MORB 2010 Vol. 2

FOREWORD
The 2011 Manual of Regulations for Banks (MORB) is an updated compilation of banking regulations and policy issuances of the Bangko Sentral ng Pilipinas (BSP). Available in hard and soft copies, it is a convenient reference and guide for banks in the conduct of their operations. The updated MORB incorporates regulatory policies issued to align banking practices on risk management, good corporate governance, capital adequacy, accounting and reporting with international standards. It also includes rules implementing legislative reform measures, the more significant of which are the General Banking Law of 2000 , the Anti-Money Laundering Act of 2001, the Special Purpose Vehicle Act of 2002 and the Cooperative Code of the Philippines. In providing banks and the banking public easy access to this information, the updated MORB seeks to facilitate compliance with the BSPs supervisory and regulatory requirements that will contribute to the enhancement of the partnership between BSP and the banking sector, and ultimately to the strengthening of the Philippine Banking System and the economy.
AMANDO M. TETANGCO, JR. Governor
PREFACE
(2011 Edition)
The 2011 Manual of Regulations for Banks (MORB) is the latest updated edition from the initial issuance in 1996 . The updates consist of the significant policy developments and changes in statutory laws. It shall serve as the principal source of banking regulations issued by the Monetary Board and the Governor of the BSP and shall be cited as the authority for enjoining compliance with the rules and regulations embodied therein. To accomplish the work of proposing revision to the Old Manual, the Monetary Board of the BSP, in its Resolution No. 1203 dated December 7, 1994, directed the creation of a multi-departmental Ad Hoc Review Committee. The Committee was officially constituted under Office Order No. 2 Series of 1995 and was reconstituted several times thereafter. Under the aforesaid office order, the Committee is tasked to update the Manuals on a continuing basis (i) to incorporate relevant issuances (ii) propose revision/deletion of provisions which have become obsolete, redundant, irrelevant or inconsistent with laws/regulations (iii) reformulate provisions as the need arises and (iv) oversee printing of the Manuals/ Updates in coordination with the Corporate Affairs Office. The present Committee, as reconstituted under Office Order No. 0152, Series of 2011 dated 01 February 2011, is composed of: Mr. Alberto A. Reyes, Director, Examination Department II (ED) II, Chairman; Atty. Magdalena D. Imperio, Deputy Director, Office of the General Counsel and Legal Services (OGCLS), Vice Chairman; Ms. Ma. Belinda G. Caraan, Deputy Director/Head, Financial Consumer Affairs Group (FCAG); Ms. Ma. Corazon T. Alva, Acting Deputy Director, Examination Department (ED) I; Atty. Lord Eileen S. Tagle, Legal Officer III, OGCLS; Atty. Florabelle S. Madrid, Manager, CPCD I; Ms. Celedina P. Garbosa, Acting Manager, CPCD II; Atty. Asma A. Panda, Legal Officer IV, OGCLS; Ms. Concepcion A. Garcia, Bank Officer IV, ED III; Ms. Ma. Corazon B. Bilgera, Bank Officer II, Anti-Money Laundering Specialists Group (AMLSG), members; and Mr. Nestor A. Espenilla, Jr., Deputy Governor, Supervision and Examination Sector, Adviser. The Committee Secretariat is headed by Ms. Ma. Cecilia U. Contreras, Supervision and Examination Specialist I, ED II.
The Bangko Sentral ng Pilipinas
INSTRUCTIONS TO USERS
(2011 Edition)
The Manual of Regulations for Banks (the Manual) is divided into nine (9) Parts. For provisions common to all types of banks, the sections and subsections of each part is prefixed by the letter X. Special provisions do not contain the prefix X but instead, the section/subsection applicable only to universal/commercial banks (UBs/KBs), thrift banks (TBs) and rural banks (RBs) and cooperative banks (Coop Banks) are indicated by the first digit showing the numbers 1, 2, and 3 applicable to said banks, respectively. The second digit refers to the Part of the Manual. The third and fourth digits refer to the section number of the Part while the number/s after the decimal point, if any, refer to the subsection. Thus, to illustrate, Subsection X143.1 and Section 1381 would indicate Main Section - Disqualification of Directors/Trustees and Officers Subsection - Persons disqualified to become officers X 1 4 3 . 1
Part One on Organization, Management and Administration Manual of Regulations for Banks (Common provision) Main Section - Investment in Non-Allied Undertakings
Part Three - Loans, Investments and Special Credits Manual of Regulations for Banks (special provision for UBs/KBs) The runners in the upper-right or left hand corners of each page show the sections/ subsections and the cut-off date of the regulatory issuances included in the page of the Manual where the runner is shown.
List of Appendices 11.12.31
LIST OF APPENDICES
No. 1 2 3 4 5 5a 5b
SUBJECT MATTER Guidelines for the Issuance of a Universal Banking Authority Prescribed Application Forms for the Entry of Foreign Banks Guidelines for the Issuance of a Universal Banking Authority for Branches of Foreign Banks Format of Affidavit on Transfer of Stocks Standard Pre-Qualification Requirements for the Grant of Banking Authorities Prerequisites for the Grant of Authority to Operate Foreign Currency Deposit Unit Qualification Requirements for a Bank/Non-Bank Financial Institution Applying for Accreditation to Act as Trustee on any Mortgage or Bond Issued by any Municipality, Government-Owned or Controlled Corporation, or any Body Politic Reports Required of Banks Certain Information Required from Banks Documents/Information on Organizational Structure and Operational Policies (Reserved) Format of Self Assessment and Certification on Compliance with Rules and Regulations on Bank Protection Pro-Forma Order of Withdrawal for NOW Accounts Samples of Standardized Instruments Evidencing Deposit Substitute Liabilities New Rules on the Registration of Long-Term Commercial Papers
6 7 8 9 10 11 12 13
ix
No. 14 15 16 17 18 19 20 21 21a 21b 22 23 24 25 26 26a 27 28 28a
SUBJECT MATTER New Rules on Registration of Short-Term Commercial Papers List of Reserve - Eligible and Non-Eligible Securities Implementing Guidelines of the Countryside Financial Institutions Enhancement Program Rules Governing Issuance of Mortgage/Chattel Mortgage Certificate by Thrift Banks Guidelines in Identifying and Monitoring Problem Loans and Other Risk Assets and Setting Up of Allowance for Probable Losses Format of Disclosure Statement on Loan/Credit Transaction Abstract of Truth in Lending Act (Republic Act No. 3765) (RESERVED) (RESERVED) Enhanced Intraday Liquidity Facility List of Non-Allied Undertaking where Universal Banks may Invest in Equities Credit Priority Classification Sample Investment Management Agreement Risk Management Guidelines for Derivatives Sales and Marketing Guidelines for Derivatives Sample Risk Disclosure Statement for Derivatives Activities (Reserved) Clearing Procedures (Deleted by Circular No. 681 dated 08 February 2010) Clearing Operations Between Regional Clearing Center and the Manila Clearing Center (Tarlac, Tarlac Used As Sample)(Deleted by Circular No. 681 dated 08 February 2010)
No. 29 30 31
SUBJECT MATTER Procedures on Collection of Fines/Penalties from Banks and/or Directors/ Officers of Banks Prescribed Format Memorandum of Understanding Implementing Guidelines for Thrift Banks Authorized to Accept Demand Deposits and Rural Banks who are Members of the Philippine Clearing House Corporation Illustrations when a Director, Officer and Stockholder shall Waive the Secrecy of Deposits Classification, Accounting Procedures, Valuation and Sales and Transfers of Investments in All Debt Securities and Marketable Equity Securities Annex A - Reclassification of Financial Assets between Categories Establishing the Market Benchmarks/Reference Prices and Computation Method Used to Mark-to-Market Debt and Marketable Equity Securities Guidelines on the Use of Scripless (Ross) Securities as Security Deposit for the Faithful Performance of Trust Duties Pro-forma Payment Form Suggested Gestation/Grace Periods for Agriculture and Fisheries Projects Basic Guidelines in Establishing Banks Rules and Regulations for Cooperative Banks Annex A - Instructions for Directors and Officers of Proposed Cooperative Banks Settlement of Interbank Transactions vis-a-vis Covering Reserve Requirement/ Deficiency of Banks Demand Deposit Account with Bangko Sentral Guidelines Governing the Rediscounting of Housing Loan Papers of Qualified Banks Under HUDCC Program Minimum Criteria for Accreditation of Participating Financial Institutions in Government Banks Wholesale Lending Program Deed of Undertaking for the Issuance of Redeemable Preferred Shares
32 33
33a 34 35 36 37 38
39 40 41 42
xi
No. 43
SUBJECT MATTER Guidelines to Govern the Selection, Appointment, Reporting Requirements and Delisting of External Auditors and/or Auditing Firm of Covered Entities Implementing Rules and Regulations of Republic Act No. 6848 (The Islamic Bank Charter) Notes on Microfinance Guidelines to Incorporate Market Risk in the Risk-Based Capital Adequacy Framework Annex A - Requirements for the Use of Internal Models to Measure Market Risk Market Risk Capital Treatment for Dollar-Linked Peso Notes Instructions for Accomplishing the Report on Computation of the Adjusted Risk-Based Capital Adequacy Ratio Covering Combined Credit Risk and Market Risk (For Universal Banks and Commercial Banks With Expanded Derivatives Authority) Instructions for Accomplishing the Report on Computation of the Adjusted Risk-Based Capital Adequacy Ratio Covering Combined Credit Risk and Market Risk (For Universal Banks and Commercial Banks with Expanded Derivatives Authority but Without Options Transactions) Instructions for Accomplishing the Report on Computation of the Adjusted Risk-Based Capital Adequacy Ratio Covering Combined Credit Risk and Market Risk (For Universal Banks and Commercial Banks Without Expanded Derivatives Authority) Procedures to be Observed by Universal and Commercial Banks Applying for Bangko Sentral Recognition of their Own Internal Models for Calculating Market Risk Capital Guidelines for the Establishment and Administration/Management of Sinking Fund for the Redemption of Redeemable Private Preferred Shares Annex A - Summary of Pro-forma Journal Entries to Record Sinking Fund Transactions Activities which may be Considered Unsafe and Unsound Banking Practices
44 45 46
46a 46b
46c
46d
46e
47
48
xii
No. 49 50
SUBJECT MATTER Certification of Compliance with Section 55.4 of Republic Act No. 8791 Guidelines on Retention and Disposal of Records of Rural and Cooperative Banks Annex A - Notice of Disposal of Records/Documents Annex B - Joint Affidavit Sworn Certification of Foreign Currency Deposit Unit/Expanded Foreign Currency Deposit Unit Lending to Regular Banking Unit Sample Computation on Foreign Currency Deposit Unit Lending to Regular Banking Unit Revised Implementing Rules and Regulations R.A. No. 9160, as amended by R.A. No. 9194 (Deleted by Circular No. 706 dated 05 January 2011) Anti-Money Laundering Council Resolution No. 292 (Deleted by Circular No. 706 dated 05 January 2011) Anti-Money Laundering Council Resolution No. 10 (Deleted by Circular No. 706 dated 05 January 2011) Customer Due Diligence for Banks and Non-Bank Financial Intermediaries Performing Quasi-Banking Functions (Deleted by Circular No. 706 dated 05 January 2011) General Identification Requirements (Deleted by Circular No. 706 dated 05 January 2011) General Guide to account Opening and Customer Identification (Deleted by Circular No. 706 dated 05 January 2011) Anti-Money Laundering Council Resolution No. 02 (Deleted by Circular No. 706 dated 05 January 2011) Certification of Compliance with Anti-Money Laundering Regulations Details on the Computation of Quarterly Interest Payments Credited to the Demand Deposit Accounts of Banks Legal Reserve Deposits with BSP Small and Medium Enterprise Unified Lending Opportunities for National Growth Bank Accreditation Application for Rural and Thrift Banks Eligibility and Documentary Requirements
xiii
51 51a 52 52a 52b 52c
52d 52e 52f 53 54 55
No. 56 56a
SUBJECT MATTER Transfer/Sale of Non-Performing Assets to a Special Purpose Vehicle or to an Individual Accounting Guidelines on the Sale of Non-Performing Assets to Special Purpose Vehicles and to Qualified Individuals for Housing Under The Special Purpose Vehicle Act of 2002 Annex A - Illustrative Accounting Entries to Record Sale of NPAs to SPV under the SPV Law of 2002 under Deferred Recognition of Loss/Impairment of Financial Instruments Annex B - Pro-forma Disclosure Requirement Significant Timelines Relative to the Implementation of R.A. No. 9182, also known as "Special Purpose Vehicle Act", as amended by R.A. No. 9343 Revised Guidelines on the Flotation of Bonds by Local Government Units [Without National Government Guarantee] Guidelines and Minimum Documentary Requirements for Foreign Exchange Forward and Swap Transactions Conversion/Transfer of Foreign Currency Deposit Unit Loans to Regular Banking Unit Rules and Regulations on Common Trust Funds Checklist of Bangko Sentral Requirements in the Submission of Financial Audit Report, Annual Audit Report and Reports Required under Appendix 43 Annex A - Pro-Forma Comparative Analysis Quarterly Investment Disclosure Statement Risk Disclosure Statement Implementation Plans Under the New International Capital Standards as Contained in the Basel Committee on Banking Supervision Document International Convergence of Capital Measurement and Capital Standards Qualifying Capital Under the Risk Based Capital Adequacy Framework Annex A - Step-up Calculation Risk-Based Capital Adequacy Framework for the Philippine Banking System
56b 57 58 59 60 61
62 62a 63
63a 63b
xiv
No. 63b-1 63b-2 63c 63d 64 65 66
SUBJECT MATTER Guidelines on the Capital Treatment of Banks' Holdings of Republic of the Philippines Global Bonds Paired with Warrants Guidelines on the Use of the Standardized Approach in Computing the Capital Charge for Operational Risks Risk Based Capital Adequacy Framework for Stand-Alone Thrift Banks, Rural Banks and Cooperative Banks Risk-Based Capital Adequacy Framework for the Banks on the Definition of Qualifying Capital Instruments Bangko Sentral Rules of Procedure on Administrative Cases Involving Directors and Officers of Banks Format Certification Regulatory Requirements in Investing in Credit-Linked Notes, Structured Products and Securities Overlying Securitization Structures by Universal Banks and Commercial Banks Guidelines on the Accounting Treatment for Investments in Credit-Linked Notes and Other Structured Products The Guidelines for the Imposition of Monetary Penalty for Violations/ Offenses with Sanctions Falling Under Section 37 of R.A. No. 7653 on Banks, Directors and/or Officers Annex A - Aggravating and Mitigating Factors to be Considered in the Imposition of Penalty Implementation of the Delivery by the Seller of Securities to the Buyer or to his Designated Third Party Custodian Annex A - Template of Letter to Investor Disposition of Compliance Issues on Appendix 68 Delivery of Government Securities to the Investor's Principal Securities Account with the Registry of Scripless Securities Annex A - Memorandum of Agreement between Bureau of the Treasury and Government Securities and Eligible Dealers Annex B - Revised Investor's Undertaking
66a 67
68
68a 68b
xv
No. 69 70 70a 70b 70c 70d 71
SUBJECT MATTER Prompt Corrective Action Framework (Reserved) Automated Teller Machine Safety Measures Internet and Wireless Banking Security Measures Electronic Banking Consumer Awareness Program Disclosure Requirements Guidelines for the Change in the Mode of Compliance with the Liquidity Reserve Requirement Annex A - Debit/Credit Authority Format Guidelines on Supervision by Risk Guidelines on Market Risk Management Guidelines on Liquidity Risk Management Guidelines on the Technology Risk Management Authorization Form for Querying the Bangko Sentral Watchlist Files for Screening Applicants and Confirming Appointments of Directors and Officials Financial Reporting Package Guidelines for Trust Departments' Placements in the Special Deposit Account Facility of the Bangko Sentral Annex 1 - Notice of Placement of funds in Bangko Sentral's Special Deposit Account facility Annex 2 - Confirmation from the Treasury Services Groups Special Deposit Account Placements of Trust Departments/Entities as Agent for Tax-Exempt Institutions and Accounts Annex 1 - Certification from the Trust Department Guidelines in Determining Compliance with Ceilings on Equity Investments
72 73 74 75 76
77 78
78a
79
xvi
No. 80
SUBJECT MATTER Guidelines and Procedures Governing Currency Deposits and Withdrawal of Banks for Credit to and Debit from their Demand Deposit Accounts with the Bangko Sentral Appraisal and Loan Valuation Framework for Rights-Based Secure Tenure Arrangements as Collateral Substitutes Format Certification on Deposit/Cash Delivery Services Basic Standards in the Administration of Trust, Other Fiduciary and Investment Management Accounts Guidelines for Days Declared as Public Sector Holidays Illustrative Accounting Entries (Supereded by Circular No. 691 dated June 2010) Guidelines on the Availment of US Dollar Denominated Repurchase Agreement Facility with the Bangko Sentral Guidelines on the Submission of Application for Merger and Consolidation Guidelines on the Collection of the Annual Supervisory Fees for the Year 2010 Regulatory Relief for Banks Affected by Tropical Storms Annex A - Implementing Guidelines on the Restructuring Scheme Covering the Rediscounting Obligations with the Bangko Sentral of Rediscounting Banks in the Areas Affected by Typhoon Ondoy Annex B - Implementing Guidelines on the Restructuring Scheme Covering the Rediscounting Obligations with the Bangko Sentral of Rediscounting Banks in the Areas Affected by Typhoon Pepeng Annex C -Implementing Guidelines on the Restructuring Scheme Covering the Rediscounting Obligations with the Bangko Sentral of Rediscounting Banks in the Areas Affected by Typhoon El Nino Annex D -Implementing Guidelines on the Restructuring Scheme Covering the Rediscounting Obligations with the Bangko Sentral of Rediscounting Banks in the Areas Affected by Typhoon Juan
81 82 83 84 85 86 87 88 89
xvii
No.
SUBJECT MATTER Annex E - Implementing Guidelines on the Restructuring Scheme Covering the Rediscounting Obligations with the Bangko Sentral of Rediscounting Banks in the Areas Affected by Landslides and Flooding Annex F -Implementing Guidelines on the Restructuring Scheme Covering the Rediscounting Obligations with the Bangko Sentral of Rediscounting Banks in the Areas Affected by Typhoon Juaning Annex G - Implementing Guidelines on the Restructuring Scheme Covering the Rediscounting Obligations with the Bangko Sentral of Rediscounting Banks in the Areas Affected by Typhoon Mina Annex H - Implementing Guidelines on the Restructuring Scheme Covering the Rediscounting Obligations with the Bangko Sentral of Rediscounting Banks in the Areas Affected by Typhoon Pedring
90
Guidelines on Banks' Internal Capital Adequacy Assessment Process Annex A - Internal Capital Adequacy Assessment Process (Suggested Format) Annex B - Alternative Internal Capital Adequacy Assessment Process Methodologies Guidelines on the Bangko Sentral's Supervisory Review Process Supplemental Guidelines on the Internal Capital Adequacy Assessment Process (ICAAP) and Supervisory Review Process (SRP) for Foreign Bank Branches App. 1 - Minimum Documentary Requirements for the Sale of Foreign Exchange (FX) for Non-Trade Purposes by Authorized Agents Banks (AABs)/AAB-Forex Corps App. 2 - List of Regulated Import Commodities and Administering Agencies/Bureaus App. 3 - Prohibited Commodities App. 4 - Guidelines Covering the Sale of Foreign Exchange by Authorized Agent Bank and Authorized Agent Bank-Forex Corps for Trade Transactions App. 5 - Documentary Requirements For Opening an L/C App. 6 - Guideliness for Reporting, Payments and Extensions of Importations Under D/A or O/A Arrangements
90a 90b
92
xviii
No.
SUBJECT MATTER App. 7 - Guidelines for the Sale of Foreign Exchange (FX) to Importers by AABs and AAB-Forex Corps Up to USD1 Million or its Equivalent in Other Foreign Currency For Advance Payment of Imports App. 8 - Regulated Products Needing Export Clearances App. 9 - List Prohibited Products for Export App. 10 - Procedures and Documentation Requirements for the Registration of Inward Foreign Investments App. 11 - Inward Foreign Investments App. 12 - Checklist of Required Documents in Lieu of Stock Transfer Agent's Certification, for Registration of Inward Foreign Investments Prior to 15 March 1973 App. 13 - Guidelines on the Availment of US Dollar-Denominated Repurchase Agreement Facility with the BSP App. 14 - Sworn Certification of FCDU/EFCDU Lending to RBU App. 15 - Report on Compliance with E/FCDU Cover Requirement App. 16 - Guidelines on the Transfer of Net Realized/Unrealized Losses Recognized in Profit or Loss and in Equity and Undivided Profits (Losses) from FCDU/EFCDU Books to the RBU Books App. 17 - Guidelines on the Conversation to Peso Loans/ROPA and Transfer to RBU of FCDU/EFCDU Loans/ROPA App. 18 - Guidelines and Minimum Documentary Requirements for Foreign Exchange Forward and Swap Transactions App. 19 - Implementing Guidelines of the Computation of Open Foreign Exchange (FX) Position of AABs and Reporting Requirements Under FX Form 1
93
Processing Guidelines for Microfinance Other Banking Offices or Microbanking Offices Guidelines on the Grant of Regulatory Relief Under the Strengthening Program for Rural Banks Annex A - Strengthening Program for Rural Banks
94
xix
No. 95
SUBJECT MATTER Guidelines on Outsourcing of Services by Electronic Money Network Service Providers (EMNSP) Certification on Compliance with Rules and Regulations on the Reclassification of Real and Other Properties Acquired (ROPA) to Bank Premises, Furniture, Fixture and Equipment Guidelines Governing the Implementation/Early Adoption of Philippine Financial Reporting Standards (PFRS 9) Financial Instrument List of Documentary Requirements Confirmation of the Election/ Appointment of the Members of the Board of Directors/Senior Vice Presidents (SVP) and Above or Equivalent Ranks of Banks
96
97 98
xx
APP. 1 08.12.31
GUIDELINES FOR THE ISSUANCE OF A UNIVERSAL BANKING AUTHORITY

