In the Matter of C.P.E.F. Caring Foundation, Inc.
SEC CRMD (Order) • Securities and Exchange Commission Departments • Company Registration and Monitoring Department (CRMD) • Jul 11, 2014
Full text
July 11, 2014 SEC CRMD IN THE MATTER OF C.P.E.F. CARING FOUNDATION, INC. SEC Registration No. CN200501163 FOR : Revocation of Certificate of Incorporation for Violation of the CorporationCode ofthe Philippines and the SECRulesand Regulations on Reportorial Requirements ORDER WHEREAS, the records of this Commission show that C.P.E.F. CARING FOUNDATION, INC. ("subject corporation" for brevity) , registered on January 31, 2005 under SEC Registration No. CN200501163, failed to submit the following reports within the prescribed period as required by the Corporation Code of the Philippines and the rules and regulations on reportorial requirements of this Commission: Requirements Not Filed Filed Late General Information Sheet 2006, 2009, 2012- 2007-2008 2013 Financial Statements 2007, 2009-2013 2006, 2008 Sworn Statement of the President and Treasurer 2006-2007, 2009- 2008 on the itemized: (a) Sources and Amount of Funds; 2013 (b) Program/Activity planned, ongoing and accomplished with complete name, address and contact number of project officer-in-charge and the project office; and (c) Application of Funds. (Section 4 of SEC Memorandum Circular No. 8, Series of 2006) Certification/s from the Office of the Mayor or the 2006-2013 Office of the Barangay Captain or the Head of either the Department of Social Welfare and Development or Department of Health, on the existence of the subject Program/Activity in the locality on which it exercises jurisdiction or if from Head/Officers of private institution or actual beneficiaries/recipients of the program/ activity, the same should be notarized (Section 5 of SEC Memorandum Circular No. 8, Series of 2006) Statement of Willingness to be Audited / Location map of the exact principal office address / signed under oath by the President and the Corporate Secretary WHEREAS, Section 141 of the same Code requires corporations to submit their annual reports to the Commission, such as, General Information Sheet and the Financial Statements, thus: SEHTAC "Every corporation, domestic or foreign, lawfully doing business in the Philippines shall submit to the Securities and Exchange Commission an annual report of its operations, together with a financial statement of its assets and liabilities, certified by any independent certified public accountant in appropriate cases, covering the preceding fiscal year and such other requirements as the Securities and Exchange Commission may require. Such report shall be submitted within such period as may be prescribed by the Securities and Exchange Commission." WHEREAS, the Commission, through Corporate Governance and Finance Department (CGFD), sent two (2) conference letters to subject corporation through its principal office and residential addresses of its responsible officers, directing the same to show cause why it should not be penalized for non-compliance with reportorial requirements. Despite due notice, however, the corporation failed to comply with the directives; WHEREAS, Section 5 (m) of Republic Act No. 8799, also known as the Securities Regulation Code, and Section 6 (i) of Presidential Decree No. 902-A, as amended, vest the Commission with the authority to revoke, after proper notice and hearing, the certificate of registration of a corporation upon any of the grounds provided by law including the following: (6) Failure to file required reports in appropriate forms as determined by the Commission within the prescribed period. WHEREAS, considering the continuous failure of subject corporation to file the required reports within the prescribed period, the Commission is constrained to revoke its certificate of registration; WHEREFORE, the Certificate of Registration of C.P.E.F. CARING FOUNDATION, INC., issued on January 31, 2005, is hereby REVOKED for violation of Section 141 of the Corporation Code of the Philippines and rules and guidelines on reportorial requirements of this Commission. AHacIS Accordingly, let a copy of this Order be attached by the Corporate Filing and Records Division (CFRD) of this Department to the records of subject corporation. Further, the Information and Communications Technology Department (ICTD) of this Commission is likewise requested to enter the "revoked" status of subject corporation in the database. SO ORDERED. Mandaluyong City, Philippines. July 11, 2014. (SGD.) FERDINAND B. SALES Director Company Registration and Monitoring Department Securities and Exchange Commission
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