Primary Objective (RA 11211) : Salient Amendments
Primary Objective (RA 11211) : Salient Amendments
RA 7653
As amended by RA 11211
March 1, 2019
Salient Amendments
The BSP now wields regulatory and examination
powers not only over quasi-banking operations
of non-bank financial institutions but also over
money service businesses, credit granting
businesses, and payment system operators.
Salient Amendments
BSP's capitalization was increased from 50
Billion to P200 Billion.
BSP is also exempt from taxes on income
derived from its governmental functions.
2. Conservatorship
3. Receivership and Closures
Sections 49
Section 49. Definition of Currency. The word
word
more than five (5) years old and coins which are
Conservatorship
Receivership
Closure
The BSP may help banks having liquidity
problems by:
a. Granting emergency loans in an amount
not exceeding 50% of its total loan deposits and
deposit substitutes;
b. Appointing a conservator;
C.
Appointing a receiver and order liquidation
of the bank.
Sec. 29. Appointment of Conservator
Whenever, on the basis of a report submitted by the
appropriate supervising or examining department, the
Monetary Board finds that a bank or a quasi-bank is in a (1)
state of continuing inability or (2) unwillingness to
maintain a condition of liquidity deemed adequate to
the
protect the interest of depositors and creditors,
Monetary Board may appoint a conservator with such powers
as the Monetary Board shall deem necessary
to take charge of
the assets, liabilities and the management thereof, reorganize
due to said
the management, collect all monies and debts
to restore its
institutions, and exercise all powers necessary
and be responsible to
viability. The conservator shall report to overrule or
the Monetary Board and shall have the power
board of
revoke the actions of the previous management and
directors of the bank or quasi-bank.
Who is a Conservator?
A conservator is
A person appointed by the Monetary Board to
take charge of the management of the bank or
quasi-bank and to exercise all other powers as
Board in
may be authorized by the Monetary
order to bring the bank or quasi-bank into
viable condition.
He must be competent and knowledgeable in
bank operations and management (NCBA
Sec.29)
What are the powers of Conservator?
The conservator may exercise the following
powers and functions:
1 To take charge of the assets, liabilities and
the management of the bank
2. To reorganize the management of the bank
3. To collect all monies and debts due to the
bank
4 To exercise all powers necessary to restobre
the viability of the bank
Sec. 29. Appointment of Conservator, confd.
Conservatorship of banks is an attempt to save
the bank from bankruptcy and ultimate
liquidation. It is a step short of liquidation.
Bank Holiday
Bank Holiday is a
situation where a bank
or quasi-bank suspends
the payment of its
deposit liabilities
continuously for more
than thirty (30) days.
Liquidation
Liquidation is the is
proceeding that is
instituted by the Monetary Board upon
notice in writing to the board of directors
finding that the institutioon cannot be
rehabilitated and permitted to resume
business. (NCBA, Sec.30)
Sec. 30. Proceedings in Receivership and Liquidation
Rehabilitation
Liquidation
Liquidation connotes Rehabilitation contemplates
winding up and distribution continuance of corporate life
of assets to creditors. It is and activities in an effort to
the process of reducing the restore and reinstate the
assets to cash, discharging corporation to its former
dividing position of successful
liabilities and
surplus or loss. operation and solvency.
R.A. 8791
An Act Providing For The Regulation Of The Organization
And Operations Of Banks, Quasi-banks, Trust Entities
And For Other Purposes
Short Title: General Banking Law of 2000
TO OPERATE:
Certificate of Authority from the BSP
Organization of Banks
Banks maybe organized
subject to the following
conditions:
Purpose
To maintain the qualify of bank
management and afford better
protection to depositors and the
public in general.
Classifications of Banks*
1. Universal banks
2. Commercial banks
3. Thrift banks
i. Savings and mortgage banks
ii. Stocks savings and loan
associations
ii. Private development bank
4. Rural banks
5. Cooperative banks
6. Islamic banks
7. Other classifications of banks as
determined by the Monetary Board
of the Bangko Sentral ng Pilipinas.