[Appendix to Subsec. X102.1 (2008 - X101.2)] I. QUALIFICATION REQUIREMENTS A. Minimum Capital Required. A KB applying for a universal banking (UB) authority shall have capital equivalent to at least the amount prescribed by the Monetary Board for UBs. The term capital shall have the same meaning as defined in Sec. X111 prescribing the required minimum capitalization for each bank category. The merger or consolidation of banks, or that of a bank and an investment house as a means of meeting the minimum capitalization requirement for a UB is encouraged. The revaluation of the premises, improvements and equipment of the institutions involved in a merger or consolidation may be allowed under Sec. X108.3. B. Financial Resources, Past Performance and General Compliance with Banking Laws and Regulations 1. Applicant bank shall not have incurred any deficiency in the minimum capital to risk assets ratio prescribed by the Monetary Board pursuant to Section 34 of R.A. No. 8791 for the year preceding the filing of application. It shall have sufficient valuation reserves to cover estimated losses. 2. Applicant bank shall not have incurred net deficiencies in its reserves against deposit and deposit substitute liabilities for the three (3)-month period immediately preceding the filing of application. In addition, applicant banks liquidity ratios such as primary reserves to deposit liabilities and primary and secondary reserves to deposit and demand liabilities shall at least be equal to the averages of the UB sector as of the end of the quarter immediately preceding the date of application. 3. Applicant bank shall show profitable operations for the past calendar year immediately preceding the filing of application. Its ratio of net earnings to average capital accounts should indicate satisfactory returns on stockholders investments. 4. Applicant bank has substantially complied with banking laws or orders, instructions, or regulations issued by the Monetary Board or orders, instructions, or rulings by the Governor. Major/important exceptions and findings by BSP examiners have been corrected or satisfactorily explained. C. Banking Facilities, Managerial Capability, Competence, Experience and Integrity of Directors, Principal Officers and Key Personnel 1. The applicant bank shall manifest adequate banking facilities and managerial capability in commercial banking operations as shown by, among other things, its branch network, subsidiaries and allied undertakings, FCDU/EFCDU and foreign trade transactions, participation in syndicated lending, trust services, etc. 2. The applicant bank shall indicate in the application those officers and key personnel having the appropriate training and/or experience in investment banking and related functions are available/ obtainable by the bank. The application shall be supported by the updated bio-data of the banks directors and principal officers, including the officers and key personnel who will handle the investment banking and related functions.
Manual of Regulations for Banks
Appendix 1 - Page 1
APP. 1 08.12.31
II.
FEASIBILITY STUDY
The applicant bank shall submit a feasibility study, which shall include, in addition to the usual content of such study, the following information: A. Capitalization and Ownership 1. A schedule showing the computation of the applicant banks capital accounts taking into consideration capital as defined under Sec. X111 and, if applicable, the merger or consolidation scheme to meet the capitalization requirement as allowed under Sec. X108 and Subsec. X108.3. 2. A list of direct and indirect loans to DOSRI which are unsecured, indicating the original amount, date granted, outstanding balance and classification (i.e., whether current or past due) of each DOSRI loan. 3. A summary of holdings of stockholders classified as to citizenship and family/business group indicating the number of shares subscribed in the applicant bank and the corresponding percentage of each shareholding to total shareholdings. 4. A list of individual stockholders grouped according to family/business group, indicating the TIN, citizenship, type of shares held (whether voting or non-voting, common or preferred), number of shares subscribed and percentage of holdings to total of each shareholder. 5. A list of individual stockholders in the applicant bank with equity investment in other financial institutions, indicating the type and number of shares held in the other institution and the corresponding percentage of holdings to total of each shareholder. B. Organization and Management 1. The names of the members of the board of directors and principal officers of the applicant bank. 2. The proposed organization chart of the department within the applicant bank
that will be responsible for the investment banking functions, indicating the designation of officers and other key positions and the names of persons proposed for appointment to those positions. C. Financial Capability and Previous Years Operation. A brief discussion of the applicant banks general financial condition, operating performance, solvency and liquidity position, supported by appropriate financial ratios as seen from the latest condensed balance sheet and income statement. The discussion shall include major banking activities, exposure concentrations (in terms of top borrowers and major industries), equity and credit exposures in subsidiaries and affiliates, and other significant information. D. Corporate Strategy 1. The statement of corporate strategy of the proposed UB, its immediate and long-term goals and objectives. 2. The lending program and special policies lined up for the first five (5) years including details on guidelines and standards to be established on exposure limits, portfolio diversification, collateral requirements, geographical expansion, assistance to pioneer and priority areas of economic activities and relationship with clients. 3. The investment policies and programs to be implemented within the first five (5) years of operation including broad categories of undertakings in which the proposed UB will invest, the portfolio mix to be observed, the extent of control over subscribed capital stock and voting stock to be exercised in the financial allied undertakings, QBs and non-financial allied undertakings. 4. The fund generation program for the first five (5) years of operation to support the expansion in loans and investments.
Appendix 1 - Page 2
APP. 1 08.12.31
5. The quarterly underwriting program for one (1) year stating industry of issuer, the volume of underwriting business classified into equity and debt, public offering and private placement and other information. E. Financial Projections 1. The detailed statement of underlying assumptions made in projecting the financial statements and ratios. 2. The detailed projected statement of income and expenses for the first five (5) years of operation. 3. The projected operating ratios for the first five (5) years of operation. 4. The actual statement of condition of applicant bank at month-end before filing of application and the projected statement of condition as of the first five (5) years-end of operation. 5. The projected balance sheet ratios as of the first five (5) years-end of operation. 6. The projected funds flow for the first five (5) years of operation. III. PUBLIC OFFERING AND LISTING OF BANK SHARES A domestic bank applying for a UB authority shall cause the public offering and listing of its shares under the following terms and conditions: 1. The shares to be publicly offered may be voting or non-voting shares and may come from the banks existing authorized and unsubscribed stock or from an increase in its authorized capital stock: Provided, That in the case of an applicant bank whose authorized capital has been fully subscribed and paid-up and that bank does not intend to increase its authorized capital stock, the shares to be publicly offered may come from existing stockholders who may be willing to divest themselves of such holdings.
2. The offering bank shall accept offers to buy or invest in its publicly offered shares of stock from new investors or from existing stockholders whose stockholdings, together with those of their relatives within the fourth degree of consanguinity or affinity or of firms, partnerships, corporations or associations, at least a majority of the voting stock of which are owned by such stockholders, constitute less than twenty percent (20%) of the banks subscribed capital stock. The banks articles of incorporation shall have an explicit provision stating that existing stockholders who are disqualified under these rules shall waive their pre-emptive rights to the additional shares to be publicly offered unless the articles of incorporation already provide that such stockholders do not have pre-emptive rights. The waiver may be limited to three (3) months after which period the disqualified stockholders may purchase shares from the unsubscribed/unsold publicly offered shares. The publicly offered shares of stock shall be sold to at least twenty-one (21) qualified buyers or group of buyers but the total shares of stock which may be purchased by any qualified buyer or group of buyers shall not exceed ten percent (10%) of the publicly offered shares of stock. Buyers of publicly offered shares shall in no case exceed the ownership ceilings under Sections 11, 12, and 13 of R.A. No. 8791 and Section 2 of R.A. No. 7721. 3. The bank shall fix the price of the shares of stock. In the case of subscribed and fully paid-up shares which shareholders are willing to divest, the price shall be set by agreement of the parties. 4. The offering bank shall submit to the appropriate supervising and examining department for evaluation, a prospectus containing the following minimum information: (a) Name and address of issuing bank; (b) A brief history of the banks operations and a description of its premises and facilities;
Appendix 1 - Page 3
APP. 1 08.12.31
(c) The current authorized capital stock and the stock offered for subscription/sale to the public indicating the classes of stock and the amount for each class presented in tabular form; (d) Features of the offer: (i) The number and amount of each class of stock offered; (ii) The per share and aggregate offering price of each class of stock and the per share and aggregate proceeds to be received by the bank; (iii) The proposed means of distribution; (iv) Specific terms of the offer (minimum subscription, payment terms, etc.); and (v) The expiry date of the offer. (e) Audited statements of condition (format similar to published statement of condition) and earnings and expenses for the last three (3) calendar years; Provided, That banks in operation for less than three (3) years shall disclose their audited financial statements from the start of operations to the year last ended; (f) Names and addresses of all directors and principal officers and their respective designations, and stock options and other similar plans for directors and officers; and (g) A list of stockholders owning ten percent (10%) or more of the subscribed capital stock, the number of shares held by each, whether voting or non-voting, and the par value of such shares. The list shall likewise show the ratio of subscribed capital
stock held by directors and principal officers to the authorized capital stock; the ratio of the publicly offered shares of stock to the authorized capital stock, the citizenship and family groupings of stockholders with their corresponding percentage of ownership. 5. The bank shall cause the publication of the public offering in a newspaper of general circulation at least twice within a period of one (1) month prior to the offering. 6. The provisions of the guidelines on public offering shall be deemed substantially complied with if the bank causes its shares of stock to be publicly offered in the manner and under the conditions herein prescribed for a period of three (3) months. In cases where there are no buyers willing and/or qualified to purchase or invest in the shares of stock being publicly offered within said period, the bank, after written notice to the appropriate supervising and examining department of the BSP, may sell said shares to its existing stockholders, subject to the limitations on equity holdings prescribed by law and regulations. The requirements of public offering and listing shall be complied with by all applicant banks including those that are able to meet the prescribed minimum capital requirement on their own or through merger/consolidation with other banks or non-bank financial intermediaries.
Appendix 1 - Page 4
APP. 2 08.12.31
PRESCRIBED APPLICATION FORMS FOR THE ENTRY OF FOREIGN BANKS

[Appendix to Subsec. X121.1 (2008 - X105.1)] A. Sample Application for Authority to Invest in an Existing Domestic Bank in the Philippines ___________________________________ Name of Applicant ___________________________________ Address of Head Office __________________________________ Cable Address ___________________________________ Telefax/Fax Number Date The Governor Bangko Sentral ng Pilipinas Manila, Philippines Sir: We hereby apply for authority to invest in _______ percent (___%) of the voting stock of __________________________________, an existing domestic bank in the Philippines. In support of this application, we submit the following documents: 1. 2. 3. A copy of the Memorandum of Understanding between the bank and the investee domestic bank; A copy of the Board Resolution authorizing the bank to invest in such domestic bank, and designating the person who will represent the bank in connection therewith; Historical background of the bank, as follows: (a) Date and place of incorporation; (b) Number of branches and agencies in the home country; (c) List of foreign branches, agencies, other offices, parent (if any), subsidiaries and affiliates, and their location and line of business (if different from banking); (d) Range of banking services offered; and (e) Financial and commercial relationship with the Philippine Government, local banks, business entities and residents, past or present;
Appendix 2 - Page 1
APP. 2 08.12.31
4. 5. 6. 7. 8.
A copy each of the latest amended articles of incorporation and by-laws; List of the banks directors and their citizenship; List of principal officers of the head office; Number of stockholders and list of stockholders owning more than fifteen percent (15%) of the voting stock, if any; A copy each of the banks audited financial statements (i.e., statement of condition and statement of income and expenses) for the last two (2) years prior to the filing of application; A copy of the banks annual report to the stockholders for the year immediately preceding the date of filing of application; A certification from the banks home country supervisory authority that: (a) The banks home country supervisory authority has no objection to the banks investment in an existing domestic bank in the Philippines; (b) Adequate information on the bank and its subsidiaries will be provided to the Bangko Sentral ng Pilipinas to the extent allowed under existing laws; and (c) The Philippine banks may likewise be allowed to establish subsidiaries and/or branches in the banks home country, subject to compliance with the rules and regulations governing admission which are applicable to all foreign banks; If the investment will constitute majority ownership or give the investor bank control of management, business plan supported by projected financial statements for one (1) year, and how such business plan can accomplish the policy objectives of R.A. No. 7721; and Undertaking to fully share technology, e.g. services/products and facilities such as computer hardware/software.
9. 10.
11.
12.
Should this application be approved, the following additional documents shall be submitted: 1. 2. Bio-data sheet for each of the new directors and new principal officers; Evidence of citizenship for each of the new directors and new principal officers in the investee domestic bank, such as: (a) Passport; (b) Birth certificate; or (c) Naturalization certificate; National Bureau of Investigation (NBI) and Bureau of Internal Revenue (BIR) clearances or similar police and tax clearances for each of the new directors and new principal officers who are Filipino citizens or residents of the Philippines;
3.
Appendix 2 - Page 2
APP. 2 08.12.31
4.
Authorization for the Bangko Sentral ng Pilipinas to conduct investigation and to obtain information from other sources in order to establish the authenticity of information/representations submitted; and Other relevant information as the Bangko Sentral ng Pilipinas may require. Very truly yours, __________________________ Signature of Authorized Officer Over Printed Name __________________________ Designation
5.
Attachments B. Sample Application for Authority to Establish a Subsidiary in the Philippines ____________________________ Name of Applicant ____________________________ Address of Head Office ____________________________ Cable Address ______________________________ Telex/Fax Number __________________ Date The Governor Bangko Sentral ng Pilipinas Manila, Philippines Sir: We hereby apply for authority to establish a ________ percent ( ____ %)-owned (Specify the type of bank) banking subsidiary in the Philippines. In support of this application, we submit the following information/documents: 1. A copy of the board resolution authorizing the bank to establish such subsidiary, and designating the person who will represent the bank in connection therewith;
Appendix 2 - Page 3
APP. 2 08.12.31
2.
Historical background of the bank, as follows: (a) Date and place of incorporation; (b) Number of domestic branches and agencies in the home country; (c) List of foreign branches, agencies, other offices, subsidiaries and affiliates, and their location and line of business (if different from banking); (d) Range of banking services offered; and (e) Financial and commercial relationship with the Philippine Government, local banks, business entities and residents, past or present; A copy each of the banks latest amended articles of incorporation and by-laws; List of the banks directors and their citizenship; List of principal officers of the head office; A certification from the banks Corporate Secretary that the bank or its holding company has at least fifty (50) stockholders and that no stockholder owns more than fifteen percent (15%) of the capital stock of the bank or its holding company, or that more than fifty percent (50%) of the capital stock of said bank or its holding company is owned by the government; A certification from the banks home country stock exchange authorized by the government that the bank is listed therein; A copy each of the audited financial statements (i.e., statement of condition and statement of income and expenses) for the last two (2) years prior to the filing of application of the applicant bank, and other corporate stockholders, if any, in the proposed subsidiary; Statement of Assets and Liabilities of each of the non-corporate subscribers/ stockholders* as of a date not earlier than ninety (90) days prior to the filing of application, duly certified by a Certified Public Accountant or sworn to by the subscriber/stockholder* himself, with supporting schedules; A copy of the banks annual report to the stockholders for the year immediately preceding the date of filing of application; Certified photo copies of income tax returns of each of the subscribers/ stockholders* for the last two (2) calendar/fiscal years; A certification from the banks home country supervisory authority: (a) That the banks home country supervisory authority has no objection to the banks establishment of a subsidiary in the Philippines; (b) That adequate information on the bank and its subsidiaries will be provided to the Bangko Sentral ng Pilipinas to the extent allowed under existing laws;
3. 4. 5. 6.
7. 8.
9.
10. 11. 12.
* Owning at least 2% of the subscribed capital stock
Appendix 2 - Page 4
APP. 2 08.12.31
(c) That the Philippine banks may likewise be allowed to establish subsidiaries and/or branches in the banks home country, subject to compliance with the rules and regulations governing admission which are applicable to all foreign banks; (d) As to the ranking of the applicant bank in the home country on the basis of net worth as well as on the basis of on-book total assets of the head office and all branches, excluding subsidiaries and affiliates; and (e) That the bank complies with the capital requirements as prescribed by the laws and regulations of the home country; 13. 14. Business plan supported by projected financial statements for one (1) year, and how such business plan can accomplish the policy objectives of R.A. No. 7721; National Bureau of Investigation (NBI) and Bureau of Internal Revenue (BIR) clearances or similar police or tax clearance for each of the non-corporate subscribers/ * stockholders and proposed directors who are Filipino citizens or residents of the Philippines; Undertaking to fully share technology, e.g. services/products and facilities such as computer hardware/software; Agreement to Organize a (specify type of bank) prescribed format in Item C below); and Bank in the Philippines (See
15. 16. 17.
Authorization for the Bangko Sentral ng Pilipinas to conduct investigation and to obtain information from other sources in order to establish the authenticity of information/representations submitted.
Should this application be approved, we shall submit the articles of incorporation of the proposed subsidiary together with an application for authority to register the same with the Securities and Exchange Commission (SEC) the Articles of Incorporation (See prescribed format in Item D below). Very truly yours, ___________________________ Signature of Authorized Officer Over Printed Name _________________________ Designation Attachments
* Owning at least 2% of the subscribed capital stock
Appendix 2 - Page 5
APP. 2 08.12.31
C. Sample Agreement to Organize a Subsidiary Bank AGREEMENT TO ORGANIZE A (Specify type of Bank) BANK An agreement, made this _____ day of _________________, 19__ by and among the following: Name Residence Citizenship
Whereas, the parties hereto are desirous of forming a corporation under the following terms: 1. That a corporation to be known as _____________________ shall forthwith be formed for the purpose of carrying on the business of a _____________________ bank as provided for by law; 2. That the place where the principal office of the corporation is to be established or located is in _________________________; 3. That the number of directors of the said corporation shall be _________________ and that the names, residences and citizenship of the proposed directors of the corporation are, as follows: Name Residence Citizenship
4. That the capital stock of said corporation is _______________________ pesos (___________) Philippine Currency, and said capital shall be divided into (number) preferred shares with a par value of ________________ each share: (If there are preferred shares, their preferences should be described.) 5. That the amount of said capital stock which is proposed to be subscribed initially by the stockholders is _____________________ pesos (P__________) and the amount proposed to be paid thereof upon organization is ___________ _____________________ pesos (P__________), as follows:
Appendix 2 - Page 6
APP. 2 08.12.31
Name
Residence
Citizenship
Amount to be Subscribed Paid-In
Total 6. That ______________________, one of the organizers, is hereby authorized to sign the application to the Bangko Sentral ng Pilipinas for the issuance of the certificate of authority to establish a ___________________ bank. IN WITNESS WHEREOF, we have hereunto set our hands this _______ day of ______________, 20___ in the ______________________________, Philippines. SIGNATURES _______________________________ _______________________________ _______________________________ _______________________________ _______________________________ _______________________________ _______________________________ _______________________________ __________________________________ __________________________________ __________________________________ __________________________________ __________________________________ __________________________________ __________________________________ __________________________________
SIGNED IN THE PRESENCE OF: _________________________________ Witness ___________________________________ Witness
NOTARIAL ACKNOWLEDGMENT
Appendix 2 - Page 7
APP. 2 08.12.31
D. Sample Letter to BSP Submitting Banks Articles of Incorporation for Issuance of the Certificate of Authority for SEC Registration __________________ Date The Governor Bangko Sentral ng Pilipinas Manila, Philippines Sir: I have the honor to submit herewith the Articles of Incorporation of _______________________________. By way of supporting documents, I am also submitting the following: 1. 2. 3. 4. Names of the proposed principal officers with their proposed designations and duties; Bio-data sheet for each of the incorporators, proposed directors and principal officers; Evidence that at least 40% of the voting stock of the corporation is owned by citizens of the Philippines; Evidence of citizenship for each of the directors and principal officers in the banking subsidiary, such as: (a) Passport; (b) Birth certificate; or (c) Naturalization certificate; National Bureau of Investigation (NBI) and Bureau of Internal Revenue (BIR) clearances or similar police or tax clearance for each of the proposed principal officers who are Filipino citizens or residents of the Philippines; and Location and banking premises, as follows: (a) Proposed location; and (b) Bank premises (indicate if purchased, built, or leased).
5.
6.
If you find the Articles of Incorporation in order, we are requesting for the issuance of the necessary certificate of authority for its registration with the Securities and Exchange Commission. Very truly yours, _______________________________ Authorized Representative of the Organizers Attachments
Appendix 2 - Page 8
APP. 2 08.12.31
E. Sample Application for Authority to Establish Branch/es in the Philippines ________________________________ Name of Applicant ________________________________ Address of Head Office ________________________________ Cable Address ________________________________ Telex/Fax Number __________________ Date The Governor Bangko Sentral ng Pilipinas Manila, Philippines Sir: We hereby apply for authority to establish branch/es with full banking authority in the Philippines. In support of this application, we submit the following information/documents: 1. A copy of the board resolution authorizing the bank to establish such branch/es in the Philippines, and designating the person who will represent the bank in connection therewith; Historical background of the bank, as follows: (a) Date and place of incorporation; (b) Number of branches and agencies in the home country; (c) List of foreign branches, agencies, other offices, subsidiaries and affiliates, and their location and line of business (if different from banking); (d) Range of banking services offered; and (e) Financial and commercial relationship with the Philippine Government, local banks, business entities and residents, past or present; A copy each of the latest amended articles of incorporation and by-laws; List of directors and their citizenship; List of principal officers of the head office;
2.
3. 4. 5.
Appendix 2 - Page 9
APP. 2 08.12.31
6.
A certification from the banks Corporate Secretary that the bank or its holding company has at least fifty (50) stockholders and that no stockholder owns more than fifteen percent (15%) of the capital stock of the bank or its holding company, or that more than fifty percent (50%) of the capital stock of said bank or its holding company is owned by the government; A certification from the banks home country stock exchange authorized by the government that the bank is listed therein; A copy each of the banks audited financial statements (i.e., statement of condition and statement of income and expenses) for the last two (2) years prior to the filing of application; A copy of the banks annual report to the stockholders for the year immediately preceding the date of filing of application; A certification from the banks home country supervisory authority; Business plan supported by projected financial statements for one (1) year, and how such business plan can accomplish the policy objectives of R.A. No. 7721; Undertaking to fully share technology, e.g. services/products and facilities such as computer hardware/software; and Authorization for the Bangko Sentral ng Pilipinas to conduct investigation and to obtain information from other sources in order to establish the authenticity of the information/ representations submitted.
7. 8.
9. 10. 11. 12. 13.
Should this application be approved, we undertake to submit another application for the issuance of the necessary certificate of authority to obtain license from the Securities and Exchange Commission (SEC) to operate branch/es in the Philippines (See prescribed format in Item F below). Very truly yours, Signature of Authorized Officer Over Printed Name
Designation
Attachments
Appendix 2 - Page 10
APP. 2 08.12.31
F. Sample Request for BSP Authority to Obtain License from SEC to Establish Branches of Foreign Banks ________________ Date The Governor Bangko Sentral ng Pilipinas Manila, Philippines S i r: I have the honor to request for a certificate of authority to obtain license from the Securities and Exchange Commission (SEC) for the establishment of branch/es in the Philippines. In support of this request, I am pleased to submit the following papers/documents and other information: 1. 2. 3. Names of the proposed principal officers with their proposed designation and duties; Bio-data sheet for each of the proposed principal officers; Evidence of citizenship for each of the proposed principal officers, such as: (a) Passport; (b) Birth certificate; or (c) Naturalization certificate; National Bureau of Investigation (NBI) and Bureau of Internal Revenue (BIR) clearances or similar police or tax clearances for each of the proposed principal officers who are Filipino citizens or residents of the Philippines; Location and banking premises, as follows: (a) Proposed location; and (b) Bank premises (indicate if purchased, built or leased); and
4.
5.
6. Head office guarantee (See suggested format in Item G below). Very truly yours, Name of Bank By: Signature of Authorized Officer Over Printed Name Designation Attachments
APP. 2 08.12.31
G.
Sample Guarantee Undertaking to Establish Branches of Foreign Banks GUARANTEE
KNOW ALL MEN BY THESE PRESENTS: WHEREAS, under the provisions of Republic Acts No. 8791, as amended, and No. 7721 of the Republic of the Philippines, the licensing, supervision and regulation of banks, both foreign and domestic, are vested with the Bangko Sentral ng Pilipinas; WHEREAS, under said Republic Act No. 7721, entitled: An Act Liberalizing the Entry and Scope of Operations of Foreign Banks in the Philippines and for Other Purposes, Name of Bank (hereinafter called Guarantor) has been authorized to operate a branch or branches in the Philippines. WHEREAS, under the provisions of Republic Act No. 7721, banks organized under laws other than those of the Republic of the Philippines shall guarantee the full payment of all liabilities of its branch or branches in the Philippines for the purpose of providing effective protection and security to the interests of the depositors and other creditors of said branch or branches; and WHEREAS, Guarantor is willing, desirous and ready at any time to give such full guarantee as well as to comply with whatever conditions required in said Republic Act No. 7721. NOW, THEREFORE, for the purpose above mentioned, Guarantor hereby agrees that in the event any branch of Guarantor located in the territory of the Republic of the Philippines should fail to promptly pay any lawful debt, claim or liability of any kind or character, due and payable under the laws of the Republic of the Philippines and pursuant to the terms of said debt, claim or liability, then Guarantor upon the demand of the Bangko Sentral shall promptly pay said debt, claim or liability to the person or persons entitled thereto under the laws of the Republic of the Philippines. Any such debt, claim or liability, not so promptly paid, shall bear interest at a rate per annum as may be prescribed by the Monetary Board. Said debts, claims or liabilities, interest thereon and any cost or expenses incidental to the collection thereof, shall be paid in the currency in which the obligations are expressed, or in which the costs or expenses were incurred. The obligation of Guarantor upon default of any of its branches located in the territory of the Republic of the Philippines is primary, direct and immediate and not contingent on any remedy or recourse upon any asset, property or right which its branch or branches within the territory of the Republic of the Philippines may have, in such a way that any depositor or creditor of its branch or branches in the Philippines may take, at any time, any action on this Guaranty whether or not said depositor or creditor has simultaneously taken or will thereafter take, any direct or indirect action under the laws of the Philippines against said branch or branches, or against any assets, property or rights thereof: Provided, however, That Guarantor shall have the right to set-off should it have any claim or claims against any depositor or creditor taking any action by virtue of the provisions of its Guarantee.
APP. 2 08.12.31
The right on this Guarantee is independent of and separate from whatever right, security or action which any depositor or creditor of said branch or branches in the Philippines may have, take or pursue to protect his interest, and whatever action or measure the Bangko Sentral ng Pilipinas may adopt in the exercise of its supervisory and regulatory powers allowed and provided for in said Republic Acts No. 8791, as amended, and No. 7721 of the Republic of the Philippines, such as requiring Guarantor to assign to its Philippine Branch or Branches an amount of capital sufficient to meet the minimum capital required in said Republic Act No. 7721, or any measure it may be authorized to take under the provisions of said Republic Act No. 8791, as amended, in the case of capital deficiencies; in such case or cases, the liability created hereunder shall not in the least be minimized or affected, it being the purpose of this undertaking that Guarantor shall at all times be responsible and obligated for any such obligations or liabilities of its branch or branches in the Philippines, and to the extent that the same has been fully paid or satisfied only will said Guarantor be relieved from its primary obligations hereunder. No technicality in the law or in the language of this Guarantee or in any contract, agreement or security, held by or with said branch or branches in the Philippines, shall defeat the nature and purpose of this Guarantee as a primary and direct obligation of Guarantor to the end that the interest of the depositors and creditors of the said branch or branches in the Philippines may be fully protected and satisfied in accordance with Section 5 of Republic Act No. 7721. Guarantor hereby acknowledges having full knowledge of said Republic Act No. 7721 in accordance with which this primary and principal obligation is given. Guarantor hereby recognizes the jurisdiction of Philippine courts and hereby authorizes its branch office and/or offices in the Philippines to accept summons, processes and notices from the Philippine courts. The Guarantee shall be governed by Philippine law. IN WITNESS WHEREOF, this Guarantee has been executed by Guarantor acting by and through its Officers thereunto duly authorized this _____ day of _____________, 19__.
APP. 3 10.12.31
GUIDELINES FOR THE ISSUANCE OF A UNIVERSAL BANKING AUTHORITY FOR BRANCHES OF FOREIGN BANKS
[Appendix to Subsec. X105.8 (2008 - X121.8)] I. QUALIFICATION AND DOCUMENTATION REQUIREMENTS A. Minimum Capital Required. A branch of a foreign bank applying for a universal banking (UB) authority shall have capital equivalent to at least the amount prescribed for UBs under Subsec. X111.1. The capital of a Philippine branch of a foreign bank which is authorized to operate as a UB shall consist of its permanently assigned capital plus Net Due to account: Provided , That at no time shall the aggregate of said accounts fall below the amount prescribed under Subsec. X111.1: Provided further, That the amount of the Net Due to which may be added to permanently assigned capital shall not exceed the equivalent of three (3) times the amount of the permanently assigned capital. The capital as described in the immediately preceding paragraph shall be net of (a) such unbooked valuation reserves and other capital adjustments as may be required by the BSP; (b) total outstanding unsecured credit accommodations, both direct and indirect, to directors, officers, stockholders, and their related interests (DOSRI); (c) deferred income tax; (d) equity investment of a bank in another bank or enterprise whether foreign or domestic, if the other bank or enterprise has a reciprocal equity investment in the investing bank, in which case, the investment of the bank or the reciprocal investment of the other bank or enterprises, whichever is lower; and (e) appraisal increment reserves (revaluation surplus) arising from an appreciation or an increase in the book value of bank assets. The list of direct and indirect loans to
DOSRI which are unsecured, the original
amount of the loan and date granted and the outstanding balance classified into current and past due shall be submitted by the applicant banks to the BSP. B. Financial Resources, Past Performance and General Compliance with Banking Laws and Regulations. Applicant bank shall not have incurred deficiency in the required capital-to- risk assets ratio (10%) under Section 34 of R.A. No. 8791, as amended, and Subsecs. X105.5 and X105.6, for the year preceding the filing of application. It shall have sufficient valuation reserves to cover estimated losses. Applicant bank shall not have incurred net deficiencies in its reserves against deposit liabilities and/or deposit substitute liabilities for the three (3)-month period immediately preceding the filing of the application. In addition, such ratios as primary reserves to deposit liabilities and primary and secondary reserves to deposit and demand liabilities shall show that applicant bank is in a liquid position. Applicant bank has substantially complied with banking laws or orders, instructions or regulations issued by the Monetary Board or orders, instructions or rulings by the Governor. Major/important exceptions and findings by BSP examiners have been corrected or satisfactorily explained. C. Knowledge, Competence, Experience and Integrity of Officers and Key Personnel. The applicant shall indicate in the
Appendix 3 - Page 1
APP. 3 10.12.31
application that officers and key personnel having the appropriate training and/or experience in investment banking and related functions are available/obtainable by the bank. An updated bio-data shall be submitted by each of the officers and key personnel who will handle investment banking and related functions. II. PROJECT FEASIBILITY STUDY The project feasibility study to be submitted by the applicant bank shall include, in addition to the regular content of such study, the following information in the format prescribed. A. Organization and Management 1. The proposed organization (position) chart of department within the applicant bank which shall be responsible for the investment banking functions, indicating for each position the name of the personnel proposed for appointment. 2. Bio-data that should be prepared for each of the proposed key personnel in the investment banking department. B. Corporate Strategy 1. The statement of corporate strategy of the UB and the immediate and long-term goals and objectives. 2. The lending program and special policies lined up for the first five (5) years including details on guidelines and standards to be established on exposure limits, portfolio diversification, collateral requirements, geographical expansion, assistance to pioneer and priority areas of economic activities and relationship with clients. 3. Investment policies and program to be implemented within the first five (5)
years of operation including the broad categories of undertakings in which the UB may invest, the portfolio mix to be observed, the extent of control over subscribed capital stock and voting stock to be exercised in financial allied undertakings, quasi-banks and non-financial allied undertakings. 4. Local branches of foreign banks may invest in the equity of financial as well as non-financial allied undertakings and non-allied undertakings wherein locally incorporated commercial banks with UB authority are allowed to invest. However, the branches equity investments shall be subject to equity ceilings set in pertinent laws. 5. Fund generation program for the first five (5) years of operation to support the expansion in loans and investments. 6. Quarterly underwriting program for one (1) year stating industry of issuer, the volume of underwriting business classified into equity and debt, public offering and private placement and other information. C. Financial Projections 1. The detailed statements of the underlying assumptions made in projecting the financial statements and ratios. 2. The detailed projected statement of income and expenses for the first five (5) years of operation. 3. The projected operating ratios for the first five (5) years of operation. 4. The actual statement of condition of UB at month-end before filing of application and the projected statement of condition as of the first five (5) yearsend of operation. 5. The projected balance sheet ratios as of the first five (5) years of operation. 6. The projected funds flow for the first five (5) years of operation.
(As amended by Circular Nos. 696 dated 29 October 2010 )
Appendix 3 - Page 2
APP. 4 11.12.31
FORMAT OF AFFIDAVIT ON TRANSACTIONS INVOLVING VOTING SHARES OF STOCKS

