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8791)
State Policy
Banks (Definition)
Classifications of Banks
1. Universal banks - Universal banks are large commercial banks licensed
by the Bangko Sentral ng Pilipinas (BSP) to do both commercial and
investment banking.;
2. Commercial banks - A commercial bank shall have, in addition to the
general powers incident to corporations, all such powers as may be
necessary to carry on the business of commercial banking, such as
accepting drafts and issuing letters of credit; discounting and
negotiating promissory notes, drafts, bills of exchange, and other
evidences of debt; accepting or creating demand deposits; receiving
other types of deposits and deposit substitutes; buying and selling
foreign exchange and gold or silver bullion; acquiring marketable
bonds and other debt securities; and extending credit, subject to such
rules as the Monetary Board may promulgate. These rules may include
the determination of bonds and other debt securities eligible for
investment, the maturities and aggregate amount of such investment.;
3. Thrift banks, composed of:
a. Savings and mortgage banks,
b. Stock savings and loan associations, and
c. Private development banks, as defined in the Thrift Banks Act
(Republic Act No. 7906).
4. Rural banks, as defined in the Rural Banks Act (Republic Act No.
7353);
5. Cooperative banks, as defined in the Cooperative Code (Republic Act
No. 6938);
6. Islamic banks as defined in the Charter of Al Amanah Islamic
Investment Bank of the Philippines (Republic Act No. 6848); and
7. Other classifications of banks as determined by the Monetary Board of
the Bangko Sentral ng Pilipinas. (Section 3, GBL)
Restrictions on ownership
At least 25% of the toal authorized capital stock shall be subscribed by
the subscribers of the proposed bank, and at least 25% of such
subscription shall be paid up, provided that in no case shall the paid-up
capital be less than the minimum required capital stated above.
o A bank may be organized with not less than 5 nor more than 15
incorporators
o In excess of 15, to be listed among original subscribers in Articles
of incorporation
Receivership
Principles in Receivership
Functions of a Receiver
a. Immediately gather and take charge of all the assets and liabilities of
the institution, administer the same for the benefit of its creditors;
b. Exercise the general powers of a receiver;
c. Determine as soon as possible, but not late than 90 days from
takeover, whether the institution can be rehabilitated or otherwise
placed in such a condition so that it may be permitted to resume
business with safety to its depositors and creditors, and the general
public subject to the prior approval of the Monetary Board.
Prohibited Acts of the Board of Directors of banks during
receivership
a. Refusing to turn over the banks record and assets to the designated
receivers;
b. Tampering with bank records;
c. Appropriating for himself or another party, or destroying or causing
misappropriation and destruction of the banks assets;
d. Paying out or permitting or causing to be paid out any fund of said
bank; and
e. Transferring or permitting or causing to be transferred any securities or
property of said bank.
Loan Restrictions
1. Single Borrower Limit - The rules seek to protect a bank from
making excessive loans to a single borrower by prohibiting it from
lending beyond a specified ceiling. The current limit is 25% of the
net worth of the bank concerned. The ceiling is subject to possible
increase by an additional 10% provided the additional liabilities of
any borrower are adequately secured by trust receipts, shipping
documents, warehouse receipts or other similar documents
transferring or securing title covering readily marketable, non-
perishable goods which must be fully covered by insurance.
2. DOSRI Rule (Director, Officer, Stockholder and their Related Interest)
- No director or officer of any bank shall, directly or indirectly, for
himself or as the representative or agent of others, borrow from
such bank nor shall he become a guarantor, indorser or surety for
loans from such bank to others, or in any manner be an obligor or
incur any contractual liability to the bank except with the written
approval of the majority of all the directors of the bank, excluding
the director concerned: Provided, That such written approval shall
not be required for loans, other credit accommodations and
advances granted to officers under a fringe benefit plan approved
by the Bangko Sentral. 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.