(GBL Sec 3.2)
Universal Bank
Universal bank is a bank that have the
authority to exercise, in addition to the
powers authorized for a commercial bank,
(1) the powers of an investment house and
invest in non-allied
(2) the power to
enterprises. (Sec. 23)
BDO Unibank, Inc., BPI, RCBC, SBC, Union
E.g.
Bank, UCPB, Al-Amanah, DBP, LBP, ANZ Banking,
HSBC
Commercial Bank
A
A Commercial bank is a bank that has, in
addition to the general powers incident to
corporations, all such powers as may be
necessary to carry on the business of commercial
banking. (Sec. 29, GBL)
Rural Bank
Rural bank is a bank created to make needed
credit available and readily accessible in the
rural areas for the purpose of promoting
comprehensive rural development. (RA 7353,
Secs.2 and 3)
Eg. -
Providence Rural Bank, Rural Bank of Gattaran, Claveria Rural
Golden Rural
Bank, Rural Bank of Sanchez Mira, Rural Bank of Cauayan,
Bank of the Philippines, Banco Agricula
Rural Bank
Public officers can be directors of Rural banks.
While such officers are prohibited from being
directors or officers of other types of banks.
It can be organized or established by
cooperatives and corporations primarily
organized to hold equities in rural banks.
A Rural bank must be wholly owned by
by
Filipinos.
Thrift Bank
Cooperative Bank*
A cooperative bank is one organized by the
majority shares _of which is owned and controlled
coperatives_primarily to providee financial,
by
banking, and credit services to cooperatives
orgnizations and their members
The term "cooperative bank" shall include
cooperative rural bankS. {RA 6938, Sec. 100, as amended
by RA 9520)
E.g. Cooperative Bank of Cagayan, Coop of Bulacan, Coop
of La Union, Coop of Bohol
Islamic Bank
Al-Amanah Islamic Investment Bank of the
Philippines or Islamic Bank is created by RA
6848.
The Islamic Bank has its principal domicile and
place of business in Zamboanga City. (RA 6848.
Sec.2)
Islamic Bank
The primary purposes of the Islamic Bank:
1. To promote and accelerate the socio-economic
development of the Autonomous Region by by
performing
i. Banking
i. Financing and
ii. Investment operations
commercial
2. To establish and participate in agricultural,
and industrial ventures based on the Islamic conceptof
banking. (RA 6848, Sec.3)
banks
investment house.
Generally, universal
only banks and
commercial banks may be involved in quasi-
banking functions.
Powers of Commercial Bank
1. Accepting drafts and issuing letters of credit
2. Discounting and negotiating promissory notes, drafts, bills of
exchange, and other evidences of debt
3. Accepting or creating demand deposits
4. Receiving other types of deposits and deposit substitutes
silver bullion
5. Buying and selling foreign exchange and gold or
.Capital Adequacy
BSP Lender of last resort
Functions of Banks
Basic Functions
1. Deposit function
2. Loan function
3. Other functions
Trust receipts
Shipping documents
Warehouse receipts
Other similar documents transferring or securing title
which
cOvering readily marketable, non-perishable goods
must be fully covered by insurance (GBL, Sec. 35.2)
Procedural Requirement
Arms Length Rule
Reportorial Requirement
Aggregate Ceilings
Individual Ceilings
.Waiver of the Secrecy of his deposits
PROCEDURAL REQUIREMENT
Written approval of the majority of all
directors of the bank, excluding the director
concerned: Provided, that such written
REPORTORIAL REQUIREMENT
The required approval shall be entered upon
the records of the bank and a copy of such
entry shall be transmitted forthwith to the
appropriate Supervising and Examining
Department of the Bangko Sentral.
Philippines.
Collaterals
Foreclosure of Mortgage