stop ("cease") and not continue ("desist") any offensive or illegal activity.  The letter explains why such activity infringes on the sender’s rights and gives the recipient a period of time to voluntarily comply with the demand.  The letter also states that if the recipient fails to comply within the given period, the sender is prepared to pursue appropriate legal remedies (i.e. file a complaint in court).

    There are no special legal requirements to send a Cease and Desist Letter but it’s best to use a mode of service where you can trace whether it was received or not (i.e. via courier).  Further, it’s advisable for you to save copies of the letter for yourself in case legal action is pursued later on. 

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