[Appendix to Subsecs. X126.2.c.3 and X126.2.d.3] REPUBLIC OF THE PHILIPPINES) ) S.S. AFFIDAVIT I,_________________________________, also known as ________________________with business address at ______________________, after having been duly sworn to in accordance with law depose and state that: 1. I am the subscriber, purchaser, transferee, or recipent of (state quantity) shares representing ____ percent of voting stocks of (state name of bank), hereinafter to be referred to as Bank, by virtue of (state instrument of subscription, purchase/sale, transfer, acquisition, etc.) dated _________________. 2. In acquiring equity in the Bank, I acted with full awareness and understanding that the Bank is a duly organized domestic banking corporation, exercising and enjoying a right, franchise and privilege to engage in _________ banking business, decreed by law to be a nationalized industry, wherein at least __________ percent of the voting stock should be owned by citizens of the Philippines and that there exist prohibitions under the law against the holding by any person, of voting shares of stock in excess of _______ of the voting shares of stock of the Bank. I am also aware of the requirement for prior Monetary Board approval of significant ownership of voting shares of stock by any person, natural or juridical, or by one (1) group of persons as provided in Subsec. X126.2.h of the Manual of Regulations for Banks (MORB). 3. Consonant with the policy of the Government as provided for in Commonwealth Act No. 108, as amended (The Anti-Dummy Law) and R. A. No. 8791 (The General Banking Law of 2000), I hereby declare as follows: a. The (state instrument of transfer) was not simulated to evade the provisions of the Constitution and Commonwealth Act. No. 108, as amended or the provisions of R. A. No. 8791, particularly Sections 11, 12 and 13 imposing maximum equity holdings by any person, whether natural or juridical, in banks; b. That I acquired said voting shares of stocks for valuable consideration from my own funds; c. As such subscriber, purchaser, transferee, or recipient, I have title over said voting shares of stock; and
Appendix 4 - Page 1
APP. 4 11.12.31
d. That I am the bona fide owner of voting shares of stock of the bank in my own right, and not as an agent, assignee, proxy, nominee or dummy of any person, whether natural or juridical. 4. This Affidavit is executed for the purpose of stating under oath my bona fide title over the voting shares of stocks of the Bank; that in acquiring title over said voting shares I gave valuable consideration; and that I shall comply with the requirements of all laws, rules and regulations with respect to my conduct as stockholder of the Bank. IN WITNESS WHEREOF, I hereby affix my signature this __________________, 20___ at _______________. day of
________________________ Affiant SUBSCRIBED and sworn to before me this ______ day of _______ 20__, affiant exhibiting to me his (valid identification document/s) No. , issued at on ______________ 20__. Notary Public Doc. No. Page No. Book No. Series of
Appendix 4 - Page 2
APP. 5 09.12.31
STANDARD PRE-QUALIFICATION REQUIREMENTS FOR THE GRANT OF BANKING AUTHORITIES

(Appendix to Subsections Indicated Below)
A. Banks Applying For Authority to 1. Establish additional branches of foreign banks (Subsec. X153.2); 2. Establish offices abroad (Subsec. X154.2); 3. Accept or create demand deposits (Subsec. X201.1); 4. Accept NOW accounts (Subsec. X223.1); and 5. Issue NCTDs (Subsec. X233.1); 6. Accept government deposits (Subsec. X240.3); 7. Engage in quasi-banking operations (Subsec. X234.2); 8. Operate an EFCDU/FCDU (Please refer to Circular No. 645 dated 13 February 2009); and 9. Engage in derivatives transactions [Subsec. X611.1 (2008 - X602.1)] B. Standard Pre-Qualification Requirements Banking Authorities
To establish offices abroad; To accept demand, NOW NCTDs and To accept government deposits; and To engage in quasibanking, EFCDU/FCDU and derivatives transactions
To establish additional branches of foreign bank
1. The bank has complied, during the period indicated immediately preceding the date of application, with the following: a. Risk-based capital adequacy ratio; b. Ceilings on credit accommodation to DOSRI; and c. Liquidity floor on government deposits; 90 days 90 days 90 days 60 days continuing continuing
Appendix 5 - Page 1
APP. 5 09.12.31
2. The bank has not incurred net weekly reserve deficiencies; 3. The bank has generally complied with banking laws, rules and regulations, orders or instructions of the Monetary Board and/or BSP Management; 4. The banks past due loans do not exceed twenty percent (20%) of its total loan portfolio as of the date of application; 5. The bank has corrected as of date of application the major violations noted in its latest examination particularly relating to a. single borrowers limit; and b. total investment in real estate and improvements thereon, including bank equipment, does not exceed fifty percent (50%) of net worth as of date of application; 6. The banks accounting records, systems, procedures and internal control systems are satisfactorily maintained; 7. The bank does not have float items outstanding for more than sixty (60) calendar days in the Due From/To Head Office/Branches/Offices accounts and the Due From Bangko Sentral account exceeding one percent (1%) of the total resources as of end of preceding month; 8. The bank has no past due obligation with the BSP or with any FI as of date of application; 9. The banks facilities pertinent to the authority applied for are adequate; 10. The officers who will be in-charge of the operation relating to the authority applied for have actual experience of at least two (2) years in another bank as in-charge (or at least as assistant-in-charge) of the same operation;
12 weeks
8 weeks
a a a
a a a
Appendix 5 - Page 2
APP. 5 09.12.31
11. The bank personnel who will handle the operation relating to the authority applied for, have attended appropriate seminars, workshops or on-the-job training or have experience of at least six (6) months; 12. The bank has complied with the mandatory allocation of credit resources to small and medium enterprises for two (2) quarters immediately preceding the date of application; 13. The bank has not been found engaging in unsafe and unsound banking practices during the last six (6) months immediately preceding the date of application where applicable; 14. The bank has complied with the twenty percent (20%) aggregate limit on real estate loans as of end of preceding quarter (for UBs/KBs only); 15. The bank has set up the prescribed allowances for probable losses, both general and specific, as of date of application; 16. The bank is a member of the Philippine Deposit Insurance Corporation in good standing as of date of application (for TBs/RBs/Coop Banks only)
(As amended by Circular Nos. 645 dated 13 February 2009 and 613 dated 18 June 2008)
n/a
n/a
n/a
n/a
a - applicable n/a - not applicable Manual of Regulations for Banks Appendix 5 - Page 3
APP. 5a 09.12.31
PREREQUISITES FOR THE GRANT OF AUTHORITY TO OPERATE FOREIGN CURRENCY DEPOSIT UNIT
(Please refer to Circular No. 645 dated 13 February 2009, as amended by Circular No. 674 dated 10 December 2009)
Appendix 5a - Page 1
APP. 5b 08.12.31
QUALIFICATION REQUIREMENTS FOR A BANK/NBFI APPLYING FOR ACCREDITATION TO ACT AS TRUSTEE ON ANY MORTGAGE OR BOND ISSUED BY ANY MUNICIPALITY, GOVERNMENT-OWNED OR -CONTROLLED CORPORATION, OR ANY BODY POLITIC
(Appendix to Subsec. X409.16) A bank/NBFI applying for accreditation to act as trustee on any mortgage or bond issued by any municipality, governmentowned or controlled corporation, or any body politic must comply with the following requirements: a. It must be a bank or NBFI under BSP supervision; b. It must have a license to engage in trust and other fiduciary business; c. It must have complied with the minimum capital accounts required under existing regulations, as follows:
UBs and KBs The amount required under existing regulations or such amount as may be required by the Monetary Board in the future
Branches of The amount required under Foreign Banks existing regulations Thrift Banks P650.0 million or such amounts as may be required by the Monetary Board in the future Adjusted capital of at least P300.0 million or such amounts as may be required by the Monetary Board in the future.
NBFIs
d. Its risk-based capital adequacy ratio is not lower than twelve percent (12%) at the time of filing the application; e. The articles of incorporation or governing charter of the institution shall include among its powers or purposes, acting as trustee or administering any trust or holding property in trust or on deposit for the use, or in behalf of others;
f. The by-laws of the institution shall include among others, provisions on the following: (1) The organization plan or structure of the department, office or unit which shall conduct the trust and other fiduciary business of the institution; (2) The creation of a trust committee, the appointment of a trust officer and subordinate officers of the trust department; and (3) A clear definition of the duties and responsibilities as well as the line and staff functional relationships of the various units, officers and staff within the organization. g. The banks operation during the preceding calendar year and for the period immediately preceding the date of application has been profitable; h. It has not incurred net weekly reserve deficiencies during the eight (8) weeks period immediately preceding the date of application; i. It has generally complied with banking laws, rules and regulations, orders or instructions of the Monetary Board and/or BSP Management in the last two (2) preceding examinations prior to the date of application, particularly on the following: (1) election of at least two (2) independent directors; (2) attendance by every member of the board of directors in a special seminar for board of directors conducted or accredited by the BSP; (3) the ceilings on credit accommodations to DOSRI; (4) liquidity floor requirements for government deposits;
Appendix 5b - Page 1
APP. 5b 08.12.31
(5) single borrowers loan limit; and (6) investment in bank premises and other fixed assets. j. It maintains adequate provisions for probable losses commensurate to the quality of its assets portfolio but not lower than the required valuation reserves as determined by the BSP; k. It does not have float items outstanding for more than sixty (60) calendar days in the Due From/To Head Office/ Branches/Other Offices accounts and the Due from BSP account exceeding one percent (1%) of the total resources as of date of application; l. It has established a risk management system appropriate to its operations characterized by clear delineation of
responsibility for risk management, adequate risk measurement systems, appropriately structured risk limits, effective internal controls and complete, timely and efficient risk reporting system; m. It has a CAMELS Composite Rating of at least 3 in the last regular examination with management rating of not lower than 3; and n. It is a member of the PDIC in good standing (for banks only); Compliance with the foregoing as well as with other requirements under existing regulations shall be maintained up to the time the trust license is granted. A bank that fails in this respect shall be required to show compliance for another test period of the same duration.
REPORTS REQUIRED OF BANKS

[Appendix to Sec. X192 (2008 - X162)]
A. UBs/KBs
Category A-1 Form No. Form 2B/2B.1 (BSP-7-16-03) MOR Ref. X192.9 (Cir. No. 576 dated 08.08.07 and M-030 dated 10.04.07) Report Title Balance Sheet (BS)/Consolidated Balance Sheet (CBS) Frequency Quarterly Submission Deadline 12th banking day from the date of the Call Letter Submission Procedure Diskette/CD/e-mail to SDC1/ [email protected]
Manual of Regulations for Banks Appendix 6 - Page 1
Published BS/CBS
20th banking day from the date of the Call Letter
SDC Postal/messengerial services/Fax to 523-3461 or 523-0230
A-1
Unnumbered
X191.2 (Cir. No. 512 dated 02.03.06, as amended by Cir. No. 701 dated 12.13.10, M-032 dated 09.27.10, M-021 dated 07.20.10, M-016 dated 06.16.10, M-012 dated 03.14.08, M-011 dated 03.07.08, Cir. No. 600 dated 02.04.08, M-026 dated 09.20.07, M-015 dated 05.28.07, Cir.
Financial Reporting Package (FRP) Balance Sheet (FRP) Solo basis (Head Office and branches) Consolidated basis (together with applicable schedules)2/ Monthly Quarterly 15th banking day after end of reference month 30th banking day after end of reference quarter Diskette/CD/e-mail to SDC1/ [email protected] -do-
APP. 6 11.12.31
1/
2/
Control Prooflist duly signed by the authorized official of the reporting bank and a Notary Public, shall be submitted within the prescribed submission deadlines to SDC via Fax No. (02) 523-3461 or hard copy via postal/messengerial services. Only banks with financial allied subsidiaries, excluding insurance subsidiaries, shall submit the reports on consolidated basis.
Category
Form No.
MOR Ref. No. 568 dated 05.08.07, M-006 dated 07.07.06 and MAB dated 03.07.06)
Report Title Income Statement (FRP): Solo basis (Head Office and branches) Consolidated basis (together applicable schedules)2/ with
Frequency
Submission Deadline
Submission Procedure
Appendix 6 - Page 2 Manual of Regulations for Banks
APP. 6 11.12.31
Quarterly -do-
15th banking day after end of reference quarter 30th banking day after end of reference quarter
Diskette/CD/e-mail to SDC1/ [email protected] -do-
Schedules (Solo Report): 1 2 3 Checks and Other Cash Items (COCI) Due from Other Banks Financial Assets Held for Trading Breakdown of Held for Trading (HFT) Financial Assets Purchased/Sold/Lent Under Repurchase Agreements, Certificates of Assignment/Participation with Recourse, Securities Lending and Borrowing Agreements Derivatives Held for Trading (HFT) Derivatives Held for Trading - Matrix of Counterparty and Type of Derivatives Contracts Monthly -do-doQuarterly 15th banking day after end of reference month -do-do15th banking day after end of reference quarter -do-do-do-do-
3a -
-doMonthly
-do15th banking day after end of reference month
-do-do-
4a -
1/
2/
Category
Form No.
MOR Ref. 5 6 6a -
Report Title Financial Assets Designated at Fair Value through Profit or Loss Available-for-Sale Financial Assets Breakdown of Available for Sale Financial Assets Purchased/Sold/Lent Under Repurchase Agreements, Certificates of Assignment/Participation with Recourse, Securities Lending and Borrowing Agreements Available-for-Sale Financial AssetsClassified as to Status Available-for-Sale Financial Assets Movements in Allowances for Credit Losses Held to Maturity (HTM) Financial Assets Breakdown of Held to Maturity Financial Assets Purchased/Sold/Lent Under Repurchase Agreements, Certificates of Assignment/Participation with Recourse, Securities Lending and Borrowing Agreements
Frequency Monthly -doQuarterly
Submission Deadline 15th banking day after end of reference month -do15th banking day after end of reference quarter
Submission Procedure Diskette/CD/e-mail to SDC1/ [email protected] -do-do-
6b to 6b4 6c to 6c4 7 7a -
-doAnnually Monthly Quarterly
-do15th banking day after end of reference year 15th banking day after end of reference month 15th banking day after end of reference quarter
-do-do-do-do-
APP. 6 11.12.31
1/
Control Prooflist duly signed by the authorized official of the reporting bank and a Notary Public, shall be submitted within the prescribed submission deadlines to SDC via Fax No. (02) 523-3461 or hard copy via postal/messengerial services.
Category
Form No.
MOR Ref. 7b -
Report Title Fair Value of Held to Maturity (HTM) Financial Assets Held to Maturity Financial Assets Classified as to Status Held to Maturity Financial Assets Movements in Allowances for Credit Losses Unquoted Debt Securities Classified as Loans Fair Value of Unquoted Debt Securities Classified as Loans Unquoted Debt Securities Classified as Loans Classified as to Status Unquoted Debt Securities Classified as Loans-Movements in Allowances for Credit Losses Investment in Non-Marketable Equity Securities Interbank Loans Receivables Loans and Receivables - Others
Frequency Annually Quarterly Annually
Submission Deadline 15th banking day after end of reference year 15th banking day after end of reference quarter 15th banking day after end of reference year 15th banking day after end of reference month 15th banking day after end of reference year 15th banking day after end of reference quarter 15th banking day after end of reference year 15th banking day after end of reference month -do-do-
APP. 6 11.12.31
7c to 7c4 7d to 7d4 8 8a -
Monthly Annually Quarterly Annually
-do-do-do-do-
8b to 8b4 8c to 8c4 9 10 11 -
Monthly -do-do-
-do-do-do-
1/
Category
Form No.
MOR Ref. 11a to 11a4 11b to 11b4 11c to 11c4 11d to 11d4 11e to 11e4 11f -
Report Title Loans and Receivables Classified as to Status Others
Frequency -doMonthly Quarterly
Submission Deadline -do15th banking day after end of reference month 15th banking day after end of reference quarter 15th banking day after end of reference month 15th banking day after end of reference year 15th banking day after end of reference month
Restructured Loans and Receivables Classified as to Status Loans and Receivables - Others Movements in Allowances for Credit Losses Gross Loans and Receivables - Others Classified as to Type of Business/Industry of Counterparty Loans and Receivables - Others Classified as to Status per PAS 39 Schedule of Agri/Agra SME, DIL and Microfinance Loans and Receivables Under Sched 11 Classified as to Counterpary Real Estate Exposure Investment in Debt and Equity Securities issued by Real Estate Companies Original Maturity and Earliest Repricing of Real Estate Exposure
Monthly
-do-
Annually Monthly
-do-do-
11g1 11g2 11g3 -
Quarterly -do-do-
15th banking day after end of reference quarter -do-do-
-do-do-do-
APP. 6 11.12.31
1/
Category
Form No.
MOR Ref. 12 -
Report Title Loans and Receivables Arising from Repurchase Agreements, Certificates of Assignment/Participation with Recourse and Securities Lending and Borrowing Transactions Loans and Receivables Arising from Repurchase Agreements, Certificates of Assignment/Participation with Recourse and Securities Lending and Borrowing Transactions-Matrix of Counterparty and Issuer of Collateral Securities Fair Value Adjustments in Hedge Accounting Derivatives Held for Fair Value Hedge Derivatives Held for Cash Flow Hedge Derivatives Held for Hedges of Net Investment in Foreign Operations Financial Derivatives Held for Portfolio Hedge of Interest Rate Risk (Market to Market Amount) Accrued Interest Income/Expense from Financial Assets and Liabilities Equity Investment in Subsidiaries, Associates and Joint Ventures
Frequency Monthly
Submission Deadline 15th banking day after end of reference month
Submission Procedure Diskette/CD/e-mail to SDC1/ [email protected]
APP. 6 11.12.31
12a to 12a4
Quarterly
15th banking day after end of reference quarter
-do-
13 13a 13b 13c 13d
-do-do-do-do-do-
-do-do-do-do-do-
-do-do-do-do-do-
14 15
-doMonthly
-do15th banking day after end of reference month
-do-do-
1/
Category
Form No.
MOR Ref. 15a -
Report Title Equity Investment in Subsidiaries, Associates and Joint Ventures - Classified as to Nature of Business Details of Equity Investment in Subsidiaries, Associates and Joint Ventures Bank Premises, Furniture, Fixture and Equipment Real and Other Properties Acquired/Noncurrent Assets Held for Sale Aging of ROPA and NCAHS Accounts Movement in ROPA and NCAHS Accounts Schedule of Tax Assets and Liabilities Other Assets Breakdown of Due from and Due to Head Office/Branches/Agencies Abroad Philippine Branch of Foreign Banks Liability for Short Position
Frequency Quarterly
Submission Deadline 15th banking day after end of reference quarter -do-do-do15th banking day after end of reference year -do-do-
Submission Procedure Diskette/CD/e-mail to SDC1/ [email protected] -do-do-do-do-do-do-do-do-

1/
15b 16 17 17a 17b 18 19 20
-do-do-doAnnually -do-doMonthly -do-
15th banking day after end of reference month -do-
21
Quarterly
-do-
APP. 6 11.12.31
Category
Form No.
MOR Ref. 22 22a -
Report Title Deposit Liabilities Classified as to Type of Deposit Deposit Liabilities by Size of Accounts Excluding Deposits in Foreign Offices/ Branches Due to Other Banks Bills Payable Bonds Payable, Unsecured Subordinated Debt and Redeemable Preferred Shares Fair Value of Financial Liabilities Financial Liabilities Associated with Transferred Assets Other Liabilities Interest Income/Expense from Financial Instruments Interest Income from Due from Other Banks Classified as to Type of Deposits
Frequency Monthly Quarterly
Submission Deadline 15th banking day after end of reference month 15th banking day after end of reference quarter 15th banking day after end of reference month -do15th banking day after end of reference quarter 15th banking day after end of reference year 15th banking day after end of reference quarter 15th banking day after end of reference month 15th banking day after end of reference quarter -do-
Submission Procedure Diskette/CD/e-mail to SDC1/ [email protected] -do-
APP. 6 11.12.31
23 24 25 26 27 28 29 29a
Monthly -doQuarterly Annually Quarterly Monthly Quarterly -do-
-do-do-do-do-do-do-do-do-
1/
Category
Form No.
MOR Ref. 29b -
Report Title Interest Income from Held for Trading, Designated at FVPL, Available for Sale, Held to Maturity Financial Assets and Unquoted Debt Securities Classified as Loans Interest Income from Interbank Loans Receivables Interest Income from Loans and ReceivablesOthers - Classified as to Status Interest Income from Loans and Receivables Arising from Repurchase Agreements, Certificates of Assignment/Participation with Recourse and Securities Lending and Borrowing Transactions Interest Expense on Deposit Liabilities - Classified as to type of deposit Interest Expense on Bills Payable Interest Expense on Bonds Payable, Unsecured Subordinated Debt and Redeemable Preferred Shares Dividend Income Gains/(Loss) on Financial Assets and Liabilities Held for Trading
Frequency Quarterly
Submission Deadline 15th banking day after end of the reference quarter -do-do-do-do-

1/
29c
-do-do-do-
-do-do-do-
29d to 29d4 29e -
30a 30b 30c
-do-do-do-
-do-do-do-
-do-do-do-
31 32
-do-do-
-do-do-
-do-do-
APP. 6 11.12.31
Category
Form No.
MOR Ref. 33 -
Report Title Gains/(Losses) from Sale/Redemption/ Derecognition of Non-Trading Financial Assets and Liabilities Compensation/Fringe Benefits Other Administrative Expenses Depreciation/Amortization Expense Impairment Loss Off-Balance Sheet Compliance with Section X347 Residual Maturity Performing Financial Assets and Financial Liabilities Repricing - Performing Financial Assets and Financial Liabilities Investment in Debt Instruments Issued by LGUs and Loans Granted to LGUs Disclosure of Due From FCDU/RBU and Due to FCDU/RBU
Frequency Quarterly
Submission Deadline 15th banking day after end of the reference quarter -do-do-do-do-do-do-do-do-do-do-
Submission Procedure Diskette/CD/e-mail to SDC1/ [email protected] -do-do-do-do-do-do-do-do-do-do-
APP. 6 11.12.31
34 35 36 37 38 38a
-do-do-do-do-do-do-do-do-do-do-
39 & 39a 40 & 40a 41 42 -
1/
Category
Form No.
MOR Ref.
Report Title Schedules (Consolidated Report): Control Prooflist 1 2 3 3a Checks and Other Cash Items Due from Other Banks Financial Assets Held for Trading Breakdown of Held for Trading (HFT) Financial Assets Purchased/Sold/Lent Under Repurchase Agreements, Certificates of Assignment/Participation with Recourse, Securities Lending and Borrowing Agreements Derivatives Held for Trading (HFT) Derivatives Held for Trading-Matrix of Counterparty and Type of Derivative Contracts Financial Assets Designated at Fair Value through Profit or Loss Available-for-Sale Financial Assets
Frequency Quarterly -do-do-do-do-
Submission Deadline 30th banking day after end of reference quarter -do-do-do-do-
Submission Procedure Diskette/CD/e-mail to SDC1/ sdckb [email protected] -do-do-do-do-

1/
4 4a
-do-do-
-do-do-
-do-do-
5 6 6a
-do-do-do-
-do-do-do-
-do-do-do-
Breakdown of Available-For-Sale Financial Assets Purchased/Sold/Lent Under Repurchase Agreements, Certificates of Assignment/Participation with Recourse, Securities Lending and Borrowing Agreements
APP. 6 11.12.31
Category
Form No.
MOR Ref. 6b 6c 7 7a -
Report Title Available-for-Sale Financial AssetsClassified as to Status Available-for-Sale Financial Assets Movements in allowances for credit losses Held to Maturity (HTM) Financial Assets Breakdown of Held to Maturity Financial Assets Purchased/Sold/Lent Under Repurchase Agreements, Certificates of Assignment/Participation with Recourse, Securities Lending and Borrowing Agreements Fair Value of Held to Maturity Financial Assets Held to Maturity Financial Assets Classified as to Status Held to Maturity Financial Assets Movements in Allowances for Credit Losses Unquoted Debt Securities Classified as Loans Fair Value of Unquoted Debt Securities Classified as to Status Unquoted Debt Securities Classified as Loans Classified as to Status
Frequency Quarterly Annually Quarterly -do-
Submission Deadline 30th banking day after end of reference quarter 30th banking day after end of reference year 30th banking day after end of reference quarter -do-
Submission Procedure Diskette/CD/e-mail to SDC1/ [email protected] Check with SDC -do-do-
APP. 6 11.12.31
7b 7c 7d 8 8a 8b
Annually Quarterly Annually Quarterly Annually Quarterly
30th banking day after end of reference year 30th banking day after end of reference quarter 30th banking day after end of reference year 30th banking day after end of reference quarter 30th banking day after end of reference year 30th banking day after end of reference quarter
-do-do-do-doDiskette/CD/e-mail to SDC1/ [email protected] -do-
1/
Category
Form No.
MOR Ref. 8c 9 10 11 -
Report Title Unquoted Debt Securities Classified as Loans Movements in allowances for Credit Losses Investment in Non-Marketable Equity Securities Interbank Loans Receivables Loans and Receivables - Others Loans and Receivables Classified as to Status Others
Frequency Annually -doQuarterly -do-do-do-do-do-
Submission Deadline 30th banking day after end of the reference year -do30th banking day after end of reference quarter -do-do-do-do-do-
Submission Procedure Diskette/CD/e-mail to SDC1/ [email protected] -do-do-do-do-do-do-do-

