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

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June 1, 2022

Legal Developments


WHAT ARE THE PRE-REQUISITES TO INCORPORATION OF PRE-NEED COMPANIES?


  • Except upon favorable recommendation of the Insurance Commission, the Securities and Exchange Commission (SEC) shall not accept or approve the articles of incorporation and bylaws of any pre-need company

  • A foreign corporation may be allowed to engage in a pre-need business in the Philippines

  • Existing pre-need companies shall comply with the minimum unimpaired paid-up capital

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WHAT IS REPUBLIC ACT NO. 9829 OR THE PRE-NEED CODE OF THE PHILIPPINES?


  • Pre-need plans are contracts for the benefit of the planholders

  • Planholder refers to any person who purchases pre-need plans from a pre-need company

  • Pre-need company refers to any corporation registered with the Insurance Commission and authorized or licensed to sell or offer to sell pre-need plans

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IS THE ISSUANCE OF PRE-APPROVED CREDIT CARDS ALLOWED?


  • Pre-approved credit cards refer to unsolicited credit cards issued by credit card issuers to consumers

  • The credit card provider must prove that its client read and consented to the terms and conditions governing the credit card’s use

  • Failure to prove consent means that the client cannot be bound by the terms and conditions of the credit card

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MAY CREDIT CARD ISSUERS ENGAGE THIRD PARTY SERVICE PROVIDERS FOR COLLECTION PURPOSES?


  • Banks may resort to legally permissible means to collect amounts due them under the credit card agreement

  • Banks may engage qualified third-party service providers or collection agents for the purpose of assisting in the administration of the credit card business

  • A bank or its service provider or collection agent may communicate with a credit cardholder in connection with the collection of any debt

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