Ms. Ester Jane Almora
SEC Opinion • Securities and Exchange Commission • Opinions • Mar 26, 1991
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March 26, 1991 Ms. Ester Jane Almora Legal Division Department of Environment and Natural Resources Regional Office No. IX Lanang, Davao City Madam: This refers to your undated letter inquiring on the effects of Republic Act No. 6809 ( The Act Lowering the Age of Majority From Twenty-One to Eighteen Years Amending for the Purpose Executive Order Numbered Two Hundred Nine and For Other Purposes) on the By-Laws of a non-stock corporation which provides that only persons of "legal" age are qualified to be members thereof. As stated, at the time of approval of said By-Laws, the legal age was still twenty one years. Your query is whether or not with the advent of RA 6809 which lowers the age of majority from 21 to 18, the legal age as provided for in the aforementioned By-Laws would now be 18 without the necessity of amending said provision. Please be advised that the By-Laws of said corporation need not be amended as the term "legal age" shall be construed as that which is required under existing law. Accordingly, membership in the corporation may be open to 18 years and above. On the other hand, if the corporation opts to maintain the original age requirements of 21 years , it has to amend its By-Laws explicitly specifying therein such intended age qualification. Very truly yours, ARMANDO A. GONZALES Associate Commissioner
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