Analyzing the right to privacy of stockholders in the Philippine stock exchange
Date of Publication
4-2018
Document Type
Master's Thesis
Degree Name
Juris Doctor
Subject Categories
Privacy Law
College
College of Law
Thesis Adviser
Benito L. Teehankee
Samantha Poblacion
Defense Panel Chair
Maria Victoria P. Tibon
Defense Panel Member
Johana Sunga-Tagal
Pierre Martin Reyes
Abstract/Summary
The Philippine Stock Exchange plays a vital role in our economy,To faciliate the transactions in the stock market, the use of uncertificated shares has been allowed by the Securities Regulation Code. Shares are transacted under the name of PCD Nominee. Shareholdings are considered confidential.
The Bureau of Internal Revenue has required the disclosure of the stockholders who are the beneficial owners of the shares under the name of PCD. This study has determined that while the stockholders have the right to privacy, such right is not absolute. Nevertheless, the disclosure required under the law must still be made with the sufficient safeguards that will protect the shareholders from unnecessary exposures.
This study has concluded that the requirement of BIR to disclose the beneficial owners under PCD Nominee as payees of dividends is unconstitutional for being broad and violative of the right against unreasonable searches and seizure and right to due process. Consequently, BIR should revisit the said requirement and abide on its procedures for the issuance of subpoena.
Abstract Format
html
Language
English
Format
Electronic
Accession Number
CDTG007027
Shelf Location
Archives, The Learning Common's, 12F Henry Sy Sr. Hall
Physical Description
1 computer optical disc; 4 3/4 in.
Keywords
Stockholders--Philippines; Privacy, Right of--Philippines; Stock exchanges—Law and legislation--Philippines
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Recommended Citation
Recio, D. M. (2018). Analyzing the right to privacy of stockholders in the Philippine stock exchange. Retrieved from https://animorepository.dlsu.edu.ph/etd_masteral/7282
Embargo Period
10-29-2024
