THE Securities and Exchange Commission (SEC) has released Memorandum Circular 8, Series of 2022 (MC 8), which pertains to the guidelines on the arbitration of intra-corporate disputes. This is pursuant to the regulatory powers of the SEC under Republic Act 11232, or the "Revised Corporation Code of the Philippines" (RCC) to formulate and enforce standards, guidelines, policies, rules and regulations to carry out provisions of the code.
MC 8 is premised on Section 181 of the RCC, which provides: "An arbitration agreement may be provided in the articles of incorporation or bylaws of a corporation. When such agreement is in place, disputes between the corporation, its stockholders or members, which arise from the implementation of the articles or incorporation or bylaws, or from intra-corporate relations, shall be referred to arbitration."
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