Title
Creation of National Development Company Act
Law
Act No. 2849
Decision Date
Mar 8, 1919
The National Development Company (NDC) is established as a corporation with the purpose of promoting economic development in the Philippines through various commercial and industrial enterprises, with the government holding a majority stake in the company.

Corporate Powers and Objectives

  • Subject to the Corporation Law except where inconsistent with this Act.
  • General corporate powers plus additional powers for economic development.
  • Objectives include promoting efficient production, coordinating productive forces, securing stable markets for Philippine products.
  • Permitted to engage in commercial, industrial, and other enterprises necessary or contributory to economic development.
  • Authority to acquire, hold, mortgage, alienate personal and real property in the Philippines or elsewhere.
  • Power to issue bonds and other obligations for business purposes.
  • May mortgage or pledge stocks, bonds, or property to secure obligations.
  • Can enter into contracts of any kind.
  • Authorized to purchase, hold, alienate shares or securities of other corporations domestically or internationally, and to exercise ownership rights including voting.
  • Empowered to perform all acts authorized of partnerships or natural persons in connection with its objectives.

Capital Structure

  • Capital stock fixed at fifty million pesos.
  • Capital divided into 500,000 shares with a par value of one hundred pesos each.
  • No stock issuance below par value and only for cash.

Stock Subscription and Ownership

  • Government of the Philippine Islands subscribes at least 51% of capital stock.
  • Remainder offered to provincial/municipal governments or the public at no less than par value.
  • Maximum of 100 shares per private person, corporation, association, or partnership.
  • Ten percent payment required at subscription; balance payable per Board's schedule.
  • Government-owned shares' voting power vested in a committee of the Governor-General and presiding officers of both Legislative Houses.

Appropriations and Investment Limits

  • Appropriations from Insular Treasury funds not otherwise appropriated for payment of government subscription shares.
  • Funds not recorded until payment necessary.
  • Investment limit set at ten million pesos in 1919 and the same maximum for each subsequent year unless changed by Legislature.

Governance

  • Board of Directors to consist of no more than nine members.

Penalties for Violations

  • Fine up to five thousand pesos and/or imprisonment up to five years.
  • Applicable offenses include:
    • Making false statements to obtain funds or valuables.
    • Willful overvaluation of securities securing advances.
    • Forging, altering, or counterfeiting bonds, coupons, or papers of the NDC.
    • Embezzlement, misapplication of company funds, or fraudulent falsification in company records by connected persons.
    • Unauthorized disclosure of company or business secrets.

Legislative Control

  • Philippine Legislature retains full authority to alter, amend, repeal this Act or any part thereof.

Effectivity

  • The Act takes effect upon approval on March 10, 1919.

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