1/
11a 11b 11c 11d -
Restructured Loans and Receivables Classified as to Status Loans and Receivables - Others Movements in Allowances for Credit Losses Gross Loans and Receivables - Others Classified as to Type of Business/Industry of Counterparty Loans and Receivables - Others Classified as to status per PAS 39 Schedule of Agri/Agra SME, DIL and Microfinance Loans and Receivables Under Sched 11 Classified as to Counterparty Report on Real Estate Exposure
11e 11f -
Annually Quarterly
30th banking day after end of reference year 30th banking day after end of reference quarter -do-
-do-do-
11g1 -
-do-
-do-
APP. 6 11.12.31
Category
Form No.
MOR Ref. 11g2 11g3 -
Report Title Investment in Debt and Equity Securities Issued by Real Estate companies Original Maturity and Earliest Repricing of Real Estate Exposure
Frequency Quarterly -do-do-
Submission Deadline 30th banking day after end of reference quarter -do-do-
APP. 6 11.12.31
12 - Loans and Receivables Arising from Repurchase Agreements, Certificates of Assignment/Participation with Recourse and Securities Lending and Borrowing Transactions - By Counterparty 12a - Loans and Receivables Arising from Repurchase Agreements, Cerificates of Assignment/Participation with Recourse and Securities Lending and Borrowing transactions Matrix of Counterparty and Issuer of Collateral Securities 13 - Fair Value Adjustments in Hedge Accounting 13a - Derivatives Held for Fair Value Hedge 13b - Derivatives Held for Cash Flow Hedge 13c - Derivatives Held for Hedges of Net Investment in Foreign Operations 13d - Derivatives Held for Portfolio Hedge of Interest Rate Risk (Marked to Market Amount) 14 - Accrued Interest Income/Expense from Financial Assets and Liabilities
-do-
-do-
-do-
-do-do-do-do-do-
-do-do-do-do-do-
-do-do-do-do-do-
-do-
-do-
-do-
1/
Category
Form No.
MOR Ref.
Report Title 15 - Equity Investment in Subsidiaries, Associates and Joint Ventures 15a - Equity Investment in Subsidiaries, Associates and Joint Ventures - Classified as to Nature of Business 15b - Details of Equity Investment in Subsidiaries, Associates and Joint Ventures 16 - Bank Premises, Furniture, Fixture and Equipment 17 - Real and Other Properties Acquired/NonCurrent Assets Held for Sale 17a - Aging of ROPA and NCAHs Accounts 17b Movement in ROPA and NCAHs Accounts
Frequency Quarterly -do-dodo-doAnnually -do-doQuarterly -do-
Submission Deadline 30th banking day after end of reference quarter -do-do-do-do30th banking day after end of reference year -do-do15th banking day after end of reference quarter -do-
Submission Procedure Diskette/CD/e-mail to SDC1/ [email protected] -do-do-do-do-do-do-do-do-do-

1/
18 - Schedule of Tax Assets & Liabilities 19 - Other Assets 20 - Breakdown of Due from and Due to Head Office/Branches/Agencies Abroad - Philippine Branch of a Foreign Bank 21 - Liability for Short Position
-do-
-do-
-do-
APP. 6 11.12.31
Category
Form No.
MOR Ref.
Report Title 22 - Deposit Liabilities Classified as to Type of Deposit 22a - Deposit Liabilities by Size of Accounts Excluding Deposits in Foreign Offices/ Branches 23 - Due to Other Banks 24 - Bills Payable 25 - Bonds Payable, Unsecured Subordinated Debt and Redeemable Preferred Shares 26 - Fair Value of Financial Liabilities 27 - Financial Liabilities Associated with Transferred Assets 28 - Other Liabilities 29 - Interest Income/Expense from Financial Instruments 29a - Interest Income from Due from Other Banks Classified as to Type of Deposits 29b - Interest Income from Held for Trading, Designated at FVPL, Available for Sale, Held to Maturity Finacial Assets and Unquoted Debt Securities Classified as Loans
Frequency Quarterly -do-
Submission Deadline 30th banking day after end of reference quarter 30th banking day after end of reference quarter -do-do-do30th banking day after end of reference year 30th banking day after end of reference quarter -do-do-do-do-
APP. 6 11.12.31
-do-do-doAnnually Quarterly -do-do-do-do-
-do-do-do-do-do-do-do-do-do-
1/
Category
Form No.
MOR Ref.
Report Title 29c - Interest Income from Interbank Loans Receivables 29d - Interest Income from Loans and Receivables Others - Classified as to Status 29e - Interest Income from Loans and Receivables Arising from Repurchase Agreements, Certificates of Assignment/Participation with Recourse and Securities Lending and Borrowing Transactions 30a - Interest Expense on Deposit Liabilities Classified as to Type of Deposit 30b - Interest Expense on Bills Payable
Submission Deadline 30th banking day after end of reference quarter -do-do-

1/
-do-do-do-
-do-do-do-
-do-do-do-
30c - Interest Expense on Bonds Payable, Unsecured Subordinated Debt and Redeemable Preferred Shares 31 32 33 Dividend Income Gains/(Loss) on Financial Assets and Liabilities Held for Trading Gains/(Losses) from Sale/Redemption Derecognition of Non-Trading Financial Assets and Liabilities Compensation/Fringe Benefits
-do-do-do-
-do-do-do-
-do-do-do-
34 -
-do-
-do-
-do-
APP. 6 11.12.31
Category
Form No.
MOR Ref. 35 36 37 38 -
Report Title Other Administrative Expenses Depreciation/Amortization Expense Impairment Loss Off-Balance Sheet Compliance with Section X347 Residual Maturity Performing Financial Assets and Financial Liabilities Repricing - Performing Financial Assets and Financial Liabilities Investment in Debt Instruments Issued by LGUs and Loans Granted to LGUs Disclosure of Due from FCDU/RBU and Due to FCDU/RBU
Frequency Quartely -do-do-do-do-do-do-do-do-do-
Submission Deadline 30th banking day after end of reference quarter -do-do-do-do-do-do-do-do-do-
APP. 6 11.12.31
38a 39 40 41 42 A-1 Unnumbered X116.5 1115.2 (As amended by Cir. Nos. 574 dated 07.10.07, 503 dated 12.22.05 and 475 dated 02.14.05) -
Computation of the Adjusted Risk-Based Capital Adequacy Ratio Covering Combined Credit Risk, Market Rist, and Operational Risk solo basis (head office and branches) consolidated basis (parent bank plus subsidiary financial allied undertakings, but excluding insurance companies)
-do-do-
SDC SDC
1/
Category A-1
Form No. Unnumbered
MOR Ref.
Report Title
Frequency Monthly
Submission Procedure CMSG cc : SDC [email protected]. s d c [email protected]
Derivatives Report X611.5 (Cir. No. 594 dated 01.08.08, as Schedules: Report on Outstanding Derivatives Contracts amended by (Stand - Alone - RBU, Stand - Alone - FCDU, M-009 dated Hybrid) 02.27.08) Report on Trading (Gains/Losses) on Financial Derivatives Certification (Hard Copy)
Monthly -do-
15th banking day after end of reference month -do-
Receiving Section, SES cc mail: SDC sdckb-pfrs@bsp. gov.ph
A-1
Unnumbered
X191.3 X388.5 (As amended by Cir. No. 708 dated 01.10.11, 733 dated 05.08.11 and M048 dated 08.26.11)
Supplementary Report on Early Adoption of PFRS 9: Report on Financial Assets Designated/Mandatorily Measured at Fair value Through Profit or Loss
A-1
Unnumbered
Reports Relative to the Early Adoption of PFRS 9 X191.3 X388.5 (As amended by Cir. No. 708 dated 01.10.11, 733 dated 05.08.11 and M048 dated 08.26.11)
One-time
15th banking day after end of reference month of date of implementation (2011 early adopters) or 15th banking day after end of reference month of initital application of PFRS 9 (2012 early adopters)
-do-
APP. 6 11.12.31
Category A-2
Form No. DCB I/II Form 1 (Revised June 2001)
MOR Ref. X116.3 X105.5 X258
Report Title Consolidated Daily Report of Condition: Schedules: Schedule 1 - Other Non-Risk Assets Schedule 2 - Selected Domestic Accounts and Control Proofsheet Annexes - Weekly Inventory of GS Held
Frequency Weekly
Submission Deadline 3rd banking day after end of reference week
Submission Procedure cc mail: SDC at [email protected] SDC via Fax No. (02)523-3461 or postal/ messengerial service
APP. 6 11.12.31
KAR 230KB (BSP-SES1.03) KAR 240KB (BSP-SES1.04) KAR 250KB (BSP 7-16-07) KAR 260KB (BSP 7-16-01.1-3) KUB 265DR A-2 Unnumbered X405.9
CARE Reports Reports on Required and Available Reserves on: Deposit Substitutes/Interbank Loans; and Deposit Liabilities
Weekly
Upon completion of Processing by SDC
(Note: CDRC-sourced reports generated by SDC are furnished to the appropriate department of the SES)
Reports on Minimum Capital Required Under Section 34 of R.A. No. 8791 Summary Utilization of Available Reserves & Liquidity Floor on Gov't Funds Held Report on Peso-Denominated Common Trust Fund and Other Similarly Managed Funds Weekly 3rd banking day after end of reference week In diskette format hardcopy via postal/ messengerial service via electronic mail at [email protected] to SDC -do-
A-2
Unnumbered
X405.9 (CL dated 08.20.98)
Report on TOFA-Others
-do-
-do-
Category A-2
Form No.
MOR Ref. X425.2 (Cir. 609 dated 05.26.08 as amended by M-022 dated 06.26.08)
Report Title Financial Reporting Package for Trust Institutions Schedules: Balance Sheet A1 to A2 Main Report B to B2 Details of Investments in Debt and Equity Securities C to C2 Details of Loans and Receivables D to D2 Wealth/Asset/Fund Management UITF E Other Fiduciary Accounts E1 to E1b Other Fiduciary Services - UITF Income Statement Control Prooflist
Frequency Quarterly
Submission Deadline 20th banking day after the end of reference quarter
Submission Procedure SDC [email protected]
Unnumbered
-doAnnually or as directors are elected As transaction occurs
20th banking day after the end of reference quarter 30th banking day after date of election
SDC Hardcopy to CPCD/ISD or Appropriate department of the SES Original and duplicate to Anti-Money Laundering Council (AMLC)
A-2
Unnumbered (no prescribed form) Unnumbered
X141.9
Acknowledgment of copies of specific duties and responsibilities of the board of directors and of a director and certification that they fully understand the same Covered Transaction Report (CTR)
A-2
X801.5 (Revised May 2002, as amended by Cir. No. 612 dated 06.03.08) X807 (Revised May 2002, as amended by Cir. No. 612 dated 06.03.08)
10th banking day from the occurence of the transaction
A-2
Unnumbered
Suspicious Transaction Report (STR)
-do-
-do-
-do-
APP. 6 11.12.31
Category A-2
Form No. Unnumbered
MOR Ref. X801.6 (Cir. No. 279 dated 04.02.01) (Cir. No. 607 dated 04.30.08, as amended by M-021 dated 06.16.08)
Report Title Certification on Compliance with Anti-Money Laundering Regulations
Frequency Annually
Submission Deadline 20th banking day after end of reference year
Submission Procedure Original and duplicate Appropriate department of the SES SDC [email protected]
APP. 6 11.12.31
A-2
Unnumbered
Report on Microfinance Loans
Monthly
15th banking day after end of the reference month
Control Prooflist A-2 Unnumbered Income Statement on Microfinance Operations (Cir. No. 607 dated 04.30.08, as amended by M-021 dated 06.16.08) Control Prooflist Self-Assesment and Certification of Compliance with X181.5 Rules and Regulations on Bank Protection/Updated (Cir. No. 620 dated 09.03.08) Security Program X192.7 (Revised June 2006 per Cir. No. 533 dated 06.19.06, as amended by Cir. No. 718 dated 04.28.11) Consolidated List of Stockholders and their Stockholdings
-doQuarterly
-do15th banking day after end of the reference quarter
SDC via Fax at (632) 523-3461 or 523-0230 SDC [email protected]
-doAnnually
-doOn or before 30 January
SDC via Fax at (632) 523-3461 or 523-0230 Appropriate department of the SES Original - Appropriate department of the SES
A-2
Unnumbered
A-2
DCB I/II Form 4 (BSP 7-16-11)
Annually/ quarterly when any c h a n g e occurs
12th banking day after end of calendar year and if there are changes, 12th banking day after end of the reference quarter
Category A-2
Form No. BSP-7-16-32 A (Rev. August 2003) Unnumbered
MOR Ref. X192
Report Title Report on Credit and Equity Exposures to Individuals/ Companies/Groups aggregating P1.0 million and above (Bank Proper and Trust Department) Report of Selected Branch Accounts Schedules Selected Balance Sheet Accounts Selected Balance Sheet and Income Statement Accounts Aging of Loans and Receivables - Others Breakdown of Deposit Liabilities Bank Loans-toDeposits Ratio Reconciling Items Outstanding for More than Six (6) Months on the Due From/Due To Head Office, Branches and Agencies Account
Frequency Quarterly
Submission Deadline 15th banking day after end of reference quarter 20th banking day after end of reference semester
Submission Procedure Electronic submission/ diskette - SDC cc: Mail - SDC [email protected].
A-3
X393 (Cir. No. 613 dated 06.18.08, as amended by M-032 dated 10.31.08)
Semestral
A-3
DCB I/II Form 5 (BSP-7-16-07-A)
X331 X409.3
Daily Report on Compliance with Aggregate Ceiling on Direct/Indirect Credit Accommodations to Directors/Officers/Stockholders (DOSRI), Secured and Unsecured Loans Daily Report on Compliance with Ceiling on Outstanding Unsecured Direct and Indirect Credit Accommodations to Directors/Officers/Stockholders (DOSRI) Daily Report on Compliance with Individual Ceilings on Direct/Indirect Credit Accommodations to DOSRI, secured and unsecured loans together with a certification by authorized signatories that no one has exceeded the prescribed individual ceilings
Weekly
4th banking day after end of reference week
Original and duplicateAppropriate department of the SES, as combined report w/ Form 5 above Original and duplicateAppropriate department of the SES, as supporting schedules to Form 5A above Original and duplicateAppropriate department of the SES
A-3
DCB I/II Form 5A X330 (BSP-7-16-07-B) X409.3
Weekly
4th banking day after end of reference week
A-3
SES I/VI Form 5A.1 X330 (BSP-716-07B.1) X409.3
-do-
-do-
APP. 6 11.12.31
Category A-3 A-3
Form No. DCB I/II Form 5B (BSP-7-16-13) DCB I/II Form 5D (BSP-7-16-17)
MOR Ref. X335 X409.3 X334
Report Title Consolidated Report on Compliance With Aggregate Ceiling on Credit Accommodations to DOSRI Report on Compliance with Section 36 of R.A. No. 8791 Transmittal of Board resolution/Written approval on credit Accommodatin to DOSRI in compliance with Sec. 36 R.A. No. 8791
Frequency Semestral As loan to DOSRI is approved
Submission Deadline 15th banking day after end of reference semester 20th banking day after approval of direct or indirect loan granted any director or officer, stockholder (DOSRI)
Submission Procedure -do-do-
APP. 6 11.12.31
A-3
Unnumbered
X328.5 (Cir. No. 560 dated 01.31.07) X342.6 (MAB dated 04.28.03, as amended by M-035 dated 11.19.08 and Cir. No. 625 dated 10.14.08)
Transmittal of Board Resolution/Written Approval On Credit Accommodations to Subsidiaries and/or Affiliates
As loan to subsidiaries and/or affiliates is approved Quarterly
20th banking day after approval
Original and duplicateAppropriate department of the SES
A-3
DCB I/II Form 6
Report on Compliance with Mandatory Credit Allocation Required by R.A. No. 6977 as amended by R.A. Nos. 8289 and 9501 (Solo and Consolidated Reports) Schedules: 1A - Computation of Total Loan Portfolio for Purposes of Determining Amount of Mandatory Credit Allocation for MSMEs 1A-1 - Wholesale Lending of a Bank to Conduit NBFIs w/o QB Authority other than those for On-Lending to MSMEs 1A-2 - Loans Granted under Special Financing Program other than for MSMEs 1A-3 - Loans Granted to MSMEs other than to BMBEs which are Funded by Wholesale Lending of or Rediscounted with Another Bank
cc: Mail/e-mail/Diskette-SDC [email protected]
Appropriate department of the SES;
Category
Form No.
MOR Ref. 1B
Report Title - Details of Eligible Investments for Compliance with the Required Credit Allocation for MSMEs 1B-1 - Loans Granted to MSMEs Other Than to BMBEs which are Funded by Wholesale Lending of or Rediscounted with Another Bank 1B-2 - Wholesale Lending or Rediscounting Facility Granted to Participating Financial Institutions for On-Lending to MSMEs other than to BMBEs 2 - Loans Granted to BMBEs 3 - Reconciliation of Loans granted to MSMEs as Reported Under Schedules 1B,1B-1 and 2 and FRP Balance of Microfinance and SME Loans Control Prooflist, duly notarized and signed by the authorized official
Frequency
Submission Deadline
Quarterly -do-
15th banking day after end of reference quarter -do-
Via Fax at (632) 5233461 or 5230230 Original and duplicateAppropriate department of the SES ID Attachment to Main Report
A-3
DCB I/II Form 2E
X192.12
Statement of Conditon (For subsidiaries/affiliates abroad of domestic banks) with schedules, as follows: 1 2 Analysis of Due to Parent Firm/Bank and/or Other Subsidiaries/Affiliates; and Schedule of Selected Accounts - Classified by Country
Semestral -doQuarterly 15th banking day after end of reference quarter
A-3
DCB I/II Form 3D
X192.12
Statement of Income and Expenses (For subsidiaries affiliates abroad of domestic KBs)
APP. 6 11.12.31
Category A-3
Form No. BSP-7-16-27
MOR Ref. X341.9 (Revised Dec.2004 per MAB dated 09.08.04)
Report Title Consolidated Report on the Utilization of Loanable Funds Generated Which Were Set Aside for Agrarian Reform/Other Agricultural Credits with prescribed schedules to wit: A B Total Collections from Loan Portfolio as of 31 May 1975 Direct Loans to Farmers' Association or Cooperatives for High Value Crop Projects Under Sec. 8 of R.A. 7900 Utilization of the 10% Loanable Funds Generated for Agrarian Reform Credit Utilization of the 15% Loanable Funds Generated for Agricultural Credit Loans Development Loan Incentives Under Sec. 9, R.A. 7721 Report on Compliance with P.D. 717 Under Sec. 11 of R.A. 7835 Report on Loans Granted to BMBEs (Revised per MAB dated 4.28.03)
Frequency Quarterly
Submission Deadline 15th banking day after end of reference quarter
Submission Procedure Original and duplicateSDC Electronic mail at [email protected]/ diskette/hardcopy
APP. 6 11.12.31
C D E F G
Control Prooflist (notarized)
Upon transmission/ submission of main report Quarterly 15th banking day after end of reference quarter
Original - SDC (by fax, if hard copy cannot be submitted on deadline) Original to SDC
A-3
Unnumbered
(CL-050 dated 10.04.07 and CL-059 dated 11.28.07)
Report on Borrowings of BSP Personnel
Category A-3
Form No.
MOR Ref. X192.2 As amended by M-2011064 dated 12.15.11
Report Title Report on Compliance with the Mandatory Agri-Agra Credit Control Prooflist Availments of Financial Assistance to Officers and Employees Under an Approved Plan
Frequency Quarterly
Submission Deadline 15 banking days after end of reference quarter -do15th banking day after the end of reference semester
Submission Procedure cc mail: SDC sdckb-pfrs@bsp. gov.ph -doOriginal and duplicateAppropriate department of the SES
Unnumbered
-doSemestral
DCB I/II Form 6C X339.4 (BSP 7-16-20) (Revised June 2005 per Cir. No. 487 dated 06.03.05) DCB I/II Form 6E (BSP 7-16-16) DCB I/II Form 6F (BSP 7-16-18) X156.2
Report on New Schedule of Banking Days/Hours
As changes occur A f t e r election or appointment and as changes occur
7th banking day before the intended effectivity of the change 7th banking day from the date of the meeting of the board of directors in which the directors/ officers are elected or appointed
Original and duplicate Appropriate department of the SES cc: Mail/Diskette: SDC Appropriate department of the SES
X144 (CL dated 01.09.01, as amended by M-024 dated 07.31.08) MAB dated 09.02.04
Biographical Data of Directors/Officers if sent by electronic mail - Notarized first page of Biographical Data or Notarized list of names of Directors/Officers whose Biographical Data were submitted thru electronic mail to be faxed to SDC If submitted in diskette form - Notarized first page of each of the directors'/officers' bio-data save in diskette and control prooflist Certification under oath of independent directors that he/she is an independent director as defined under Subsec. X141.1 and that all the information thereby supplied are true and correct Verified Statement of Directors/Officers
X143.3 (Cir. No. 513 dated 02.10.06)
A f t e r election or appointment and as changes occur
7th banking day as changes occur or after election/appointment
-do-
APP. 6 11.12.31
Category B
Form No. Unnumbered
MOR Ref.
Report Title List of Members of the Board of Directors and Officers
Frequency Annually
Submission Deadline 25th banking day after annual election/ appointment Not later than ten (10) calendar days from knowledge of crime/ incident and complete report not later than twenty (20) calendar days from termination of investigation Within 72 hours from receipt of report by the BOD Within 30 banking days after every write-off 120th calendar day after the end of reference year or adopted fiscal period 180th calendar day after the close of the calendar/ fiscal year elected by the bank 120th calendar day after the close of the calendar or fiscal year
Submission Procedure Original and duplicateAppropriate department of the SES SDC and SITD
APP. 6 11.12.31
SES Form 6G
X192.4 (As amended by Cir. Nos. 587 dated 10.26.07 486 dated 06.01.05) X143.4
Report on Crimes/Losses
As crimes or incidents occur
Unnumbered (no prescribed form) DCB I/II Form 6H (BSP-7-16-21) Unnumbered
Report on Disqualification of Director/Officer
As disqualification occurs As write-off occurs Annually
Appropriate department of the SES Original and duplicateAppropriate department of the SES Original and duplicateAppropriate department of the SES -do-
X306.5c
Notice/Application for Write-Off of Loans, Other Credit Accommodations, Advances and Other Assets Report on Consolidated Financial Statements of Banks and their Subsidiaries Engaged in Allied Financial Undertakings together with audited financial reports of such subsidiaries Annual Report of Management to Stockholders Covering Results of Operations for the Past Year
X192.10
Unnumbered
X190.6
-do-
Unnumbered
X190
Financial Audit Report - Bank Proper a. Audited Financial Statements1/ b. Opinion of the Auditor Together with attachments listed in Appendix 61
-do-
-do-
Category B
Form No.
MOR Ref. X426.2
Report Title Financial Audit Report - Trust Department a. Audited Financial Statements1/ b. Opinion of the Auditor together with attachments listed in Appendix 61
Frequency -do-
Submission Deadline -do-2/
Submission Procedure -do-
Unnumbered
X190 X190.1
Annual Audit Report 2/ - Bank Proper a. Audited Financial Statements1/ b. Opinion of the Auditor together with attachments listed in Appendix 61
Annually
30th banking day after receipt of the report
Unnumbered
X426.2
Annual Audit Report 2/ - Trust Department a. Audited Financial Statements1/ b. Opinion of the Auditor together with attachments listed in Appendix 61
As examination occurs
-do-3
-do-
Unnumbered
X192.12
Audited Financial Statements of the Foreign Banking Offices and Subsidiaries
Annually
30th banking day from date of submission/ release of said reports to the foreign banking offices and subsidiaries of Philippine banks -do-
Original and DuplicateAppropriate department of the SES
Unnumbered
X192.12
Examination Reports Done by the Foreign Bank Supervisory Authority Report on Change of Required Information on Bank's Profiles, Organizational Structure and Operating Policies
As examination occurs As changes occur
-do-
Unnumbered
X192.3
15th banking day from such change/issuance
-do-
1/ 2/ 3/
Solo and Consolidated basis For banks under the concurrent jurisdiction of the BSP and COA The deadline for filing for the financial reporting period beginning 01 January 2008 with the BSP is hereby extended up to 30 June 2009, in view of the longer time period needed to prepare the AFS due to the adoption of the new accounting standards.
APP. 6 11.12.31
Category B
Form No.
MOR Ref. X192.1
Report Title Report on Designation of Authorized Signatories of Bank's Reports Classified as Category A-1, A-2, A-3 and B
Frequency As designation by bank's board of directors occurs Monthly
Submission Deadline 3rd banking day from date of designation/ and as changes occur
APP. 6 11.12.31
Unnumbered
Unnumbered
X342.2c
Report on Reconciliation Statement of Demand Deposit Account with the BSP Registry Bank Report of Compliance with Prohibition on Holdings of LTNCTDs Certification of Compliance with Section 55.4 of R.A. No. 8791(prohibits banks from employing casual, non-regular personnel) Certification on Funds Borrowed from FCDU/EFCDU
7th banking day from receipt of BSP statement 10th banking day after end of reference month 7th banking day after end of June and Dec. 5th banking day after end of reference month
Original and Duplicate Appropriate department of the SES -doOriginal - Appropriate department of the SES Original and Duplicate Appropriate department of the SES
B B
Unnumbered Unnumbered
X233.9 X262.3
-doSemestral
Unnumbered
X501.3 (Revised Jan. 2003 per Cir. No. 366 dated 01.21.03) X565
Monthly
Unnumbered
Conversion/Transfer of FCDU loans to RBU (A report is not required if no transfers were effected during the month) Waiver of the Confidentiality of Information under Sections 2 and 3 of R.A. No. 1405, as amended Report on Undocumented Repurchase Agreement
Monthly
10th banking day from end of reference month
Appropriate department of the SES -do-
X409.16
As transaction occurs -doWithin 72 hours from knowledge of transaction
Unnumbered
X235.12 (Cir. No. 467 dated 01.10.05)
do-
Category
Form No.
MOR Ref. X235.12 (Cir. No. 467 dated 01.10.05)
Report Title Notarized Certification that the bank did not enter into repurchase agreement covering government securities, commercial papers and other nonnegotiable securities or instruments that are not documented General Information Sheet
Frequency Semestral
Submission Deadline 5th banking day after end of reference semester
SEC Form
(MAB dated 09.02.05)
Annual
30 days from date of annual stockholders' meeting or if changes occur, 7 days from date of change 15th banking day after end of reference quarter -do-
Drop box - SEC Central Receiving Section
(M-005 dated 02.04.08) Form 1 Schedule 1 Cir. No. 649 dated 03.09.09
Disclosure Statement on SPV Transactions Report on
Quarterly
SDC
Report on Electronic Money Transactions Statement of E-Money Balances and Activity Volume of Amount of E-Money Transactions Schedule 1 E - Money Balances
-do-
email at sdckb-emoney@ bsp.gov.ph or hardcopy SDC
DES/ID Reports: A-2 ID Form 5 (CL-024 dated 05.08.08) Report on Bank Liabilities to Non - Residents Monthly 15th banking day after end of reference month -doWithin 5 banking days after end of the reference week -doemail to: International Dept. (ID) [email protected] Hardcopy to ID email to DES @ [email protected]
Banks Certification A-3 Fx Form1 Main Report (Formerly FED Form 1) Rev. 2000, as amended by M-031 dated 10.23.08 Consolidated FX Assets and Liabilities, with the following schedules: 1 Summary of FX Acquisitions and Dispositons
doWeekly
APP. 6 11.12.31
-do-
-do-
Category
Form No.
MOR Ref. 2 3 4 -
Report Title Interbank Transactions FX Acquisition Transaction FX Disposition for Loans
Frequency -do-doWeekly
Submission Deadline -do-doWithin 5 banking days after end of the reference week -do-
Submission Procedure -do-doemail to DES @ [email protected] -do-
APP. 6 11.12.31
Other Current Accounts and Transfers Acquisitions/Dispositions (As amended by CL dated 05.08.03) Investment Acquisition/Disposition Other FX Acquisitions/Dispositions Details of Spot and Forward FX transactions
-do-
6 7 8
-do-doDaily
-do-do2nd banking day after end of reference date Within 5 banking days after end of the reference week -do-
-do-doemail to SDC @ [email protected] or [email protected] email to DES @ [email protected] email to DES @ [email protected] plus hardcopy to ID -doemail to DES @ [email protected] email to SDC @ [email protected] or [email protected]
Export Proceeds
Weekly
10 -
Import L/Cs opened and Records of Goods Imported (RGIS) under DA-OA Import Payments Spot and Financial Derivatives Acquisition/ Disposition FX Position Report
-do-
11 12 13 -
-do-do-do-
-do-do2nd banking day after end of reference week
Category A-3
Form No. BSP-ID Form No.1 S-2008 Unnumbered (Per CL dated 09.05.97)
MOR Ref. (CL-004 dated 01.11.08) X503 (As amended by Cir. No. 445 dated 08.20.04)
Report Title Monthly FX Sales by Authorized Agent Banks (AABs) for Outward Investments Consolidated FX Position Report of Bank's branches/ offices, subsidiaries/affiliates, here and abroad with certification of its CEO and treasurer at month-end
Frequency Monthly
Submission Deadline 5th banking day after end of reference month 3rd banking day after end of reference date
Submission Procedure Original - ID
A-3
Daily
cc: Mail to appropriate department of the SES/ DES/ID & hardcopy to ID
A-3
FX Form 1 Sch. 1 (Formely FED Form I, Sch.16) RS Form 1A (BSP 5-17-30) RS Form 1A (BSP 5-17-33) RS Form 1B (BSP 5-17-30) RS Form 1B (BSP-5-17-27) RS Form 2A (BSP-5-17-33) BSP-5-17-35.A 1192.13
Consolidated Foreign Exchange Assets and Liabilities in Original Currency - RBU & FCDU Report on the Volume and Interest Rates on Loans and Discounts Granted Report on the Volume and Weighted Monthly Average Interest Rate on Savings Deposit Weighted Average Interest Rate on Outstanding Loans and Discounts Daily Report on Volume of Money Market Transactions Report on the Volume of Interest Rates on Deposits
Monthly
15th banking day after end of reference month Not later than 4:00 p.m. Thursday after end of reference week Not later than 2:00 p.m. on the following day after end of reference month -doNot later than 3:00 p.m. on reference day Not later than 4:00 p.m. Thursday after end of reference week Not later than five (5) banking days after end of reference month
cc: Mail to appropriate department of the SES/ DES/ID Original - DES
Weekly
1192.13
Monthly
-do-
B B B
1192.13 1192.13 1192.13
-doDaily Weekly
-doAppropriate department of the SES Original - DES
1192.13
Report on the Volume of and Interest Rates on Credit Line Availments under Short Term Prime Rates
Monthly
Original - DES
APP. 6 11.12.31
Category B B B B
Form No. RS Form 2C (BSP 5-17-36) RS Form 2D (CBP 5-17-34A) RS Form 2E TCRKB.dbf
MOR Ref.
Report Title Weekly Report on Quoted Rates of Dollar Savings and Time Deposits Daily Report on the Volume of and Weighted Average Rates on Promissory Notes issued Daily Report on the Volume of and Weighted Average Rates on Time Deposits Received
Frequency Weekly -doDaily Semestral -doMonthly
Submission Deadline Not later than 2:00 p.m. of every Thursday -doNot later than 4:00 p.m. of the following day 15th banking day after the semester -do15th banking day after end of reference month 30th day from date of bond flotation by Local Government Unit 2nd banking day after end of reference week -do-
Submission Procedure -do-do-doe-mail to [email protected] Fax to DEX (523-7985) In Diskette-format to DES