a. Related Interest:
i. Spouse or relative within the first degree of
consanguinity or affinity, or relative by legal adoption, of
a director, officer or stockholder of the bank;
ii. Partnership of which a director, officer or stockholder or
his spouse or relative within the first degree of
consanguinity or affinity, or relative by legal adoption, is
a general partner;
iii. Co-owner with the director, officer, stockholder or his
spouse or relative within the first degree of
consanguinity or affinity, or relative by legal adoption, of
the property or interest or right mortgaged, pledged or
assigned to secure the loans or credit accommodations,
except when the mortgage, pledge or assignment
covers only said co-owners undivided interest;
iv. Corporation, association, or firm of which a director or
officer of such corporation, association or firm, except
(1) where the securities of such corporation, association
or firm are listed and traded in the big board or
commercial and industrial board of domestic stock
exchanges less than fifty percent (50%) of the voting
stock thereof is owned by any one person or by persons
related to each other within the third degree of
consanguinity or affinity; or (2) where the director,
officer or stockholder of the lending bank sits as a
representative of the bank in the board of directors of
such corporation: Provided, That the bank
representative shall not have any equity interest in the
borrower corporation except for the minimum shares
required by law, rules and regulations, or by the by-laws
of the corporation: Provided, further, That the borrowing
corporation under (1) or (2) is not among those
mentioned in Items (e) and (f) hereof;
v. Corporation, association or firm of which any or a group
of directors, officers, stockholders of the lending bank
and/or their spouses or relatives within the first degree
of consanguinity or affinity, or relative by legal adoption
hold/own more than twenty percent (20%) of the
subscribed capital of such corporation, or of the equity
of such association or firm;
vi. Corporation, association of firm wholly or majority-
owned or controlled by any related entity or a group of
related entities mentioned in Items (b), (d) and (e)
hereof.
Exceptions:
a) when the examination is made in the course of a special or general
examination of a bank and is specifically authorized by the Monetary
Board after being satisfied that there is reasonable ground to believe
that a bank fraud or serious irregularity has been or is being
committed and that it is necessary to look into the deposit to establish
such fraud or irregularity
b) when the examination is made by an independent auditor hired by the
bank to conduct its regular audit provided that the examination is for
audit purposes only and the results thereof shall be for the exclusive
use of the bank, or upon written permission of the depositor,
c) in cases of impeachment,
a. it is necessary that there be an order issued by the
impeachment court or by its authorized officer.
d) upon order of a competent court in cases of bribery or dereliction of
duty of public officials,
e) in cases where the money deposited or invested is the subject matter
of the litigation.
a. General requirements
i. there must be a court order;
ii. the order must be issued by a competent court specifically
directing the bank concerned to disclose the required
information; and
iii. the bank should check and satisfy itself that the deposits
or investment in government bonds being inquired into are
either the subject of a case of bribery or dereliction of duty
of public officials, or of a case where the deposit or
investment itself is the subject matter of the litigation. If
these requirements are not met, there would be basis for
the bank to request the court to excuse compliance with
the court order.
Accounts covered
a) All DEPOSITS of whatever nature in banks and banking institutions
b) Investments in bonds issued by the government of the Philippines and
its political subdivisions and instrumentalities
Can bank accounts be garnished? Yes, it was not the intention of the
legislature to place bank deposits beyond the reach of the execution to
satisfy a final judgment. Furthermore, there is no real inquiry in an order for
garnishment and if the existence of the deposit were disclosed, the
disclosure was purely incidental to the execution process. (China Bank v.
Ortega)
Are safety deposit boxes covered? No, a safety deposit box is a special
kind of deposit where the relationship between the bank and the depositor is
that of a bailment for hire, any stipulation exempting the depositary from any
liability arising from the loss of the thing deposited on account of fraud,
negligence or delay would be void for being contrary to law and public policy.
Foreign Currency Deposit Act (R.A. 6426) the All foreign currency
deposits, are as and considered of an absolutely confidential nature and,
except upon the written permission of the depositor, in no instance shall
foreign currency deposits be examined, inquired or looked into by any
person, government official, bureau or office whether judicial or
administrative or legislative, or any other entity whether public or private.
Foreign currency deposits shall be exempt from attachment, garnishment, or
any other order or process of any court, legislative body, government agency
or any administrative body whatsoever.
Exception:
Purposes
TILA with regard to banks, all banks and institutions performing banking and
quasi-banking functions are required to strictly adhere to the provisions of
the TILA and shall make true and effective cost of borrowing an integral part
of every loan contract.
1. Cash price;
2. Amounts credited as down payment and/or trade in;
3. Difference between the amounts in the first 2 items stated above;
4. Charges not incident to the extension of credit;
5. Total amount to be financed;
6. Finance charges; and
7. Percentage of finance charge to the amount financed.