ALBURO ALBURO AND ASSOCIATES LAW OFFICES ALBURO ALBURO AND ASSOCIATES LAW OFFICES

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MON-SAT 8:30AM-5:30PM

June 1, 2022

Legal Developments


HOW MAY A PLANHOLDER TERMINATE HIS PRE-NEED PLAN?


  • A planholder may terminate his pre-need plan at any time by giving written notice to the issuer

  • Nonpayment of a plan within the grace period shall render the plan a lapsed plan

  • The planholder may reinstate his plan

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MAY THE LICENSE OF A FOREIGN CORPORATION TO TRANSACT BUSINESS IN THE PHILIPPINES BE REVOKED?


  • A foreign corporation lawfully doing business in the Philippines shall be bound by all laws applicable to domestic corporations

  • A foreign corporation authorized to transact business in the Philippines shall obtain an amended license in the event it changes its corporate name

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  • The license of a foreign corporation to transact business in the Philippines may be revoked or suspended by the Securities and Exchange Commission

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ON REGISTRATION OF PRE-NEED PLANS


  • For every pre-need plan which the pre-need company intends to offer for sale to the public, the pre-need company shall file with the Insurance Commission a registration statement for the sale of pre-need plans

  • Pre-need plans shall be advertised and sold in an appropriate non-misleading manner

  • No registered pre-need plan shall be sold to prospective planholders unless an information brochure has been provided to the purchaser

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LICENSING OF SALES COUNSELORS AND GENERAL AGENTS


  • Sales counselors are persons who are engaged in the sale of pre-need plans upon the authority of the pre-need company

  • No sales counselor shall be allowed to sell pre-need plans without being licensed by the Insurance Commission

  • An application for the issuance or renewal of a license to act as sales counselor may be denied

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