B
APP. 6 11.12.31
(As amended by CL dated 01.11.06)
Report of Outstanding Loans, Advances, Discounts and Trading Account Securities Control Prooflist for Outstanding Loans and Loans Granted Report on Credits Granted and Outstanding - By Banking Units
Combined BSP 05-17-02 and BSP 05-17-31 Unnumbered X425.3
Post Bond Flotation Report
As transaction occurs Weekly
DES
Unnumbered
(M-019 dated 05.03.08) (M-019 dated 05.03.08)
Report on Non-Deliverable USD/PHP Forward Transactions with Non-Residents Control Prooflist
SDC [email protected] cc: Treasury Dept. [email protected] SDC via Fax at (632) 523-3461 or 523-0230
-do-
Unnumbered
1625.5 (As amended by Cir. No. 591 dated 12.27.07)
Report on Cancellations, Roll-overs and Non-Delivery of FX Forwards Purchase - Sales Contracts and Forward Leg of Swap Contracts1/ (For banks with derivatives license)
Monthly
5th banking day after end of reference month
1/
Excluding cross country swaps
Category
Form No. Unnumbered
MOR Ref. CL-003 dated 01.11.08 CL-003 dated 01.11.08 (CL dated 04.23.03, as amended by Cir. No. 611 dated 05.30.08)
Report Title Report on Sale of Foreign Currency (FC) for Advance Payment of Importations up to $100,000.00
Frequency Monthly
Submission Deadline Within the first 5 banking days of the month succeeding the date of foreign exchange sale Within the first 5 days of the month succeeding the receipt of the refund 2nd banking day from transaction date 2nd banking day from issuance of BSRD 2nd banking day from settlement/completion of required documents 2nd banking day from remittance date (when FX was actually remitted)
Submission Procedure ID @ e-mail address: [email protected]
Unnumbered
Report on Purchase of Foreign Currency (FC) from Refund of Advance Payment of Importations up to $100,000.00 Consolidated Daily Foreign Portfolio Investment Registration and Outward Remittance Report Schedules: Annex 1a - Initial Registration Annex 1b - Changes on Existing Registered Investments Annex 1c - Repatriation
Monthly
SDC at e-mail address: [email protected] [email protected]. ID
IOD Form1
Daily
ID @ [email protected]
Unnumbered
Statement of Remittance Report Part II: Report on Repatriation/FX Remittances Accruing to Registered Foreign Direct Investments Consolidated Report on Loans Granted by FCDUs/ EFCDUs As amended by Cir. No. 591 dated 12.27.07 Report on FX Swaps with Customers1/ where 1st Leg is a Purchase of FX Against Pesos (For banks with derivatives license)
-do-
2nd banking day from transaction date
Hardcopy to ID
IOS Form 4 (BSP 6-22-01) Unnumbered
Monthly
15th banking day after end of reference month 5th banking day after end of reference month
Original - Appropriate department of the SES Duplicate - ID ID at e-mail address: [email protected]. SDC @ e-mail address: [email protected]
-do-
APP. 6 11.12.31
Category B B B
Form No. R-4 R-1 BSP 6-40-04
MOR Ref.
Report Title Report on Foreign Guarantees Securing Loans of Residents from Local Banks and Financial Institutions Report on Guarantees Issued by Local Banks and Financial Institutions in Favor on Non-Residents Statement of Earnings and Expenses
Frequency Monthly Quarterly Semestral
Submission Deadline 15th banking day after end of reference month 15th banking day after end of reference quarter 15th banking day after end of reference semester
Submission Procedure Original - ID Original - ID -do-
APP. 6 11.12.31
Domestic Operation Sector Report DOS Form I (DLC Form G) M-029 dated 08.14.09 Report on Negotiation of Accounts Rediscounted with Banko Sentral Quarterly monthly report for medium and long-term loans Monthly 15th banking day after end of reference month 30th day of the month following the end of the quarter Original - DLC
Quarterly
-do-
Category
Form No.
MOR Ref.
Report Title
Frequency
Submission Deadline
B. TBs
A-1 Unnumbered X191.2 (Cir. No. 512 dated 02.03.06, as amended by M-045 dated 12.14.10, Cir No. 701 dated 12.13.10, M-032 dated 09.27.10 M-021 dated 07.20.10, M-016 dated 06.16.10, Cir. No. 658 dated 06.23.09, M-012 dated 03.14.08, M-011 dated 03.07.08, Cir. No. 600 dated 02.04.08, M-026 dated 09.20.07, M-015 dated 05.28.07, Cir. Financial Reporting Package (FRP) Balance Sheet (FRP): Solo basis (head office and branches) Consolidated basis (together with applicable schedules)2/ Monthly Quarterly 15th banking day after end of reference month 30th banking day after end of reference quarter Diskette/CD/e-mail to SDC1/ [email protected] -do-
Income Statement (FRP): Solo basis (head office and branches) Consolidated basis (together with applicable schedules)2/ -do-do15th banking day after end of reference quarter 30th banking day after end of reference quarter 15 banking day after end of the reference month -do-do-do-do-
Schedules (Solo Report): 1 2 3 Checks and Other Cash Items (COCI)
Monthly -do-
-do-do-do-
Due from Other Banks Financial Assets Held for Trading
-do-
APP. 6 11.12.31
1/
2/
Category
Form No.
MOR Ref. No. 568 dated 05.08.07, M-006 dated 07.07.06 and MAB dated 03.07.06) 3a -
Report Title Breakdown of Held for Trading (HFT) Financial Assets Purchased/Sold/Lent under Repurchase Agreements, Certificates of Assignment/Participation with Recourse, Securities Lending and Borrowing Agreements Derivatives Held for Trading (HFT) Derivatives Held for Trading - Matrix of Counterparty and Type of Derivative Contracts Financial Assets Designated at Fair Value through Profit or Loss Available-for-Sale Financial Assets Breakdown of Available for Sale Financial Assets Purchased/Sold/Lent Under Repurchase Agreements, Certificates of Assignment/Participation with Recourse, Securities Lending and Borrowing Agreements Available-for-Sale Financial Assets Classified as to Status Available-for-Sale Financial Assets Movements in Allowances for Credit Losses Held to Maturity (HTM) Financial Assets
Frequency Quarterly
Submission Deadline 15 banking day after end of the reference quarter
APP. 6 11.12.31
4 4a
-doMonthly
-do15th banking day after end of the reference month -do-do15th banking day after end of the reference quarter
-do-do-
5 6 6a
-do-doQuarterly
-do-do-do-
6b to 6b3 6c to 6c3 7 -
-doAnnually
-do15th banking day after end of the reference year 15th banking day after end of the reference month
-do-do-
Monthly
-do-
1/
Category
Form No.
MOR Ref. 7a -
Report Title Breakdown of Held to Maturity Financial Assets Purchase/Sold/Lent Under Repurchase Agreements, Certificates of Assignment Participation with Recourse, Securities Lending and Borrowing Agreements Fair Value of Held to Maturity (HTM) Financial Assets Held to Maturity Financial Assets Classified as to Status Held to Maturity Financial Assets Movements in Allowances for Credit Losses Unquoted Debt Securites Classified as Loans Fair Value of Unquoted Debt Securities Classified as Loans Unquoted Debt Securities Classified as Loans Classified as to Status Unquoted Debt Securities Classified as Loans-Movements in Allowances for Credit Losses Investment in Non-Marketable Equity Securities Interbank Loans Receivables
Frequency Quarterly
Submission Deadline 15th banking day after end of the reference quarter

1/
7b
Annually Quarterly Annually
15th banking day after end of the reference year 15th banking day after end of the reference quarter 15th banking day after end of the reference year 15th banking day after end of the reference month 15th banking day after end of the reference year 15th banking day after end of the reference quarter 15th banking day after end of the reference year 15th banking day after end of the reference month -do-
-do-do-do-
7c to 7c3 7d to 7d3 8 8a -
Monthly Annually Quarterly Annually
-do-do-do-do-
8b to 8b3 8c to 8c3 9 10 -
Monthly -do-
-do-do-
APP. 6 11.12.31
Category
Form No.
MOR Ref. 11 11a to 11a3 11b to 11b3 11c to 11c3 11d to 11d3 11e to 11e3 11f -
Report Title Loans and Receivables - Others Loans and Receivables - Others Classified as to Status Restructured Loans and Receivables Classified as to Status Loans and Receivables - Others Movements in Allowances for Credit Losses Gross Loans and Receivables - Others Classified as to Type of Business/Industry of Counterparty Loans and Receivables - Others Classified as to Status per PAS 39 Schedule of Agri/Agra SME, DIL and Microfinance Loans and Receivables Under Sched 11 Classified as to Counterparty Real Estate Exposure Investment in Debt and Equity Securities Issued by Real Estate Companies Original Maturity and Earliest Repricing of Real Estate Exposure
Frequency -doMonthly -doQuarterly
Submission Deadline -do15th banking day after end of the reference month -do15th banking day after end of the reference quarter 15th banking day after end of the reference month 15th banking day after end of the reference year 15th banking day after end of the reference month
Submission Procedure -doDiskette/CD/e-mail to SDC1/ [email protected] -do-do-
APP. 6 11.12.31
Monthly
-do-
Annually Monthly
-do-do-
11g1 11g2 11g3
Quarterly -do-do-
15th banking day after end of the reference quarter -do-do-
-do-do-do-
1/
Category
Form No.
MOR Ref. 12 -
Report Title Loans and Receivables Arising from Repurchase Agreements, Certificates of Assignment/Participation with Recourse and Securities Lending and Borrowing Transactions Loans and Receivables Arising from Repurchase Agreements, Certificates of Assignment/Participation with Recourse and Securities Lending and Borrowing Transactions-Matrix of Counterparty and Issuer of Collateral Securities Fair Value Adjustments in Hedge Accounting Derivatives Held for Fair Value Hedge Derivatives Held for Cash Flow Hedge Derivatives Held for Hedges of Net Investment in Foreign Operations Derivatives Held for Portfolio Hedge of Interest Rate Risk (Marked to Market Amount) Accrued Interest Income/Expenses from Financial Assets and Liabilities Equity Investment in Subsidiaries, Associates and Joint Ventures
Frequency Monthly
Submission Deadline 15th banking day after end of the reference month

1/
12a to 12a3
Quarterly
15th banking day after end of the reference quarter
-do-
13 13a 13b 13c 13d
-do-do-do-do-do-
-do-do-do-do-do-
-do-do-do-do-do-
14 15
-doMonthly
-do15th banking day after end of the reference month
-do-do-
APP. 6 11.12.31
Category
Form No.
MOR Ref. 15a -
Report Title Equity Investment in Subsidiaries, Associates and Joint Ventures - Classified as to Nature of Business Details of Equity Investment in Subsidiaries, Associates and Joint Ventures Bank Premises, Furniture, Fixture and Equipment Real and Other Properties Acquired/ Non-Current Assets Held for Sale Aging of ROPA and NCAHS Accounts Movement in ROPA and NCAHS Accounts Schedule of Tax Assets and Liabilities Other Assets Breakdown of Due from and Due to Head Office/Branches/Agencies Abroad Philippine Branch of a Foreign Bank Liability for Short Position Deposit Liabilities Classified as to Type of Deposit
Frequency Quarterly
Submission Deadline 15th banking day after end of the reference quarter -do-do-do15th banking day after end of the reference year -do-do15th banking day after end of the reference month -do-
Submission Procedure Diskette/CD/e-mail to SDC1/ [email protected] -do-do-do-do-do-do-do-do-
APP. 6 11.12.31
15b 16 17 -
-do-do-doAnnually -do-doMonthly -do-
17a 17b 18 19 20 -
21 22
Quarterly Monthly
15th banking day after end of the reference quarter 15th banking day after end of the reference month
-do-do-
1/
Category
Form No.
MOR Ref. 22a -
Report Title Deposit Liabilities by Size of Accounts Excluding Deposits in Foreign Offices Branches Due to Other Banks
Frequency Quarterly
Submission Deadline 15th banking day after end of the reference quarter 15th banking day after end of the reference month 15th banking day after end of the reference month 15th banking day after end of the reference quarter 15th banking day after end of the reference year 15th baking day after end of the reference quarter 15th banking day after end of the reference month 15th banking day after end of the reference quarter -do-do-

1/
23 24 25 26 27 28 29 29a 29b
Monthly Monthly Quarterly Annually Quarterly Monthly Quarterly -do-do-
- Bills Payable - Bonds Payable, Unsecured Subordinated Debt and Redeemable Preferred Shares - Fair Value of Financial Liabilities - Financial Liabilities Associated with Transferred Assets - Other Liabilities - Interest Income/Expense from Financial Instruments - Interest Income from Due from Other Banks Classified as to Type of Deposits - Interest Income from Held for Trading, Designated at FVPL, Available for Sale, Held to Maturity Financial Assets and UDSCL - Interest Income from Interbank Loans Receivables
29c
-do-
-do-
-do-
APP. 6 11.12.31
Category
Form No.
MOR Ref.
Report Title 29d to- Interest Income from Loans and Receivables 29d4 Others - Classified as to Status 29e Interest Income from Loans and Receivables Arising from Repurchase Agreements, Certificates of Assignment/Participation with Recourse and Securities Lending and Borrowing Transactions Interest Expense on Deposit Liabilities - Classified as to Type of Deposit Interest Expense on Bills Payable Interest Expense on Bonds Payable, Unsecured Subordinated Debt and Redeemable Preferred Shares Dividend Income Gains/(Loss) on Financial Assets and Liabilities Held for Trading Gains/(Losses) from Sale/Redemption/ Derecognition of Non-Trading Financial Assets and Liabilities Compensation/Fringe Benefits Other Administrative Expenses Depreciation/Amortization Expense Impairment Loss
Submission Deadline 15th banking day after end of the reference quarter -do-

1/
APP. 6 11.12.31
30a 30b 30c -
-do-do-do-
-do-do-do-
-do-do-do-
31 32 33
-do-do-do-
-do-do-do-
-do-do-do-
34 35 36 37
-do-do-do-do-
-do-do-do-do-
-do-do-do-do-
Category
Form No.
MOR Ref. 38 -
Report Title Off-Balance Sheet
Submission Deadline 15th banking day after end of the reference quarter -do-do-

1/
38a - Compliance with Section X347 39 - Residual Maturity Performing Financial Assets and and Financial Liabilities 39a 40 - Repricing- Performing Financial Assets and and Financial Liabilities 40a 41 - Investment in Debt Instruments Issued by LGUs and Loans Granted to LGUs 42 - Disclosure of Due From FCDU/RBU and Due to FCDU/RBU Schedules (Consolidated Report): 1 2 3 - Checks and Other Cash Items - Due from Other Banks - Financial Assets Held for Trading
-do-
-do-
-do-
-do-do-do-do-do-do-do-
-do-do30th banking day after end of the reference quarter -do-do-do-do-
3a - Held for Trading (HFT) Financial Assets Purchased/Sold/Lent Under Repurchase Agreements, Certificates of Assignment Participation with Recourse, Securities Lending and Borrowing Agreements
APP. 6 11.12.31
Category
Form No.
MOR Ref. 4
Report Title - Derivatives Held for Trading (HFT)
Submission Procedure Diskette/CD/e-mail to SDC1/ [email protected] -do-do-do-do-

1/
APP. 6 11.12.31
4a - Derivatives Held for Trading-Matrix of Counterparty and Type of Derivative Contracts 5 6 - Financial Assets Designated at Fair Value through Profit or Loss Available-for-Sale Financial Assets Breakdown of Available for Sale Financial Assets Purchased/Sold/Lent Under Repurchase Agreements, Certificates of Assignment/Participation with Recourse, Securities Lending and Borrowing Agreements Available-for-Sale Financial Assets-Classified as to Status Held to Maturity (HTM) Financial Asset Breakdown of Held to Maturity Financial Assets Purchased/Sold/Lent Under Repurchase Agreements, Certificates of Assignment/ Participation with Recourse, Securities Lending and Borrowing Agreements Held to Maturity Financial Assets Classified as to Status Held to Maturity Financial Assets Movements in allowances for Credit Losses
6a -
6b 7 -
-do-do-do-
-do-do-do-
-do-do-do-
7a -
7c 7d -
-doAnnually
-do30th banking day after end of the reference year
-do-do-
Category
Form No.
MOR Ref. 8 8a -
Report Title Unquoted Debt Securities Classified as Loans Fair Value of Unquoted Debt Securities Classified as to Status Unquoted Debt Securities Classified as Loans Classified as to Status Unquoted Debt Securities Classified as Loans Movements in allowances for Credit Losses Investment in Non-Marketable Equity Securities Interbank Loans Receivables Loans and Receivables - Others Loans and Receivables - Others Classified as to Status Restructured Loans and Receivable Classified as to Status Loans and Receivables - Others Movements in Allowances for Credit Losses Gross Loans and Receivables - Others Classified as to Type of Business/Industry of Counterparty Loans and Receivables - Others Classified as to Status per PAS 39
Frequency Quarterly Annually Quarterly Annually Quarterly -do-do-do-do-do-do-
Submission Deadline 30th banking day after end of the reference quarter 30th banking day after end of the reference year 30th banking day after end of the reference quarter 30th banking day after end of the reference year 30th banking day after end of the reference quarter -do-do-do-do-do-do-
Submission Procedure Diskette/CD/e-mail to SDC1/ [email protected] -do-do-do-do-do-do-do-do-do-do-

1/
8b 8c 9 10 11
11a 11b 11c 11d -
11e -
Annually
30th banking day after end of the reference year
-do-
APP. 6 11.12.31
Category
Form No.
MOR Ref. 11f -
Report Title Schedule of Agri/Agra SME, DIL and Microfinance Loans and Receivables Under Sched 11 Classified as to Counterparty
Frequency Quarterly
APP. 6 11.12.31
11g1 - Report on Real Estate Exposure 11g2 - Investment in Debt and Equity Securities issued by Real Estate Companies 11g3 - Original Maturity and Earliest repricing of the Real Estate Exposure 12 - Loans and Receivables Arising from Repurchase Agreements, Certificates of Assignment/Participation with Recourse and Securities Lending and Borrowing Transactions - By Counteerparty - Loans and Receivables Arising from Repurchase Agreements, Certificates of Assignment/Participation with Recourse and Securities Lending and Borrowing Transactions Matrix of Counterparty and Issuer of Collateral Securities - Fair Value Adjustments in Hedge Accounting - Derivatives Held for Fair Value Hedge - Derivatives Held for Cash Flow Hedge
-do-do-do-do-
-do-do-do-do-
-do-do-do-do-
12a
-do-
-do-
-do-
13 13a 13b
-do-do-do-
-do-do-do-
-do-do-do-
1/
Category
Form No.
MOR Ref.
Report Title 13c - Derivatives Held for Hedges of Net Investment in Foreign Operations 13d - Derivatives held for Portfolio Hedge of Interest Rate Risk (Marked to Market Amount) 14 15 - Accrued Interest Income/Expense from Financial Assets and Liabilities - Equity Investment in Subsidiaries, Associates and Joint Ventures
Frequency Quarterly -do-do-do-
Submission Deadline 30th banking day after end of the reference quarter -do-do-do-
Submission Procedure Diskette/CD/e-mail to SDC1/ [email protected] -do-do-do-

1/
15a - Equity Investment in Subsidiaries, Associates and Joint Ventures - Classified as to Nature of Business 15b - Details of Equiity Investment in Subsidiaries, Associates and Joint Ventures 16 17 - Bank Premises, Furniture, Fixture and Equipment - Real and Other Properties Acquired/ Non-Current Assets Held for Sale Aging of ROPA and NCAHS Accounts Movement in ROPA and NCAHS Accounts
-do-do-do-doAnnually -do-do-
-do-do-do-do30th banking day after end of the reference year -do-do-
-do-do-do-do-
17a 17b 18
-do-do-do-
- Schedule of Tax Assets and Liabilities
APP. 6 11.12.31
Category
Form No.
MOR Ref. 19 20
Report Title - Other Assets - Breakdown of Due from and Due to Head Office/Branches/Agencies Abroad - Philippine Branch of a Foreign Bank - Liability for Short Position - Deposit Liabilities Classified as to Type of Deposit

1/
APP. 6 11.12.31
21 22
-do-do-do-
-do-do-do-
-do-do-do-
22a - Deposit Liabilities by Size of Accounts Excluding Deposits in Foreign Offices/ Branches 23 24 25 26 27 28 29 - Due to Other Banks - Bills Payable - Bonds Payable, Unsecured Subordinated Debt and Redeemable Preferred Shares - Fair Value of Financial Liabilities - Financial Liabilities Associated with Transferred Assets - Other Liabilities - Interest Income/Expense from Financial Instruments
-do-do-doAnnually Quarterly -do-do-
-do-do-do30th banking day after end of the reference year 30th banking day after end of the reference quarter -do-do-
Category
Form No.
MOR Ref.
Report Title 29a - Interest Income from Due from Other Banks Classified as to Type of Deposits 29b - Interest Income from Held for Trading, Designated at FVPL, Available-for-Sale, Held to Maturity Financial Assets and Unquoted Debt Securities Classified as Loans 29c - Interest Income from Interbank Loans Receivables 29d - Interest Income from Loans and Receivables Others - Classified as to Status 29e - Interest Income from Loans and Receivables Arising from Repurchase Agreements, Certificates of Assignment/Participation with Recourse and Securities Lending and Borrowing transactions 30a - Interest Expense on Deposit Liabilities Classified as to Type of Deposit 30b - Interest Expense on Bills Payable

1/
-do-do-do-
-do-do-do-
-do-do-do-
-do-do-do-
-do-do-do-
-do-do-do-
30c - Interest Expense on Bonds Payable, Unsecured Subordinated Debt and Redeemable Preferred Shares 31 32 - Dividend Income - Gains/(Loss) on Financial Assets and Liabilities Held for Trading
-do-do-
-do-do-
-do-do-
APP. 6 11.12.31
Category
Form No.
MOR Ref. 33
Report Title - Gains/(Losses) from Sale/Redemption/ Derecognition of Non-Trading Financial Assets and Liabilities - Compensation/Fringe Benefits - Other Administrative Expenses - Depreciation/Amortization Expense - Impairment Loss - Off-Balance Sheet
Frequency Quarterly
Submission Deadline 30th banking day after end of the reference quarter -do-do-do-do-do-do-do-do-do-do6th banking day after end of week
Submission Procedure Diskette/CD/e-mail to SDC1/ [email protected] -do-do-do-do-do-do-do-do-do-doBy electronic mail to SDC

