In the Matter of Petition for Voluntary Revocation: Aboitiz & Company, Inc.
SEC-CFD Order No. 106-12 • Securities and Exchange Commission Departments • Corporate Governance and Finance Department (CGFD) • May 11, 2012
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May 11, 2012 SEC-CFD ORDER NO. 106-12 IN THE MATTER OF PETITION FOR VOLUNTARY REVOCATION ABOITIZ & COMPANY, INC. ORDER OF REVOCATION Submitted for consideration of the Commission is the company's Petition for Voluntary Revocation of its: 1. Registration and Permit to Sell Preferred Shares issued on April 30, 1996; and 2. Registration and Permit to Sell Short Term Commercial Papers issued on August 20, 1996. Relative to its Petition, the company further requested that it be exempted from the requirement of filing periodic reports (Annual Report, Quarterly Report, Current Report, etc.) including the submission of the Manual on Corporate Governance. The company cited the following considerations as bases for its request: 1. As of January 28, 2004, there are no more outstanding preferred shares. Of the 1.5 Billion registered, 1 Billion has been redeemed and the remaining 5 Million preferred shares were reclassified into common stock as approved by the Commission on December 19, 2007; 2. All the Short Term Commercial Papers issued in 1996 have matured and redeemed a long time ago. As such, there is no more public interest involved; 3. The company has been filing SEC From 17-EX (Notification of Suspension of Duty to File Reports under Section 11 of the Revised Securities Act) since 2000; HScDIC 4. It had no outstanding securities registered pursuant to the SRC as disclosed in its Audited Financial Statements for 2008 to 2010; In support of the Petition, the company submitted the following: 1. Board Resolution approving the revocation, certified under oath by the Corporate Secretary and attested to by the President; 2. Consolidated list of Stockholders indicating their respective shareholdings as of March 30, 2012; 3. Proof of publication of the Notice of Filing of Petition for Voluntary Revocation in the Philippine Daily Inquirer in its April 5, 2011 issue; 4. Proof of payment of the Petition for Revocation with Official Receipt No. 0602247 dated August 1, 2011 in the amount of Five Thousand Fifty Pesos (Php5,050.00). Finding the instant Petition to have fully complied with S R C Rule 13, the Commission, in its meeting held on May 10, 2012, resolved to GRANT the company's request for voluntary revocation of its: 1. Registration and Permit to Sell Preferred Shares issued on April 30, 1996; and 2. Registration and Permit to Sell Short Term Commercial Papers issued on August 20, 1996. The company was further granted relief from submission of the Manual of Corporate Governance and other reportorial requirements under the SRC, unless it qualifies as a public company. However, the company shall henceforth comply with the reportorial requirements of the Commission under the Corporation Code. May 11, 2012, Mandaluyong City. Signed by representative JUSTINA F. CALLANGAN Director
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