Mr. Rafael E. Seguis
SEC Opinion • Securities and Exchange Commission • Opinions • Feb 24, 1982
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February 24, 1982 Mr. Rafael E. Seguis Counselor Embassy of the Philippines Washington, D.C. 20036 United States of America Dear Mr. Seguis: This is to formally acknowledge receipt of your letter dated January 22, 1982 together with the enclosures, relative to the request of Atty. Michael B. Udell of Miami Beach, Florida, representing the Estate of the late Mr. Harvey Tweedy. prcd The records of the Tri Star East Co., Ltd. with the Securities and Exchange Commission of the Republic of the Philippines show that on July 19, 1979, Mr. Vicente A. Fabella and Mr. Howard Tweedy filed with the SEC the "Articles of Partnership of Tri Star East, Ltd." dated May 23, 1979 and acknowledged before Notary Public Manuel N. Millan; that they replaced the same with another "Articles of Partnership of Tri Star East Co., Ltd." dated September 15, 1979 also acknowledged before Atty. Millan; that the latter articles were endorsed by the SEC to the Board of Investments (BOI) on October 3, 1979 which issued the second endorsement dated November 7, 1979 requiring the partners to accomplish and file BOI Form No. 503; that unfortunately Mr. Tweedy died on October 14, 1979, which information was relayed to the SEC by Mr. Fabella in his letter of withdrawal of articles dated December 6, 1979; that the SEC, through Associate Commissioner Julio A. Sulit, Jr., considered the articles withdrawn in the letter of February 11, 1980 keeping however two (2) copies for reference as in this case (Annex "A"); that Mr. Fabella and Mr. Michael H. Connery also filed on May 19, 1980 their "Articles of Partnership of Tri-Star East Company, Ltd." dated April 26, 1980; that the SEC, through Com. Sulit, issued the certificate of said company on June 25, 1980; that on September 24, 1981, Atty. Udell wrote Com. Sulit to verify what the latter has stated in his letter to Atty. Millan and to request "a certified document that Tri-Star East Co. Ltd. never attained limited partnership status and the motion of Mr. Millan which withdrew the application "; that the letter-request was referred to the Corporate and Legal Department (CLD) of the SEC, which replied to the letter of Atty. Udell in the letter-reply of the CLD Director Corazon I. Morando dated February 2, 1982 and mailed on February 9, 1982 (Annex "B"); that in the interregnum, Atty. Udell also sent a letter-request for assistance to the Philippine Embassy dated January 18, 1982 and received on January 22, 1982; and that for this reason you referred said letter to the SEC in your letter-indorsement dated January 22, 1982 and received only on February 17, 1982. We hope that we have extended to you and Atty. Udell the necessary information requested in his letter-query relative to the Tri Star East Co., Ltd., and that we have disabused your minds that we have not replied to or entertained the said letter. Finally, for court purposes, we have instructed the Director of the Administrative and Finance Department (AFD) of this Commission to issue the necessary certification which Atty. Udell has requested. Please be advised accordingly. Very truly yours, (SGD.) MANUEL G. ABELLO Chairman
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