1/
APP. 6 11.12.31
34 35 36 37 38
-do-do-do-do-do-do-do-do-do-doWeekly
38a - Compliance with Section X347 39 40 41 42 A-2 TB Form 1 X116.3 X105.5 X258 - Residual Maturity Performing Financial Assets and Financial Liabilities - Repricing - Performing Financial Assets and Financial Liabilities - Investment in Debt Instruments Issued by LGUs and Loans Granted to LGUs - Disclosure of Due from FCDU/RBU and Due to FCDU/RBU
Consolidated Daily Report of Condition (CDRC)
Category
Form No.
MOR Ref.
Report Title Control Prooflist on the contents of the data sent via electronic mail, with certification and signature of the authorized officer of the bank Control Prooflist, together with the cover page of the report
Frequency Weekly
Submission Deadline Immediately after the bank has received the acknowledgment receipt from the BSP 6th banking day after end of reference week 6th banking day after end of week Every Thursday
Submission Procedure SDC via facsimile at Fax No. (02) 523-3461 or hard copy via postal/ messengerial services Appropriate department of the SES By electronic mail to SDC -do-
-do-do-do-
A-2
TB Form 1 Schedule Unnumbered
Weekly Inventory List of Govt. Securities Held - On a Daily Basis Weekly Inventory List of Government Securities Held Set Aside for the Intra-Day Liquidity Facility from Week Starting Monday to Friday Schedule of Other Non-Risk Assets
A-2
TB Form 1 Schedule 1B Unnumbered X116.5 (As amended by , Cir. Nos. 503 dated 12.22.05 and 475 dated 02.14.05) X118 (Cir. 688 dated 05.26.10 and M-10-14 dated 06.15.10
Monthly
6th banking day after end of week wherein month-end falls
Appropriate department of the SES & SDC
A-1
Computation of the Adjusted Risk-Based Capital Adequacy Ratio Covering Combined Credit Risks (for stand alone TBs) Solo basis (head office and branches) Quarterly 15th banking day after end of reference quarter 30th banking day after end of reference quarter Original copy to appropriate department of the SES -do-
Consolidated basis (parent bank plus subsidiary financial allied undertakings, but excluding insurance companies)
-do-
APP. 6 11.12.31
1/
For TBs which are subsidiaries of UBs and KBs.
Category A-1
Form No. Unnumbered
MOR Ref. X116 (Cir. No. 574 dated 07.10.07, as amended by M-014 dated 06.15.10)
Report Title Computation of the Adjusted Risk-Based Capital Adequacy Ratio Covering Combined Credit Risks, Market Risk and Operational Risk1/ Solo basis (Head office and branches) Consolidated basis (parent bank plus subsidiary financial allied undertakings, but excluding insurance companies)
Frequency
Submission Deadline
APP. 6 11.12.31
Quarterly -do-
15th banking day after end of reference quarter 30th banking day after end of reference quarter 15th banking day after the end of the reference month
Original copy to SDC -do-
A-1
Unnumbered
X611.5 (Cir. No. 594 dated 01.08.08, as amended by M-009 dated 02.27.08)
Derivatives Report Schedules: Report on Outstanding Derivatives Contracts (Stand - Alone - RBU, Stand - Alone - FCDU, Hybrid) Report on Trading Gains/(Losses) on Financial Derivatives
Monthly
CMSG cc: SDC [email protected] [email protected]
Certification (Hard Copy) A-1 Unnumbered X191.3 X388.5 (As amended by Cir. No. 708 dated 01.10.11, 733 dated 05.08.11 and M-048 dated 08.26.11) Supplementary Report on Early Adoption of PFRS 9: Report on Financial Assets Designated/Mandatorily Measured at Fair value Through Profit or Loss
-do-do-
-do-do-
Receiving Section, SES cc mail: SDC sdctb-pfrs@bsp. gov.ph
Category A-1
Form No. Unnumbered
MOR Ref. X191.3 X388.5 (As amended by Cir. No. 708 dated 01.10.11, 733 dated 05.08.11 and M-048 dated 08.26.11)
Report Title Reports Relative to the Early Adoption of PFRS 9
Frequency One-time
Submission Deadline 15th banking day after end of reference month of date of implementation (2011 early adopters) or 15th banking day after end of reference month of initital application of PFRS 9 (2012 early adopters) 30th banking day after the date of election
A-2
Unnumbered (no prescribed form)
X141.9
Acknowledgement receipt of copies of specific duties and reponsibilities of the board of directors and of a director and certification that they fully understand the same TBs with resources of P1.0 billion and above
Annually or as directors are elected
Receiving Section, SES
A-2
Form 2B/2B.1
X192.9 (Cir. No. 576 dated 08.08.07 and M-030 dated 10.04.07)
Balance Sheet/Consolidated Balance Sheet Control Prooflist duly notarized and signed by the authorized official of the reporting bank Published Balance Sheet/Consolidated Balance Sheet (together with the publisher's certificate) TBs with resources of less than P1.0 billion
Quarterly -do-do-
12th banking day from the date of the Call Letter -do20th banking day from the date of the Call Letter
Diskette/CD/e-mail to SDC [email protected] Fax to 523-3461 or 5230230 Fax to 523-3461 or 5230230 or via postal/ messengerial services to SDC
APP. 6 11.12.31
Category A-2
Form No. Form 2B/2B.1
MOR Ref. Cir. No. 576 dated 08.08.07 and M-030 dated 10.04.07
Report Title Balance Sheet/Consolidated Balance Sheet
Frequency -do-
Submission Procedure Diskette/CD/e-mail to SDC [email protected] hard copy to SDC Fax to 523-3461 or 523-0230 or via postal/ messengerial services to SDC -do-
APP. 6 11.12.31
Control Prooflist duly notarized and signed by the authorized official of the reporting bank
-do-
Published/Posted Balance Sheet/Consolidated Balance Sheet (together with publisher's certificate, if applicable) A-2 Unnumbered X425.2 (Cir. No. 609 dated 05.26.08, as amended by Cir. No. 641 dated 01.22.09 and M-022 dated 06.26.08) Financial Reporting Package for Trust Institutions Schedules: Balance Sheet A1 to A2 Main Report B to B2 Details of Investments in Debt and Equity Securities C to C2 Details of Loans and Receivables D to D2 Wealth/Asset/Fund Management UITF E Other fiduciary Accounts E1 to E1b Other Fiduciary Services - UITF Income Statement Control Prooflist
-do-
-do-
-do-
-do-
SDC [email protected]
Quarterly
20th banking day after the end of reference quarter
SDC
Category A-2
Form No. Unnumbered
MOR Ref. Cir. No. 607 dated 04.30.08, as amended by M-021 dated 06.16.08 Cir. No. 607 dated 04.30.08, as amended by M-021 dated 06.16.08 X181.5 (Cir. No. 620 dated 09.03.08) X405.9
Report Title Report on Microfinance Loans
Frequency Monthly
Submission Deadline 15th banking day after the end of reference month
A-2
Unnumbered
Income Statement on Microfinance Operations
Quarterly
15th banking day after end of the reference quarter
-do-
A-2
Unnumbered
Self-Assesment and Certification of Compliance with Rules and Regulations on Bank Protection/Updated Security Program Report on Peso-Denominated Common Trust Funds and Other Similarly Managed Funds (for TBs engaged in Trust and Other Fiduciary Business, and submitting TB Form 1 in diskette form) Control Prooflist
Annually
On or before 30 January
Appropriate department of the SES SDC Appropriate department of the SES Fax - SDC
A-2
TB Form 20A
Weekly
3rd banking day after end of reference week
Immediately after receipt of BSP acknowledgment receipt Weekly -do3rd banking day after end of reference week -do-
Control Prooflist, together with the cover page of the report A-2 TB Form 20B Report on Trust and Other Fiduciary Accounts (TOFA) - Others Control Prooflist
SDC SDC Appropriate department of the SES Fax - SDC
Immediately after receipt of BSP acknowlegment receipt
APP. 6 11.12.31
Category
Form No.
MOR Ref.
Report Title Control Prooflist, together with the cover page of the report
Frequency -doAnnually/ Quarterly when any change ocurs Quarterly
Submission Deadline 3rd banking day after end of reference week 12th banking day after end of reference year and if there are changes, 12th banking day after end of reference quarter 15th banking day after end of reference quarter 20th banking day after end of reference semester SDC
APP. 6 11.12.31
A-2
TB Form 7 (BSP 7-16-11)
X192.7 (Cir. No. 533 dated 06.19.06, as amended by Cir. No. 718 dated 04.26.11) X192
Consolidated List of Stockholders and their Stockholdings
A-2
BSP-7-16-32 A (Rev. August 2003) Unnumbered
Report on Credit and Equity Exposures to Individuals/Companies/Groups aggregating P1.0 million and above (Bank Proper and Trust Department) Report of Selected Branch Accounts Schedules: Selected Balance Sheet Accounts Selected Balance Sheet and Income Statement Accounts Aging of Loans and Receivables - Others Breakdown of Deposit Liabilities Bank Loans-to-Deposits Ratio Reconciling Items Outstanding for More than Six (6) Months on the Due From/Due to Head Office, Branches and Agencies Account
Electronic submission/ diskette - SDC SDC [email protected]
A-3
X393 (Cir. No. 613 dated 06.18.08, as amended by M-032 dated 10.31.08)
Semestral
A-3
TB Form 8
X335 X409.3
Consolidated Report on Compliance with Aggregate Ceiling on Credit Accommodations to Directors/ Officers/Stockholders/Related Interest
Quarterly
Appropriate department of the SES
Category A-3
Form No. TB Form 9 Page 1 TB Form 9 Page 2
MOR Ref. X335 X409.3 X338.3 X339.4 (Revised June 2005 per Cir. No. 487 dated 06.03.05) X342.6 (As amended by M-035 dated 11.19.08 Cir. No. 625 dated 10.14.08, and MAB dated 04.28.03)
Report Title Consolidated Report on Compliance with Individual Ceiling on Direct Credit Accommodations to Directors/Officers/Stockholders/Related Interest Availments of Financial Assistance to Officers and Employees under Bangko Sentral Approved Plan
Frequency Semestral
Submission Deadline 15th banking day after end of reference semester 15th banking day after end of reference semester
A-3
Semestral
-do-
A-3
TB Form 11
Report on Compliance with Mandatory Credit Allocation Required under R.A. No. 6977 (As amended by R.A. Nos. 8289 and 9501) Schedules: 1A Computation of Total Loan Portfolio for Purposes of Determining Amount of Mandatory Credit Allocation for MSMEs Wholesale Lending of a Bank to Conduit NBFIs w/o QB Authority Other Than Those for On-Lending to MSMEs Loans Granted Under Special Financing Program Other Than for MSMEs Loans Granted to MSMEs Other Than to BMBEs Which are Funded by Wholesale Lending of or Rediscounted with Another Bank
Quarterly
By electronic mail to SDC [email protected]
-do-
-do-
-do-
1A-1 -
-do-
-do-
-do-
1A-2 1A-3 -
Quarterly -do-
15th banking day after end of reference quarter -do-
By electronic mail to SDC [email protected] -do-
APP. 6 11.12.31
Category
Form No.
MOR Ref.
Report Title
Frequency
Submission Deadline
APP. 6 11.12.31
1B
1B-1 -
Details of Eligible Investments for Compliance with the Required Credit Allocation for MSMEs Loans Granted to MSMEs Other Than to BMBEs Which are Funded by Wholesale Lending of or Rediscounted with Another Bank Wholesale Lending or Rediscounting Facility Granted to Participating Financial Institutions for On-Lending to MSMEs other than to BMBEs Loans Granted to BMBEs Reconciliation of Loans Granted to MSMEs as Reported Under Schedules 1B, 1B-1 and 2 and FRP Balance of Microfinance and SME Loans
-do-do-
-do-do-
-do-do-
1B-2 -
-do-
-do-
-do-
2 3
-do-do-
-do-do-
-do-do-
Control Prooflist A-3 Unnumbered X192 (CL-050 dated 10.04.07 CL-059 dated 11.28.07) X192.2 As amended by M-2011064 dated 12.15.11 Report on Borrowings of BSP Personnel
-do Quarterly
-do15th banking day after end of reference quarter
SDC Original to SDC
A-3
Unnumbered
Report on Compliance with the Mandatory Agri-Agra Credit Control Prooflist
Quarterly
15 banking days after end of reference quarter -do-
cc mail: SDC sdctb-pfrs@bsp. gov.ph -do-
-do-
Category B
Form No. TB Form 15
MOR Ref. X192 (Revised August 2003 per CL dated 08.06.03)
Report Title Report on Credit and Equity Exposures to Individuals/ Groups/Companies Aggregating P1M and above
Frequency -do-
Submission Deadline -do15th banking day after end of reference quarter
Control Prooflist, notarized and signed by the authorized officer of the bank B Q06-TB X192.6 Report on Reconciling Items Outstanding for More than Six Months in the "Due from/Due to Head Office, Branches and Agencies" accounts (by Banking Unit) Financial Audit Report - Bank Proper a. b. Audited Financial Statements1/ Opinion of the Auditor together with attachments listed in Appendix 61
-do-do-
-do30th banking day after end of reference quarter 120th calendar day after the close of the calendar or fiscal year
-doSDC Appropriate department of the SES Original and duplicate Appropriate department of the SES
Unnumbered
X190 X426.2
Annually
Financial Audit Report - Trust Department a. b. B Unnumbered X190 Audited Financial Statements1/ Opinion of the Auditor together with attachments listed in Appendix 61
-do-
-do-
-do-
Annual Audit Report2/ - Bank Proper
-do-
30th banking day after receipt of the report
-do-
APP. 6 11.12.31
1/
The deadline for filing the AFS of trust institutions for the financial reporting period beginning 01 January 2008 with the BSP is hereby extended up to 30 June 2009, in view of the longer time period needed to prepare the AFS due to adoption of the new accounting standards
Category B
Form No. Unnumbered
MOR Ref. a. b. X426.2
Report Title Audited Financial Statements1/ Opinion of the Auditior together with attachments listed in Appendix 61
Frequency -do-do-
Submission Deadline -do-do-
APP. 6 11.12.31
Annual Audit Report2/ - Trust Department a. b. Audited Financial Statements Opinion of the Auditor together with attachments listed in Appendix 61 -do-doAs transaction occurs -do-do10th banking day from the occurrence of the transaction -do-doOriginal and duplicate Anti-Money Laundering Council (AMLC)
A-2
Unnumbered
X807 (Revised May 2002, as amended by Cir. No. 612 dated 06.03.08) X801.5 (Revised May 2002, as amended by Cir. No. 612 dated 06.03.08) X801.6 (Cir. No. 279 dated 04.02.01)
Report on Suspicious Transactions
A-2
Unnumbered
Covered Transaction Report
-do-
-do-
-do-
A-2
Unnumbered
Certificate on Compliance with Anti-Money Laundering Regulations
Annually
20th banking day after end of reference year
Original and duplicate Appropriate department of the SES
1/ 2/
Solo and consolidated basis for banks under the current jurisdiction of the BSP and COA
Category B
Form No. Unnumbered Unnumbered
MOR Ref. X262.3 X501.3 (Revised January 2003 per Cir. No 366 dated 01.21.03) X235.12 (Cir. No. 467 dated 01.10.05) X235.12 (Cir. No. 467 dated 01.10.05) (MAB dated 09.02.05) X334
Report Title Certification of Compliance with Secton 55.4 of R.A. No. 8791 Certification on Funds Borrowed from FCDU/EFCDU
Frequency Semestral Monthly
Submission Deadline 7th banking day after end of June and December 5th banking day from end of reference month
Unnumbered
Report on Undocumented Repurchase Agreements
As transaction occurs
Within 72 hours from knowledge of transaction
Unnumbered
Notarized Cerification that the bank did not enter into Repurchase Agreement covering Government Securities, Commercial Papers and Other Negotiable securities or instruments that are not documented. General Information Sheet
Semestral
5th banking day after end of the reference semester 30 days from date of annual stockholders' meeting 20th banking day from date of approval of the directors
-do-
SEC Form
Annually
Drop box - SEC Central Receiving Section Appropriate department of the SES
SES II Form 10
Transmittal of Board Resolution/Written Approval on Credit Accommodations to DOSRI in Compliance with Sec. 36, R.A. No. 8791, as amended
As any direct or indirect loan to any DOSRI is approved
APP. 6 11.12.31
Category B
Form No. Unnumbered
MOR Ref. X328.5 (Cir. No. 560 dated 01.31.07) X156.2 X144 (As amended by M-024 dated 07.31.08)
Report Title Transmittal of Board Resolution/Written Approval on Credit Accommodations to Subsidiaries and/or Affiliates in Compliance with Subsec. X328.5
Frequency As loan to subsidiaries and/or affiliates is approved As changes occur After election or appointment and as changes occur
Submission Deadline 20th banking day from date of approval of the directors
Submission Procedure Original and duplicate Appropriate department of the SES
APP. 6 11.12.31
B B
SES II Form 14 (NP04-TB) SES II Form 15 (NP08-TB)
New Schedule of Banking Days/Hours Biographical Data of Directors/Officers If submitted in diskette form - Notarized first page of each of the directors'/officers' bio-data saved in diskette and control prooflist If sent by electronic mail - Notarized first page of Biographical Data or Notarized list of names of Directors/Officers whose Biographical Data were submitted thru electronic mail to be faxed to SDC Certification under oath of independent directors that he/she is an independent director as defined under Subsec. X141.10 and that all the information thereby supplied are true and correct Verified statement of director/officer that he/she has all the aforesaid qualifications and none of the disqualifications Report on Crimes and Losses
7th banking day prior to effectivity of the change 7th banking day from the date of the meeting of the board of directors in which the directors/ officers are elected or appointed
Appropriate department of the SES Electronic mail or diskette form to SDC or if hard copy Original to Appropriate department of the SES, Duplicate to SDC
MAAB dated 09.02.05 Cir. No. 513 dated 02.10.06 B SES Form6G X192.4 (Revised Oct. 2007 per Cir. No. 587 dated 10.26.07; June 2005 per Cir. No. 486 dated 06.01.05)
As crime/ incident occurs
Not later than ten (10) calendar days from knowledge of crime/ incident and complete report not later than twenty (20) calendar days from termination of examination.
SDC and SITD
Category B
Form No. Unnumbered (no prescribed form) SES Form 6H (CBP 7-16-21) Revised SES II Form 26
MOR Ref. X143.4
Report Title Report on Disqualification of Director/Officer
Frequency As disqualification occurs As write-off occurs Only once; as change occurs As change occurs As election occurs As transfer occurs As it occurs Monthly As transaction occur Quarterly
Submission Deadline Within 72 hours from receipt of report by the BOD Within 30 days after every write-off 15th banking day from date of change 3rd banking day from date of resolution 12th banking day after annual board election 5th banking day from date of transter 10th banking day after opening 10th banking day from end of reference month Within 72 hours from knowledge of transactions 15 banking day after end of reference quarter
Submission Procedure Appropriate department of the SES

1/
X306.5
Notice/Application for Write-off of Loans, Other Credit Accommodations, Advances and Other Assets Information/Documents Required under Appendices 7 & 8 (MOR) Specimen Signature of Authorized Signatories and Board Resolution Designating Authorized Signatories List of Members of the Board of Directors and Officers Notice of transfer of branches/voluntary closure of branches Notice of Actual Date of Opening a Branch Conversion/Transfer of FCDU Loans to RBU1/ Waiver of the Confidentiality of Information under Sections 2 and 3 of RA No. 1405 Disclosure Statement on SPV Transactions
X192.3
Appropriate department of the SES Appropriate department of the SES & SDC -do-do-doAppropriate department of the SES & SDC -do-
B B B B B
SES III Form 27 Unnumbered (NP09-TB)
X192.1 X144 X151.8 X151.9 X153.4
Unnumbered
X565 X409.16 (f)
(M-005 dated 02.04.08)
SDC
APP. 6 11.12.31
Report is not required when no transfers were effected during the month
Category B
Form No. FX Form 1A (Formerly FED Form 1)
MOR Ref. X192.2 (As amended by M-043 dated 11.09.09, Cir. No. 645 dated 02.13.09 and Cir. No. 284 dated 06.04.01)
Report Title Consolidated Foreign Exchange Assets and Liabilities Schedules: 1 2 3 4 5 6 7 9 Monthly Summary of FX Acquisitions Dispositions Interbank Transactions FX Acquisition from Loans (of Resident Clients) FX Disposition for Loans (of Resident Clients) Other Current Accounts and Transfers Acquisition and Disposition Investments Acquisition and Disposition Other Foreign Exchange Acquisitions/ Dispositions Export Proceeds
Frequency Monthly
Submission Procedure DES
APP. 6 11.12.31
Unnumbered
Certification as to the veracity and accuracy of the Consolidated Report on FX Assets and Liabilities and all supporting schedules, to be signed by an officer of the bank with the rank of AVP or equivalent rank Summary Report of Transactons on TB Loans by Banking Unit
Monthly
Next banking day following the prescribed date of submission of the report and schedules 15th banking day after end of reference period
DES
RS Form 1 (TB)
Monthly for loans granted; quarterly for loans outstanding
Category
Form No. RS Form 2A-TB
MOR Ref.
Report Title Survey on the Volume and Weighted Average Interest Rates on Deposits Report on Volume of Money Market Transactions
Frequency Daily
Submission Deadline A daily survey report only for banks notified by DER 2nd banking day after transaction occurs 30th day from date of the bond flotation by the LGU
RS Form 1B (5-17-27) DER (TR-D01-TB) Unnumbered X425.3
As transacton occurs -do-
DES
Post Bond Flotation Report
-do-
ID Reports A-2 M01-TB (For FCDUs) ID Form 5 refer to Cir. No. 645 Foreign Currency Cover Monthly 15th banking day after end of reference month -doID
A-2
Report on Bank Liabilities to Non-Residents [formerly, Schedule of Foreign Exchange Liabilities to NonResidents (In Original Currency)] (CL dated 02.18.03) Bank Certification
-do-
[email protected]
-doMonthly
-do5th banking day after end of reference month 15th banking day after end of reference month
ID ID
A-3
BSP-ID Form No. 1, S-2008 IOS Form 4
CL-004 dated 01.11.08
Monthly FX Sales by Authorized Agent Banks (AABs) for Outward Investments Consolidated Report on Loans Granted by FCDUs
-do-
ID/Appropriate Department of the SES
APP. 6 11.12.31
Category B
Form No. Unnumbered
MOR Ref. X625.9 (As amended by Cir. No. 591 dated 12.27.07) (M-019 dated 05.03.08) (M-019 dated 05.03.08) (CL-003 dated 01.11.08)
Report Title Report on FX Swaps with Customers1/ where 1st Leg is a Purchase of FX Against Pesos (For TBs with derivatives License)
Frequency -do-
Submission Deadline 5th banking days after end of reference month
Submission Procedure ID @ e-mail address: [email protected] SDC @ e-mail address: [email protected] [email protected] SDC [email protected] cc: Treasury Dept. [email protected] SDC [email protected] cc: Treasury Dept. [email protected] ID
APP. 6 11.12.31
Unnumbered
Report on Non-Deliverable USD/PHP Forward Transactions with Non-Residents
Weekly
2nd banking day after end of reference week
Control Prooflist
Weekly
2nd banking day after end of reference week
Report on Sale of Foreign Currency (FC) for Advance Payment of Importations up to $100,000.00
Monthly
Within the first 5 banking days of the month succeeding the date of foreign exchange sale Within the first 5 days of the month succeeding the receipt of the refund 15 banking days after end of reference quarter
(CL-003 dated 01.11.08) B Form No. 1 Schedule 1 M-031 dated 09.11.09 and Cir. No. 649 dated 03.09.09
Report on Puchase of Foreign Currency (FC) from Refund of Advance Payment of Importations up to $100,000.00 Report on Electronic Money Transactions Statement of E-Money Balances and Activity Volume and Amount of E-Money Transactions Schedule 1 -
-do-
-do-
Quarterly
e- mail sdctb emoney@ bsp.gov.ph or hardcopy - SDC
E-Money Balances
1/
Excluding cross country swaps
Category
Form No.
MOR Ref.
Report Title
Frequency
Submission Deadline
APP. 6 11.12.31
C. RBs/Coop Banks
A1 Unnumbered X191.2 (Cir. No. 512 dated 02.03.06, as amended by M-045 dated 12.14.10 Cir. No. 701 dated 12.13.10 M-021 dated 07.20.10 M-016 dated 06.16.10, M-035 dated 09.28.09, M-012 dated 03.14.08, M-011 dated 03.07.08, Cir. No. 644 dated 02.10.09, M-026 dated 09.20.07, M-015 dated 05.28.07, Cir. No. 568 dated 05.08.07, M-006 dated 07.07.06 and MAB dated 03.07.06) Financial Reporting Package (FRP) Balance Sheet (FRP): Solo basis (head office and branches) Consolidated basis (together with applicable schedules)2/ Quarterly -do15th banking day after end of reference quarter 30th banking day after end of reference quarter Diskette/CD/e-mail to SDC1/ [email protected] -do-
Income Statement (FRP): Solo basis (head office and branches) Consolidated basis (together with applicable schedules)2/ -do-do15th banking day after end of reference quarter 30th banking day after end of reference quarter -do-do-
Schedules (Solo Report): 1 2 3 Checks and Other Cash Items (COCI) Due from Other Banks Financial Assets Held for Trading -do-do-do15 banking day after end of the reference quarter -do-do-do-do-do-
1/
2/
Category
Form No.
MOR Ref. 3a -
Report Title Breakdown of Held for Trading (HFT) Financial Assets Purchased/Sold/Lent Under Repurchase Agreements, Cerificates of Assignment/Participation with Recourse, Securities Lending and Borrowing Agreements Derivatives Held for Trading (HFT) Derivatives Held for Trading Matrix of Counterparty and Type of Derivative Contracts Financial Assets Designated at Fair Value through Profit or Loss Available-for-Sale Financial Assets
Frequency Quarterly
-do-do-
-do-do-
-do-do-
4a -
5 6
-do-do-do-
-do-do-do-
-do-do-do-
6a -
Breakdown of Available for Sale Financial Assets Purchased/Sold/Lent Under Repurchase Agreements, Certificates of Assignment/Participation with Recourse, Securities Lending and Borrowing Agreements Available-for-Sale Financial Assets-Classified as to Status Available-for-Sale Financial Assets Movements in Allowances for Credit Losses
6b to 6b3 6c to 6c3
-do-
-do-
-do-
Annually
15th banking day after end of the reference year
-do-
APP. 6 11.12.31
1/
Category
Form No.
MOR Ref. 7 7a -
Report Title Held to Maturity (HTM) Financial Asset Breakdown of Held to Maturity Financial Assets Purchased/Sold/Lent Under Repurchase Agreements, Cerificates of Assignment/Participation with Recourse, Securities Lending and Borrowing Agreements Fair Value of Held to Maturity (HTM) Financial Asset Held to Maturity Financial Assets Classified as to Status Held to Maturity Financial Assets Movements in Allowances for Credit Losses Unquoted Debt Securities Classified as Loans Fair Value of Unquoted Debt Securities Classified as Loans Unquoted Debt Securities Classified as Loans Classified as to Status Unquoted Debt Securities Classified as Loans Movements in Allowances for Credit Losses
APP. 6 11.12.31
7b
Annually Quarterly Annually Quarterly Annually Quarterly Annually
15th banking day after end of the reference year 15th banking day after end of the reference quarter 15th banking day after end of the reference year 15th banking day after end of the reference quarter 15th banking day after end of the reference year 15th banking day after end of the reference quarter 15th banking day after end of the reference year
7c to 7c3 7d to 7d3 8 8a -
8b to 8b3 8c to 8c3
1/
Category
Form No.
MOR Ref. 9 10 11 -
Report Title Investment in Non-Marketable Equity Securities Interbank Loans Receivables Loans and Receivables - Others Loans and Receivables Classified as to Status Others
Frequency Quarterly -do-do-do-do-doMonthly
Submission Deadline 15th banking day after end of the reference quarter -do-do-do-do-do15th banking day after end of the reference month 15th banking day after end of the reference year 15th banking day after end of the reference quarter
Submission Procedure Diskette/CD/e-mail to SDC1/ [email protected] -do-do-do-do-do-do-
11a to 11a3 11b to 11b3 11c to 11c3 11d to 11d3 11e to 11e3 11f -
Restructured Loans and Receivables Classified as to Status Loans and Receivables - Others Movements in Allowances for Credit Losses Gross Loans and Receivables - Others Classified as to Type of Business/Industry of Counterparty Loans and Receivables - Others Classified as to Status Per PAS 39 Schedule of Agri/Agra SME, DIL and Microfinance Loans and Receivables Under Sched 11 Classified as to Counterparty Loans and Receivables Arising from Repurchase Agreements, Certificates of Assignment/Participation with Recourse and Securities Lending and Borrowing Transactions
Annually Quarterly
-do-do-
-do12 -do-do-
APP. 6 11.12.31
1/
Category
Form No.
MOR Ref. 12a to 12a3
Report Title Loans and Receivables Arising from Repurchase Agreements, Certificates of Assignment/Participation with Recourse and Securities Lending and Borrowing Transactions Matrix of Counterparty and Issuer of Collateral Securities Fair Value Adjustments in Hedge Accounting Derivatives Held for Fair Value Hedge Derivatives Held for Cash Flow Hedge Derivatives Held for Hedges of Net Investment in Foreign Operations Derivatives Held for Portfolio Hedge of Interest Rate Risk (Marked to Market Amount) Accrued Interest Income/Expense from Financial Assets and Liabilities Equity Investment in Subsidiaries, Associates and Joint Ventures Investment in Subsidiaries, Associates and Joint Arrangements Classified as to Nature of Business Details of Equiity Investment in Subsidiaries, Associates and Joint Ventures
Frequency Quarterly
APP. 6 11.12.31
13 13a 13b 13c 13d
-do-do-do-do-do-
-do-do-do-do-do-
-do-do-do-do-do-
14 15 15a
-do-do-do-
-do-do-do-
-do-do-do-
15b
-do-
-do-
-do-
1/
Category
Form No.
MOR Ref. 16 17 17a 17b 18 19 20 -
Report Title Bank Premises, Furniture, Fixture and Equipment Real and Other Properties Acquired/NonCurrent Assets Held for Sale Aging of ROPA and NCAHS Accounts Movement in ROPA and NCAHS Schedule of Tax Assets and Liabilities Other Assets Breakdown of Due from and Due to Head Office/Branches/Agencies Abroad Philippine Branch of a Foreign Bank Liability for Short Position Deposit Liabilities Classified as to Type of Deposit Deposit Liabilities by Size of Accounts Excluding Deposits in Foreign Offices/ Branches Due to Other Banks
Frequency Quarterly -doAnnually -doAnnually Quarterly -do-
Submission Deadline 15th banking day after end of the reference quarter -do15th banking day after end of the reference year -do15th banking day after end of the reference year 15th banking day after end of the reference quarter -do-
Submission Procedure Diskette/CD/e-mail to SDC1/ [email protected] -do-do-do-do-do-do-
21 22 22a
-do-do-do-
-do-do-do-
-do-do-do-
23
-do-
-do-
-do-
APP. 6 11.12.31
1/
Category
Form No.
MOR Ref. 24 25 26 -
Report Title Bills Payable Bonds Payable, Unsecured Subordinated Debt and Redeemable Preferred Shares Fair Value of Financial Liabilities
Frequency Quarterly -doAnnually
Submission Deadline 15th banking day after end of the reference quarter -do15th banking day after end of the reference year 15th banking day after end of the reference quarter -do-do-do-do-
APP. 6 11.12.31
27 28 29 29a 29b
Financial Liabilities Associated with Transferred Assets Other Liabilities Interest Income/Expense from Financial Instruments Interest Income from Due from Other Banks Classified as to Type of Deposits Interest Income from Held for Trading, Designated at FVPL, Available for Sale, Held to Maturity Financial Assets and Unquoted Debt Securities Classified as Loans Interest Income from Interbank Loans Receivables Interest Income from Loans and Receivables Others - Classified as to Status
Quarterly -do-do-do-do-
-do-do-do-do-do-
-do29c -do-do-do-do-do-
29d to 29d3
1/
Category
Form No.
MOR Ref. 29e -
Report Title Interest Income from Loans and Receivables Arising from Repurchase Agreements, Certificates of Assignment/Participation with Recourse and Securities Lending and Borrowing Transactions Interest Expense on Deposit Liabilities Classified as to Type of Deposit Interest Expense on Bills Payable Interest Expense on Bonds Payable, Unsecured Subordinated Debt and Redeemable Preferred Shares Dividend Income Gains/(Losses) on Financial Assets and Liabilities Held for Trading Gains/(Losses) from Sale/Redemption/ Derecognition of Non-Trading Financial Assets and Liabilities Compensation/Fringe Benefits Other Administrative Expenses Depreciation/Amortization Expense Impairment Loss Off-Balance Sheet
Frequency Quarterly

