Saturday, March 8, 2014

RCBC Signatories Questions

ADDITION (03/24/14):  In the Special Meeting packet for the October 26, 2013 meeting which did not achieve quorum, there was no mention made that a Director had resigned on October 15, 2013.  That date also comes into play when looking at the various dates regarding this matter and the questions posed.  The Special Meeting was on October 26 with the Resolution and Secretary's Certificate dated August 8 for a Board meeting and August 16 for witnessing of signatures which were placed within the May 7, 2013 Minutes.  There were no Minutes for the August 8 meeting in the packet.  Are we to assume that a name is on file as being valid for signing when a resignation took place?

RCBC Signatories Questions

I was told about a curious question and answer that involved this matter since the bank was changed from Banco de Oro (BDO) to Rizal Commercial Banking Corporation (RCBC).  There was a question about a Resolution and a Secretary's Certificate concerning signatories for the account from the Soho Central Board of Directors.  After getting a clearer picture as to concerns voiced to me, I looked in the Annual and Special Meetings packets from 2013.  Yes, I did find the Secretary's Certificate and the Resolution but this only created more questions.

Click these to search and view the packets:

2013 Annual Meeting packet

2013 Special Meeting packet

In the packets are inserts for "Depository Banks."  Please note the change from the Annual Meeting packet handed out on August 30, 2013 and the Special Meeting packet given on October 26, 2013.  These dates will also add to a curious circumstance.  Those sheets are pasted below:

from Annual Meeting packet


from Special Meeting packet


While RCBC is mentioned in the Special Meeting packet no mention of RCBC is made in the Annual Meeting packet that I have discovered looking through two copies and comparing them.  Why?  Now recall the dates of the meetings.

Copies of Minutes are provided in both packets for Board of Directors' meetings Unit Owners are still not allowed to witness much less comment at as would be fair and appropriate given we are members of the Soho Central Condominium Corporation.  The Minutes provided are for the following dates:

08/16/12
10/18/12
01/23/13
04/04/13
05/07/13

There is a difference in Minutes for the date of 05/07/13 between the Annual and Special Meeting packets.  The Special Meeting packet unlike the Annual Meeting packet has a Secretary's Certificate and Resolution regarding the signatories for RCBC.  Why?  What is even more curious are the dates on these documents and why they are placed within the Minutes for May 7, 2013.  Below are the documents.

Now remember the dates above?  See the dates on the documents below with witness dates of August 16, 2013 and the date of a Board meeting that took place on August 8, 2013.  So why were these documents not in the Annual Meeting packet?

Where are the Minutes for this meeting held on August 8, 2013?  And again, why were these documents placed within the Minutes for the May 7, 2013 Board meeting as provided in the Special Meeting packet?






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