1/
30a 30b 30c -
-do-do-do-
-do-do-do-
-do-do-do-
31 32 33
-do-do-do-
-do-do-do-
-do-do-do-
34 35 36 37 38
-do-do-do-do-do-
-do-do-do-do-do-
-do-do-do-do-do-
APP. 6 11.12.31
Category
Form No.
MOR Ref. 38a 39 & 39a 40 & 40a 41 42 -
Report Title Compliance with Secton X347 Residual Maturity Performing Financial Assets and Financial Liabilities Repricing - Performing Financial Assets and Financial Liabilities Investment in Debt Instruments Issued by LGUs and Loans Granted to LGUs Disclosure of Due From FCDU/RBU and Due To FCDU/RBU
APP. 6 11.12.31
Schedules (Consolidated Report): 1 2 3 3a Checks and Other Cash Items Due from Other Banks Financial Assets Held for Trading Breakdown of Held for Trading (HFT) Financial Assets Purchased/Sold/Lent Under Repurchase Agreements, Certificates of Assignment/Participation with Recourse, Securities Lending and Borrowing Agreements -do-do-do-do30th banking day after end of the reference quarter -do-do-do-do-do-do-do-
1/
Category
Form No.
MOR Ref. 4 4a -
Report Title Derivatives Held for Trading (HFT) Derivatives Held for Trading-Matrix of Counterparty and Type of Derivative Contracts Financial Assets Designated at Fair Value through Profit or Loss Available-for-Sale Financial Assets

1/
5 6
-do-do-do-do-
-do-do-do-
-do-do-do-
6a -
Breakdown of Available for Sale Financial Assets Purchased/Sold/Lent Under Repurchase Agreements, Certificates of Assignment/Participation with Recourse, Securities Lending and Borrowing Agreements Available-for-Sale Financial Assets-Classified as to Status Available-for-Sale Financial Assets Movements in Allowances for Credit Losses Held to Maturity (HTM) Financial Asset Breakdown of Held to Maturity Financial Assets Purchase/Sold/Lent Under Repurchase Agreements, Certificates of Assignment/Participation with Recourse, Securities Lending and Borrowing Agreements
6b 6c 7 -
-doAnnually Quarterly -do-
-do30th banking day after end of the reference year 30th banking day after end of the reference quarter -do-
-do-do-do-do-
7a -
APP. 6 11.12.31
Category
Form No.
MOR Ref. 7b 7c 7d 8 -
Report Title Fair Value of Held to Maturity (HTM) Financial Assets Held to Maturity Financial Assets Classified as to Status Held to Maturity Financial Assets Movements in Allowances for Credit Losses Unquoted Debt Securities Classified as Loans Fair Value of Unquoted Debt Securities Classified as to Status Unquoted Debt Securities Classified as Loans Classified as to Status Unquoted Debt Securities Classified as Loans Movements in Allowances for Credit Loans Investment in Non-Marketable Equity Securities Interbank Loans Receivables Loans and Receivables - Others Loans and Receivables - Others Classified as to Status Restructured Loans and Receivables Classified as to Status
Frequency Annually Quarterly Annually Quarterly Annually Quarterly Annually Quarterly -do-do-do-do-
Submission Deadline 30th banking day after end of the reference year 30th banking day after end of the reference quarter 30th banking day after end of the reference year 30th banking day after end of the reference quarter 30th banking day after end of the reference year 30th banking day after end of the reference quarter 30th banking day after end of the reference year 30th banking day after end of the reference quarter -do-do-do-do-
Submission Procedure Diskette/CD/e-mail to SDC1/ [email protected] -do-do-do-do-do-do-do-do-do-do-do-
APP. 6 11.12.31
8a 8b 8c 9 -
10 11 11a 11b -
1/
Category
Form No.
MOR Ref. 11c 11d -
Report Title Loans and Receivables - Others Movements in Allowances for Credit Losses Gross Loans and Receivables - Others Classified as to Type of Business/Industry of Counterparty Loans and Receivables - Others Classified as to Status per PAS 39 Schedule of Agri/Agra SME, DIL and Microfinance Loans and Receivables Under Sched 11 Classified as to Counterparty Loans and Receivables Arising from Repurchase Agreements, Certificates of Assignment/Participation with Recourse and Securities Lending and Borrowing Transactions Loans and Receivables Arising from Repurchase Agreements, Certificates of Assignment/Participation with Recourse and Securities Lending and Borrowing Transactions Matrix of Counterparty and Issuer of Collateral Securities Fair Value Adjustments in Hedge Accounting Derivatives Held for Fair Value Hedge Derivatives Held for Cash Flow Hedge

1/
11e 11f
Annualy Quarterly
30th banking day after end of the reference year 30th banking day after end of the reference quarter
-do-
-do-
12
-do-
-do-
-do-
12a -
-do-
-do-
-do-
13
-do-do-do-
-do-do-do-
-do-do-do-
13a 13b -
APP. 6 11.12.31
Category
Form No.
MOR Ref. 13c 13d 14 15 -
Report Title Derivatives Held for Hedges of Net Investment in Foreign Operations Derivatives Held for Portfolio Hedge of Interest Rate Risk (Marked to Market Amount) Accrued Interest Income/Expense from Financial Assets and Liabilities Equity Investment in Subsidiaries, Associates and Joint Ventures Equity Investment in Susidiaries, Associates and Joint Arrangements- Classified as to Nature of Business Details of Equity Investment in Subsidiaries, Associates and Joint Ventures Bank Premises, Furniture, Fixture and Equipment Real and Other Properties Acquired/NonCurrent Assets Held for Sale Aging of ROPA and NCAHS Accounts Movements in ROPA and NCAHS Accounts Schedule of Tax Assets and Liabilities
APP. 6 11.12.31
15a -
15b 16 17 -
-do-do-doAnnually -do-do-
-do-do-do30th banking day after end of reference year -do-do-
-do-do-do-do-do-do-
17a 17b 18 -
1/
Category
Form No.
MOR Ref. 19 20 -
Report Title Other Assets Breakdown of Due from and Due to Head Office/Branches/Agencies Abroad Philippine Branch of a Foreign Bank Liability for Short Position Deposit Liabilities Classified as to Type of Deposit Deposit Liabilities by Size of Accounts Excluding Deposits in Foreign Offices/ Branches Due to Other Banks Bills Payable Bonds Payable, Unsecured Subordinated Debt and Redeemable Preferred Shares Fair Value of Financial Liabilities Financial Liabilities Associated with Transferred Assets Other Liabilities
21 22
-do-do-do-
-do-do-do-
-do-do-do-
22a -
23 24 25 26 27 28
-do-do-doAnnually Quarterly -do-
-do-do-do30th banking day after end of the reference year 30th banking day after end of the reference quarter -do-
-do-do-do-do-do-do-
APP. 6 11.12.31
1/
Category
Form No.
MOR Ref. 29 -
Report Title Interest Income/Expense from Financial Instruments Interest Income from Due from Other Banks Classified as to Type of Deposits Interest Income from Held for Trading, Designated at FVPL, Available for Sale, Held to Maturity Financial Assets and Unquoted Debt Securities Classified as Loans Interest Income from Interbank Loans Receivables Interest Income from Loans and Receivables Others - Classified as to Status Interest Income from Loans and Receivables Arising from Repurchase Agreements, Certificates of Assignment/Participation with Recourse and Securities Lending and Borrowing transactions Interest Expense on Deposit Liabilities Interest Expense on Bills Payable Interest Expense on Bonds Payable, Unsecured Subordinated Debt and Redeemable Preferred Shares Dividend Income
Submission Deadline 30th banking day after end of the reference quarter -do-do-
APP. 6 11.12.31
29a 29b -
29c 29d 29e -
-do-do-do-
-do-do-do-
-do-do-do-
30a 30b 30c -
-do-do-do-
-do-do-do-
-do-do-do-
31
-do-
-do-
-do-
1/
Category
Form No.
MOR Ref. 32 33 -
Report Title Gains/(Losses) on Financial Assets and Liabilities Held for trading Gains/(Losses) from Sale/Redemption/ Derecognition of Non-Trading Financial Assets and Liabilities Compensation/Fringe Benefits Other Administrative Expenses Depreciation/Amortization Expense Impairment Loss Off-Balance Sheet Compliance with Section X347 Residual Maturity Performing Financial Assets and Financial Liabilities Repricing - Performing Financial Assets and Financial Liabilities Investment in Debt Instruments Issued by LGUs and Loans Granted to LGUs Disclosure of Due From FCDU/RBU and Due to FCDU/RBU
34 35 36 37 38
-do-do-do-do-do-do-do-do-do-do
38a 39 40 41 42 -
APP. 6 11.12.31
1/
Category
Form No.
MOR Ref.
Report Title Simplified Financial Reporting (FRP) - (For RBs with less complex operations [i.e., without (1) FCDU authority (2) derivatives transactions and (3) financial allied subsidiaries] Balance Sheet (FRP): Solo basis (head office and branches) Income Statement (FRP): Solo basis (head office and branches)
Frequency
Submission Deadline
APP. 6 11.12.31
Quarterly -do-
15th banking day from end of reference quarter -do-
cc: Mail - SDC -do-
Schedules (Solo Report): 1 2 6 6b1 7 7c1 8 Checks and Other Cash Items (COCI) Due from Other Banks Classified as to Type of Deposit Available-for-Sale Financial Assets Available-for-Sale Financial Assets Classified as to Status - Peso Accounts Held to Maturity Financial Assets Held to Maturity Financial Assets Classified as to Status - Peso Accounts Unquoted Debt Securities Classified as Loans -do-do-do-do-do-do-do-do-do-do-do-do-do-do-do-do-do-do-do-do-do-
Category
Form No.
MOR Ref. 8b1 9 10 11 -
Report Title Unquoted Debt Securities Classified as Loans Classified as to Status - Peso Account Investment in Non-Marketable Equity Securities Interbank Loans Receivables Loans and Receivables - Others Loans and Receivables - Others Classified as to Status - Peso Accounts Restructured Loans and Receivables Classified as to Status - Peso Accounts Loans and Receivables - Others Movements of Allowances for Credit Losses - Peso Accounts Loans and Receivables - Others (At Amortized Cost) - Peso Accounts Loans and Receivables - Others Classified as to Status per PAS 39 - Peso Accounts (For Annual Submission) Schedule of Agri/Agra, SME, DIL and Microfinance Loans and Receivables under Schedule 11 - Classified as to Counterparty
Frequency Quarterly -do-do-do-do-do-do-
Submission Deadline 15th banking day from end of reference quarter -do-do-do-do-do-do-
Submission Procedure cc: Mail - SDC -do-do-do-do-do-do-
11a1 11b1 11c1 -
11d1 11e1 -
-doAnnually
-do15th banking day from end of reference year 15th banking day from end of reference quarter
-do-do-
11f
Quarterly
-do-
APP. 6 11.12.31
Category
Form No.
MOR Ref. 12 -
Report Title Loans and Receivables Arising from Repurchase Agreements, Certificates of Assignment/Participation with Recourse and Securities Lending and Borrowing Transactions -By Counterparty Loans and Receivables Arising from Repurchase Agreements and Securities Lending and Borrowing Transactions Matrix of Counterparty and Issuer of Collateral Securities - Peso Accounts Accrued Interest Income/Expense from Financial Assets and Liabilities Equity Investment in Subsidiaries, Associates and Joint Ventures Equity Investment in Subsidiaries Associates and Joint Ventures - Classified as to Nature of Business Details of Equity Investment in Subsidiaries, Associates and Joint Ventures Bank Premises, Furniture, Fixture and Equipment Real and Other Properties Acquired/NonCurrent Assels Held for Sale
Frequency Quarterly
Submission Deadline 15th banking day from end of reference quarter
Submission Procedure cc: Mail - SDC
APP. 6 11.12.31
12a1 -
-do-
-do-
-do-
14 15 15a
-do-do-do-
-do-do-do-
-do-do-do-
15b 16 17
-do-do-do-
-do-do-do-
-do-do-do-
Category
Form No.
MOR Ref. 17a -
Report Title Aging of ROPA and NCAHS Accounts Movement in ROPA and NCAHS Accounts Other Assets Deposit Liabilities - Classified as to Type of Deposit Deposit Liabilities by Size of Accounts Excluding Deposits in Foreign Offices/ Branches Bills Payable Bonds Payable, Unsecured Subordinated Debt and Redeemable Preferred Shares Financial Liabilities Associated with Transferred Assets Other Liabilities Interest Income/Expense from Financial Instruments Interest Income from Due from Other Banks - Classified as to Type of Deposit Interest Income from Held for Trading, Designated at FVPL, Available-for-Sale, Held to Maturity Financial Assets and Unquoted Debt Securities Classified as Loans
Frequency Annually -doQuarterly -do-do-
Submission Deadline 15th banking day from end of reference year -do15th banking day from end of reference quarter -do-do-
Submission Procedure cc: Mail - SDC -do-do-do-do-
17b 19 22 22a
24 25 27 28 29 29a 29b
APP. 6 11.12.31
Category
Form No.
MOR Ref. 29c -
Report Title Interest Income from Interbank Loans Receivables Interest Income from Loans and Receivables - Others Classified as to Status - Peso Accounts Interest Income from Loans and Receivables Arising from Repurchase Agreements, Certificates of Assignment/ Participation with Recourse and Securities Lending and Borrowing Transactions - By Counterparty Interest Expense on Deposit Liabilities Classified as to Type of Deposit Interest Expense on Bills Payable Interest Expense on Bonds Payable, Unsecured Subordinated Debt and Redeemable Preferred Shares Dividend Income Gains/(Losses) from Sale/Redemption/ Derecognition of Non-Trading Financial Assets and Liabilities (Excluding Financial Assets and Liabilities Designated at FV through Profit and Loss and FV adjustment in Hedge Accounting) Compensation/Fringe Benefits Other Administrative Expenses
Submission Deadline 15th banking day after end of reference quarter -do-
Submission Procedure cc: Mail - SDC -do-
APP. 6 11.12.31
29d1 -
29e
-do-
-do-
-do-
30a 30b 30c
-do-do-do-
-do-do-do-
-do-do-do-
31 33
-do-do-
-do-do-
-do-do-
34 35
-do-do-
-do-do-
-do-do-
Category
Form No.
MOR Ref. 36 37 38 38a 39 -
Report Title Depreciation/Amortization Expense Impairment Loss Off-Balance Sheet Compliance with Section X347 Residual Maturity Performing Financial Assets and Financial Liabilities - Peso Accounts Repricing Performing Financial Assets and Financial Liabilities - Peso Accounts (Amount in PHP) Schedule of Investment in Debt Instruments Issued by LGUs and Loans Granted to LGUs (Net Carrying Amount)
Submission Procedure cc: Mail - SDC -do-do-do-do-
40
-do-
-do-
-do-
41
-do-
-do-
-do-
A-1
Unnumbered
Derivatives Report Schedules: Report on Outstanding Derivatives Contracts (Stand - Alone - RBU, Stand - Alone - FCDU, Hybrid) Report on Trading (Gains/Losses) on Financial Derivatives Certification (Hard Copy) Control Prooflist
Monthly
15th banking day after the end of the reference month
CMSG cc: SDC [email protected]. sdcderivatives@ bsp.gov.ph.
Receiving Section, SES
APP. 6 11.12.31
1/
For RBs which are subsidiaries of UBs/KBs
Category A-1
Form No. Unnumbered
MOR Ref. X191.3 X388.5 (As amended by Cir. No. 708 dated 01.10.11, 733 dated 05.08.11 and M-048 dated 08.26.11) X191.3 X388.5 (As amended by Cir. No. 708 dated 01.10.11, 733 dated 05.08.11 and M-048 dated 08.26.11)
Report Title Supplementary Report on Early Adoption of PFRS 9: Report on Financial Assets Designated/Mandatorily Measured at Fair value Through Profit or Loss
Frequency -do-
Submission Deadline -do-
Submission Procedure cc mail: SDC sdctb-pfrs@bsp. gov.ph
APP. 6 11.12.31
A-1
Unnumbered
Reports Relative to the Early Adoption of PFRS 9
One-time
15th banking day after end of reference month of date of implementation (2011 early adopters) or 15th banking day after end of reference month of initital application of PFRS 9 (2012 early adopters)
-do-
Category A-2
Form No. Unnumbered
MOR Ref. X116.5 (As amended by Cir. Nos. 03 dated December 2005 and 475 dated 14 February 2005) X118 (Cir. 688 dated 05.26.10 and M-14 dated 05.15.10)
Report Title Computation of the Adjusted Risk-Based Capital Adequacy Ratio Covering Combined Credit Risks (for stand alone RBs) Solo basis (head office and branches) Consolidated basis (parent bank plus subsidiary financial allied undertakings, but excluding insurance companies)
Frequency
Submission Deadline

22
Quarterly -do-
Appropriate department of the SES -do-
A-1
X116.5 (Cir. No. 574 dated 07.10.07) X116 X116
Computation of the Adjusted Risk-Based Capital Adequacy Ratio Covering Combined Credit Risks, Market Risk and Operational Risk1/ Solo basis (head office and branches) Consolidated basis (parent bank plus subsidiary financial allied undertakings, but excluding insurance companies) -do-do15th banking day after end of reference quarter 30th banking day after end of reference quarter 4th banking day after end of reference week SDC SDC
A-1 A-1
A-2
RB/COB Form1
X116.3
Consolidated Daily Report of Condition (CDRC)
Weekly
-do-
APP. 6 11.12.31
Category A-2
Form No. Unnumbered (no prescribed form) Form 2B/2B.1
MOR Ref. X141.9
Report Title Acknowledgment receipt of copies of specific duties and responsibilities of the board of directors and of a director and certification that they fully understand the same RBs with resources of P1.0 billion and above Balance Sheet/Consolidated Balance Sheet Control Prooflist duly notarized and signed by the authorized official of the reporting bank Published Balance Sheet/Consolidated Balance Sheet (together with the publisher's certificate)
Frequency Annually or as directors are elected
Submission Deadline 30th banking day after date of election
APP. 6 11.12.31
A-2
12 banking days from the date of the Call Letter
Diskette/CD/e-mail to SDC [email protected] hard copy to SDC Fax to 523-3461 or 523-0230
20 banking days from the date of the Call Letter
Fax to 523-3461 or 523-0230 or via postal/ messengerial services to SDC
A-2
Form 2B/2B.1
Cir. No. 576 dated 08.08.07 and M-030 dated 10.04.07
RBs with resources of less than P1.0 billion Balance Sheet/Consolidated Balance Sheet Quarterly 20 banking days from the date of the reference quarter Diskette/CD/e-mail to SDC [email protected] hard copy to SDC Fax to 523-3461 or 523-0230 or via postal/ messengerial services to SDC -do20 banking days from the date of the reference quarter
Control Prooflist duly notarized and signed by the aurthorized official of the reporting bank
Published/Posted Balance Sheet/Consolidated Balance Sheet (together with the publisher's certificate if applicable)
Category A-2
Form No. Unnumbered
MOR Ref. X425.2 (Cir. No. 609 dated 05.26.08 and M-022 dated 06.26.08)
Report Title Financial Reporting Package for Trust Institution1/ Schedules: Balance Sheet A1 to A2 - Main Report B to B2 - Details of Investments in Debt and Equity Securities C to C2 D to D2 E - Details of Loans and Receivables - Wealth/Asset/Fund ManagementUITF - Other Fiduciary Accounts
Frequency Quarterly
Submission Deadline 20th banking day after the end of reference quarter
E1 to E1b - Other fiduciary Services - UITF Income Statement Control Prooflist A-2 Unnumbered X192 (Cir. No. 607 dated 04.30.08 and M-021 dated 06.16.08) Report on Microfinance Loans Quarterly Monthly 20th banking day after the end of reference quarter 15th banking day after end of the reference month SDC [email protected] SDC [email protected]
______________________
1/
APP. 6 11.12.31
RBs/Coop Banks which are authorized to engage in limited trust business are only required to submit the main report and Annex E of the FRPTI
Category A-2
Form No. Unnumbered
MOR Ref. X192 (Cir. No. 607 dated 04.30.08 and M-021 dated 06.16.08) X181.5 (Cir. No. 620 dated 09.03.08)
Report Title Income Statement on Microfinance Operations
Frequency Quarterly
APP. 6 11.12.31
A-2
Self-Assesment and Certification of Compliance with Rules and Regulations on Bank Protection/Updated Security Program Report on Microfinance Transactions Weekly Report on Required and Available Reserves Against Deposit Liabilities (To be replaced with CDRC - Form 1) Control Prooflist of WRRAR Against Deposit Liabilities Government Funds Held/Compliance with Liquidity Floor Requirement Covered Transaction Report (CTR)
Annually
On or before 30 January
A-2 A-2
RB/COB Form 7 RB/COB Form 7A RB/COB Form 8 Unnumbered (Rev. May 2002) Unnumbered
X254 X254
Monthly Weekly
5th banking day after end of reference month 4th banking day after end of reference week -do15th banking day after end of the reference quarter 10th banking day from the occurrence of the transaction
Original - DLC/BSPRLC Electronic mail to SDC
A-2 A-2
X240.8 X240.6
-doQuarterly
-doOriginal - Appropriate department of the SES Duplicate - SDC Original and duplicate Anti - Money Laundering Council (AMLC)
A-2
X801.5 (Rev. May 2002 as amended by Cir. No. 612 dated 06.13.08)
As transaction occurs
Category A-2
Form No. Unnumbered
MOR Ref. X807 (Cir. No. 279 dated 04.02.01) X801.6 X192.7 (As amended by Cir. No. 718 dated 04.26.11 533 dated 06.19.06) X393 (Cir. No. 613 dated 06.18.08 and M032 dated 10.31.08)
Report Title Suspicious Transaction Report (STR)
Frequency As transaction occurs
Submission Deadline 10th banking day from the occurrence of the transaction
Submission Procedure Original and duplicate Anti - Money Laundering Council (AMLC)
A-1 A-2
RB/COB Form 9 BSP 7-16-11
Certification of Compliance with Anti-Money Laundering Regulations Consolidated List of Stockholders and Their Stockholdings and Changes thereto
Annually Annually/ Quarterly when changes occurs
20th banking day after end of reference year 30th banking day after end of calendar year and if there are changes, 12th banking day after end of the reference quarter
-doOriginal-Appropriate department of the SES
A-3
Unnumbered
Report of Selected Branch Accounts Schedules: Selected Balance Sheet Accounts Selected Balance Sheet and Income Statement Accounts Aging of Loans and Receivables - Others Breakdown of Deposit Liabilities Bank Loans-toDeposits Ratio
Semestral
20 banking days after end of reference semester
APP. 6 11.12.31
Category
Form No.
MOR Ref.
Report Title Reconciling Items Outstanding for More than Six (6) Months on the Due From/Due to Head Office, Branches and Agencies Account
Frequency
Submission Deadline
APP. 6 11.12.31
A-3
RB/COB Form 4A
X335 X409.3
Consolidated Report on Compliance with Individual Ceiling on Direct Credit Accommodations to Directors/ Officers/Stockholders/Related Interests (DOSRI) Schedule: 1 Compliance with Individual Ceiling on Credit Accommodations to DOSRI
Quarterly
Original - Appropriate department of the SES
A-3
RB/COB Form 4B
X335 X409.3
Consolidated Report on the Compliance with Aggregate Ceiling on Credit Accommodations to DOSRI Schedules: 1 Secured and Unsecured DOSRI Loans
-do-
-do-
-do-
-do-do-
-do-do-
-doElectronic mail/diskette: SDC - e-mail at [email protected]
A-3
RB/COB Form 5B
Report on Compliance with Mandatory Credit Allocation Required under R.A. 6977, as amended by R.A. Nos. 8289 and 9501 Schedules: 1A Computation of Total Loan Portfolio for Purposes of Determining Amount of Mandatory Credit Allocation for MSMEs Wholesale Lending of a Bank to Conduit NBFIs w/o QB authority other than those for On-Lending to MSMEs Loans Granted Under Special Financing Program Other Than for MSMEs
1A-1 -
1A-2 -
Category
Form No.
MOR Ref. 1A-3 -
Report Title Loans Granted to MSMEs Other Than to BMBEs which are Funded by Wholesale Lending of or Rediscounted with Another Bank Details of Eligible Investments for Compliance with the Required Credit Allocation for MSMEs Loans Granted to MSMEs Other than to BMBEs which are Funded by Wholesale Lending of or Rediscounted with Another Bank Wholesale Lending or Rediscounting Facility Granted to Participating Financial Institutions for On-Lending to MSMEs other than to BMBEs Loans Granted to BMBEs Reconciliation of Loans Granted to MSMEs as Reported Under Schedules 1B, 1B-1 and 2 and FRP Balance of Microfinance and SME Loans
Frequency
Submission Deadline
1B
1B-1 -
1B-2 -
2 3
Control Prooflist A-3 Unnumbered 3277.6 Summary of Loans Granted
-doAnnually
-do15th banking day after end of reference year
SDC Original - SDC
APP. 6 11.12.31
Category A-3
Form No. Unnumbered
MOR Ref. X192 (CL-050 dated 10.04.07 CL-059 dated 11.28.07) X192.2 As amended by M-2011064 dated 12.15.11 X192.6
Report Title Report on Borrowings of BSP Personnel
Frequency Quarterly
Submission Procedure Original - SDC
APP. 6 11.12.31
A-3
Unnumbered
Report on Compliance with the Mandatory Agri-Agra Credit Control Prooflist Reconciling Items Outstanding for More than Six Months on the Due from/Due to Head Office/ Branches & Agencies Account (by Banking Unit) Report on Availment of Financial Assistance to Officers and Employees under an Approved Plan
Quarterly
15 banking days after end of reference quarter -do15th banking day after end of reference semester 15th banking day after end of reference semester
cc mail: SDC sdctb-pfrs@bsp. gov.ph -doOriginal-Appropriate department of the SES -do-
-doSemestral
RB/COB Form 10 RB/COB Form 13
X338.3 X339.4 (Cir. No. 487 dated 06.03.05) X144 (CL dated 01.09.01, as amended by M-024 dated 07.31.08)
Semestral
RB/COB Form 18
Biographical Data of Directors/Officers If submitted in diskette form - Notarized first page of each of the directors'/officers' biodata saved in diskette and control prooflist If sent by electronic mail - Notarized first page of Biographical Data or Notarized list of names of Directors/Officers whose Biographical data were submitted thru electronic mail to be faxed to SDC (CL dated 01.09.01)
After election or appointment and as change occurs
7th day from the date of the meeting of the board of directors in which the directors/officers are elected or appointed
cc: Mail/Diskette to SDC Original - SDC Duplicate-Appropriate department of the SES
Category
Form No.
MOR Ref. MAAB dated 09.02.05 Cir. No. 513 dated 02.10.06
Report Title Certification under oath of independent directors that he/she is an independent director as defined under Section X141.10 and that all the information thereby supplied are true and correct. Verified statement of directors/officers that he/she has all the aforesaid qualifications and none of the disqualifications. New Schedule of Banking Days/Hours Report on Crimes and Losses
Frequency
Submission Deadline
B B
RB/COB Form 19 SES Form6G
X156.2 X192.4 (As amended by Cir. Nos. 587 dated 10.26.07 and 486 dated 06.01.05) X143.4
As necessary As transaction occurs As incident occurs
7th banking day prior to effectivity of change Not later than ten (10) calendar days from knowledge of crime/ incident and complete report not later than twenty (20) calendar days from termination of examination
Original-Appropriate department of the SES SDC and SITD
Unnumbered (no precribed form) RB/COB Form 23
Report on Disqualification of Directors/Officers
As disqualification occurs As write-off occurs
Within 72 hours from receipt of report by the BOD Within 30 days after every write-off
Original-Appropriate department of the SES Original and duplicateAppropriate department of the SES
X306.5 (As amended by Cir. No. 463 dated 12.29.04)
Notice/Application for Write-off Loans, Other Credit Accommodations, advances and Other Assets
APP. 6 11.12.31
Category B B
Form No. RB/COB Form 25 RB/COB Form 26 Unnumbered
MOR Ref. X144 X334
Report Title List of Members of the Board of Directors and Officers Transmittal of Board Resolution/Written Approval on Credit Accommodation to DOSRI in compliance with Sec. 36, R.A. 8791, as amended Transmittal of Board Resolution/Written Approval On Credit Accommodations to Subsidiaries and/or Affiliates in Compliance with Sec. X328.5
Frequency Annually As transaction occurs As loan to subsidiaries and/or affiliates is approved Annually As designation by bank's board of directors occurs Semestral
Submission Deadline 10th banking day after election or appointment 20th banking day from date of approval 20 banking days after approval
Submission Procedure Original-Appropriate department of the SES -do-
APP. 6 11.12.31
X328.5 (Cir. No. 560 dated 01.31.07 ) X190.6
B B Unnumbered
Annual Report of Management to Stockholders Covering Results of Operation for the Previous Year Report on the Designation of Authorized Signatories of Bank's Reports Classified as Category A1, A2, A3 and B
180 days after close of calendar or fiscal year Within 3 banking days from the date the designation/change occurs
Original-Appropriate department of the SES -do-
X192.1
Unnumbered
X262.3
Certification of Compliance with Section 55.4 of R.A. No. 8791 Post Bond Flotation Report
Within 7 banking days after end of June and December 30th day from date of the bond flotation by the LGU
-do-
Unnumbered
X425.3
As transaction occurs As transaction occurs
DES
X409.16
Waiver of the Confidentiality of Information under Sections 2 and 3 of R.A. No. 1405, as amended
Category B
Form No. Unnumbered
MOR Ref. X235.12 (Cir. No. 467 dated 01.10.05) X235.12 (Cir. No. 467 dated 01.10.05) (MAB dated 09.02.05)
Report Title Notarized certification that the bank did not enter into repurchase agreement covering government secuities, commercial papers and other nonnegotiable securities or instruments that are not documented Report on Undocumented Repurchase Agreements
Frequency Semestral
Submission Deadline Within 72 hours from knowledge of transaction
Unnumbered
As transaction occurs Annual
5th banking day after end of the reference semester
-do-
SEC Form
General Information Sheet
30 days from date of annual stockholders' meeting, and if there are changes, 7 days from date of change 15th banking day after end of reference quarter 2nd banking day after end of reference week
Drop box-SEC Central Receiving Section
(M-005 dated 02.04.08) (M-019 dated 05.03.08)
Disclosure Statement on SPV Transactions
Quarterly
SDC
Report on Non-Deliverable USD/PHP Forward Transactions with Non-Residents
Weekly
SDC [email protected] cc: Treasury Dept. [email protected] -do-
Control Prooflist
-do-
-do-
APP. 6 11.12.31
APP. 7 08.12.31
CERTAIN INFORMATION REQUIRED FROM BANKS

[Appendix to Subsec. X192.3 (2008 - X162.3)]
1. 2. 3. 4. 5.
Name of bank Address P. O. Box Number Cable address or cable code Board of Directors including Corporate Secretary: a. Names of Chairman, Vice-Chairman and Directors; b. Number of directors per by-laws; c. Number of vacancies in the Board; d. Names of corporations where they serve as Chairman of the Board or as President and names of other business enterprises of which they are proprietors or partners; e. For the Corporate Secretary, indicate if he is also a Director; and f. Date of annual election of directors per by-laws.
6. President to Department Heads, including Auditor: a. Names and titles; b. Telephone number of each officer (office);
c. For Executive Vice Presidents, state the names of corporations where they serve as Chairman of the Board and names of other business enterprises of which they are proprietors or partners; and d. For Vice-Presidents and other officers with non-descriptive titles, indicate area of responsibility, e.g., Vice-President for Operations or Vice-President, International Department. 7. Branches, agencies and extension offices: a. Name of branch, agency or extension office, e.g., Quiapo Branch or Makati Agency; b. Address; c. Names and telephone numbers of: (1) Manager (2) Cashier (3) Accountant; and d. For agencies and extension offices, indicate name of mother branch.
Appendix 7 - Page 1
APP. 8 08.12.31
DOCUMENTS/INFORMATION ON ORGANIZATIONAL STRUCTURE AND OPERATIONAL POLICIES

[Appendix to Subsec. X192.3 (2008 - X162.3)] 1. Chart of the firms organizational structure or any substitute therefore; 2. Name of departments/units/offices with their respective functions and responsibilities; 3. Designations of positions in each department/unit/office with the respective duties and responsibilities; 4. Manual of Instructions or the like embodying the operational policies/ procedures of each department/unit/ office, covering such areas as: a) Signing/delegated authority; b) Procedure/flow of paper work; and c) Other matters; 5. Memoranda-Circulars or the like issued covering organizational and operational policies; 6. Sample copies of each of the forms/ reports used by each office/unit/ department other than those submitted to the BSP; and 7. Such other documents/information that may be required from time to time by the supervisory/regulatory department concerned.
Appendix 8 - Page 1
APP. 9 08.12.31
GUIDELINES FOR CONSOLIDATION OF FINANCIAL STATEMENTS OF BANKS AND THEIR SUBSIDIARIES ENGAGED IN FINANCIAL ALLIED UNDERTAKINGS
[Appendix to Subsec. X192.10 (2008 - X162.10)] (deleted by Cir. No. 494 dated 20 September 2005)
Appendix 9 - Page 1
APP. 10 08.12.31
FORMAT OF SELF-ASSESSMENT AND CERTIFICATION ON COMPLIANCE WITH RULES AND REGULATIONS ON BANK PROTECTION
(Name of Bank) I hereby certify that the Bank has developed and adopted an updated security program which has been reduced in writing and approved by the Banks Board of Directors in its Resolution No. ______ dated __________ and retained by this Bank in such form as will readily permit determination of its adequacy and effectiveness. I also certify that I have evaluated/assessed said security program and its implementation and that to the best of my knowledge and belief said security program equals or exceeds the standards prescribed by the Bangko Sentral rules and regulations. Attached are the results of the self-assessment prepared under my supervision regarding the Bank's security program. President Date
ASSESSMENT OF COMPLIANCE WITH RULES AND REGULATIONS ON BANK PROTECTION
(Name of Bank) I, , Security Officer of (Name of Bank), hereby certify that -
1. The Bank has a written security program approved by its board of directors and retained by this Bank in such form as will readily permit determination of its adequacy and effectiveness; 2. The security program is compliant with the standards set by BSP rules and regulations and commensurate to the Banks operations, taking into consideration its size, locations and the number of its offices. The security program of the Bank is deemed adequate to promote maximum protection of life and property against crimes and other destructive causes; prevent and discourage crimes against the Bank; and assist law enforcement agencies in the identification and prosecution of perpetrators of crimes committed against the Bank; 3. The assessment we conducted last ___________ disclosed that said security program of the Bank has faithfully been implemented by the Bank and the
APP. 10 08.12.31
implementation thereof is substantially compliant with the requirements on bank protection prescribed under Section X181 as follows: a. Guard system Description of the system b. Security devices Description of the security devices, such as: Surveillance system; Burglar alarm system; and Robbery/hold-up alarm system. c. Vaults and safes State physical description and minimum security measures designed for the vault d. Security of the premises Description of the security measures/devices for banking premises e. Automated Teller Machines (ATM) Description of security measures/devices for ATMs f. Armored car operation Description of armored vehicles and security measures adopted for them g. Employees training Describe training given There are no noted adverse deviations of the program from the requirements under BSP rules and regulations. (If there are deviations, please state, We noted the following deviations and the measures taken to address the deviations.) 4. a. b. c. d. The Bank has written procedures on the following emergency programs: Anti-robbery/hold-up plan; Bomb threat plan; Fire protection plan; and Other disaster plan like earthquake and terrorist attack.
5. The Bank periodically inspects, tests and reviews its security program and records thereof are adequately maintained and will be made readily available to the BSP for the determination of the programs adequacy and effectiveness.
Security Officer Date Noted by: President
Date
(As amended by Circular No. 620 dated 03 September 2008)
APP. 11 08.12.31
PRO-FORMA ORDER OF WITHDRAWAL FOR "NOW" ACCOUNTS

(Appendix to Sec. X225) The order of withdrawal form shall have a size of three (3) inches by seven (7) inches, and shall be on security/check paper. It shall contain as a minimum the features contained in the following pro-forma order of withdrawal: FRONT Acct. No. ______ No. _______
ORDER OF WITHDRAWAL "NOW" ACCOUNTS ____________, 20 ___ Pay to ______________ the amount of PESOS ____________________ (P________) NAME OF DRAWEE BANK Address Drawer/Depositor BACK Important 1. This order of withdrawal shall be payable only to a specific person, natural or juridical, and not to bearer nor to the order of a specific person. 2. Only the payee can encash this order of withdrawal with the drawee bank, or deposit it in his account with the drawee bank or with any other bank.
APP. 12 08.12.31
SAMPLES OF STANDARDIZED INSTRUMENTS EVIDENCING DEPOSIT SUBSTITUTE LIABILITIES

(Appendix to Subsec. X235.3) Serial No. ________ (Name of Bank) PROMISSORY NOTE Issue Date : _________, 20 ______. Maturity Date : _________, 20 ______. FOR PESOS (Present Value/Principal) (Name of Issuer/Maker) or order, the sum of PESOS (Maturity Value/Principal & Interest) subject to the terms and conditions on the reverse side hereof. promises to pay _________________________________ (Name/Account Number of Payee) (P ), (P__________), RECEIVED. Original
__________________________________ Duly Authorized Officer NOT INSURED WITH THE PHILIPPINE DEPOSIT INSURANCE CORPORATION (PDIC)
APP. 12 08.12.31
TERMS AND CONDITIONS OF A PROMISSORY NOTE

1. Computation of Yield Interest is hereby stipulated/computed at ________% per annum, compounded ( ) monthly ( ) quarterly ( ) semi-annually ( ) Others. 2. No Pretermination This promissory note shall not be honored or paid by the issuer/maker before the maturity date indicated on the face hereof. 3. Liquidated Damages In case of default, issuer/maker shall pay, in addition to stipulated interest, liquidated damages of (amount or %), plus attorneys fees of (amount or %) and costs of collection in case of suit. 4. Renewal ( ) ( ) No automatic renewal. Automatic renewal under the following terms:
5. Collateral/Delivery ( ) ( ) No automatic renewal Collateralized/secured by (describe collateral) ( ) Physically delivered to payee ( ) Evidenced by Custodian Receipt No. ___________________________________ dated _______________________ issued by ______________________________. ( ) Collateralized/secured by (fraction or %) share of (describe collateral) as evidenced by Custodian Receipt No. ___________ dated ______________ issued by ___________________________________.
6. Substitution of Securities ( ) ( ) Not acceptable to Payee Acceptable to payee, however, actual substitution shall be with prior written consent of payee.
7. Separate Stipulations ( ) This Agreement is subject to the terms and conditions of (describe document) dated , executed by (name of party/ies) and made an integral part hereof.
APP. 12 08.12.31
Serial No. (Name of Bank) REPURCHASE AGREEMENT
Original
Issue Date : __________, 20 ______. Repurchase Date : __________, 20 ______. FOR AND IN CONSIDERATION OF PESOS _______________________________________ (P ) Vendor, _______________________________________, hereby sells, (Name of Issuer/Vendor) transfers and conveys in favor of Vendee, , (Name of Vendee) the security(ies) described below, it being mutually agreed upon that the same shall be resold by Vendee and repurchased by Vendor on the repurchase date indicated above at the price of PESOS ___________________________________________________ (P____________), subject to the terms and conditions stated on the reverse side hereof. (Description of Securities) Principal Debtor/s TOTAL CONFORME: Serial Number/s Maturity Date/s Face Value P Interest/Yield P
_________________________ (Signature of Vendee)
_________________________ Duly Authorized Officer
NOT INSURED WITH THE PHILIPPINE DEPOSIT INSURANCE CORPORATION (PDIC)
APP. 12 08.12.31
TERMS AND CONDITIONS OF A REPURCHASE AGREEMENT

1. Computation of Yield Yield is hereby stipulated/computed at % per annum, compounded ( ) monthly ( ) quarterly ( ) semi-annually ( ) others 2. No Pretermination Vendor shall not repurchase subject security/ies before the repurchase date stipulated on the face of this document. 3. Liquidated Damages In case of default, the Vendor shall be liable, in addition to stipulated yield, for liquidated damages of (amount or %), plus atttorneys fees of (amount or %) and costs of collection in case of suit. 4. Renewal ( ) No automatic renewal ( ) Automatic renewal under the following terms:
5.
Delivery/Custody of Securities ( ) Physically delivered to payee ( ) Evidenced by Custodian Receipt No. _______________________________, dated ___________________________, Issued by _______________________________.
6.
Substitution of Securities ( ) Not acceptable to Payee ( ) Acceptable to payee, however, actual substitution shall be with prior written consent of payee.
7.
Separate Stipulations ( ) This Agreement is subject to the terms and conditions of (describe document) dated _______________________________, executed by (name of party/ies) and made an integral part hereof.
APP. 12 08.12.31
Serial No. (Name of Bank) CERTIFICATE OF ASSIGNMENT WITH RECOURSE
Original
Issue Date: _____________, 20 _____. FOR AND IN CONSIDERATION OF PESOS _________________________________________ (P _____________), ____________________________ hereby assigns, conveys, and transfers (Name of Assignor) with recourse to____________________________ the debt of (Name of Assignee) (Name of Principal Debtor) to the Assignor, specifically described as follows: (Description of Debt Securities) Principal Debtor/s Serial Number/s Maturity Date/s Face Value P P Interest/Yield P P
TOTAL
and Assignor hereby undertakes to pay, jointly and severally with the Principal Debtor, the face value of, and the interest/yield on, said debt securites. This assignment shall be subject to the terms and conditions on the reverse side hereof. C O N F O R M E :
(Signature of Assignee)
Duly Authorized Officer
APP. 12 08.12.31
TERMS & CONDITIONS OF CERTIFICATE OF ASSIGNMENT WITH RECOURSE

1. No Pretermination Assignor shall not pay nor repurchase subject security/ies before the maturity date thereof. 2. Liquidated Damages In case of default, Assignor shall be liable, in addition to interest, for liquidated damages of (amount or %) plus attorneys fees of (amount or %) and costs of collection in case of suit. 3. Delivery/Custody of Securities ( ) Physically delivered to Assignee ( ) Evidenced by Custodian Receipt No. _________________ dated __________________, issued by ________________________, 4. Separate Stipulations ( ) This Agreement is subject to the terms and conditions of _________________________ __________________, dated _______________ executed by name of party/ies and made an integral part hereof.
APP. 12 08.12.31
Serial No.
Original
(Name of Bank) CERTIFICATE OF ASSIGNMENT WITH RECOURSE Issue Date: _____________, 20 _______. FOR AND IN CONSIDERATION OF PESOS _________________________________________ ), ___________________________________ hereby assigns, conveys, (Name of Assignor) and transfers with recourse to __________________________________________ the debt of (Name of Assignee) _______________________________ to the Assignor, specifically described as follows: (Name of Principal Debtor) (Description of Debt Securities) Principal Debtor/s Serial Number/s Maturity Date/s TOTAL Face Value P P Interest/Yield P P (P
and hereby undertakes that in case of default of the Principal Debtor, Assignor shall pay the face value of interest/yield on, said debt securities, subject to the terms and conditions on the reverse side hereof. C O N F O R M E :
____________________________ (Signature of Assignee)
__________________________ Duly Authorized Officer
APP. 12 08.12.31
TERMS & CONDITIONS OF CERTIFICATE OF ASSIGNMENT WITH RECOURSE

1. No Pretermination Assignor shall not pay nor repurchase subject security/ies before the maturity date thereof. 2. Liquidated Damages In case of default, Assignor shall be liable, in addition to interest, for liquidated damages of (amount or %) plus attorneys fees of (amount or %) and costs of collection in case of suit. 3. Delivery/Custody of Securities ( ) Physically delivered to Assignee ( ) Evidenced by Custodian Receipt No. _________________ dated __________________, issued by , 4. Separate Stipulations ( ) This Agreement is subject to the terms and conditions of _________________________ __________________, dated ______________ executed by (name of party/ies) and made an integral part hereof.
APP. 12 08.12.31
Serial No. (Name of Bank) CERTIFICATE OF PARTICIPATION WITH RECOURSE
Original
Issue Date: ____________, 20 _____ FOR AND IN CONSIDERATION OF PESOS ______________________________________, this certificate of participation is hereby issued to evidence the _______________________ (fraction or %) share of in the (Name of Participant) loan/s of ___________________________________ granted by/assigned to the herein issuer, specifically described as follows: (Description of Debt Securities) Principal Debtor/s Serial Number/s Maturity Date/s Face Value P TOTAL P Interest/Yield P P
The issuer shall pay, jointly and severally with the principal debtor, ______________________ (fraction or %) share of the face value of, and the interest/yield on, said debt security(ies), subject to the terms and conditions on the reverse side hereof. C O N F O R M E :
___________________________ (Signature of Participant)
____________________________ (Duly Authorized Officer)
APP. 12 08.12.31
TERMS & CONDITIONS OF CERTIFICATE OF PARTICIPATION WITH RECOURSE

1. No Pretermination Issuer shall not pay nor repurchase the participation before the maturity date of subject security(ies). 2. Liquidated Damages In case of default, the issuer of this instrument shall be liable, in addition to interest, for liquidated damages of (amount or %) , plus attorneys fees of (amount or %) and costs of collection in case of suit. 3. Delivery/Custody of Securities ( ) Physically delivered to Participant ( ) Evidenced by Custodian Receipt No. _________________ dated _____________, issued by . 4. Separate Stipulations ( ) This Agreement is subject to the terms and conditions of (describe document) __________________________________ dated ______________________ executed by (name of party/ies) and made an integral part hereof.
APP. 12 08.12.31
Serial No. (Name of Bank) CERTIFICATE OF PARTICIPATION WITH RECOURSE
Original
Issue Date: ____________, 20 ______ FOR AND IN CONSIDERATION OF PESOS ______________________________________, this certificate of participation is hereby issued to evidence the _______________________ (fraction or %) share of in the loan/s (Name of Participant) of ________________________________ granted by/assigned to the herein issuer, specifically described as follows: (Description of Debt Securities) Principal Debtor/s Serial Number/s Maturity Date/s Face Value P P Interest/Yield P P
TOTAL
In case of default of the Principal Debtor, the issuer shall pay the ________________________ (fraction or %) share of the face value of, and the interest/yield on, said debt security(ies), subject to the terms and conditions on the reverse side hereof. C O N F O R M E :
__________________________ (Signature of Participant)
__________________________ Duly Authorized Officer)
APP. 12 08.12.31
TERMS & CONDITIONS OF CERTIFICATE OF PARTICIPATION WITH RECOURSE

1. No Pretermination Issuer shall not pay nor repurchase the participation before the maturity date of subject security(ies). 2. Liquidated Damages In case of default, the issuer of this instrument shall be liable, in addition to interest, for liquidated damages of (amount or %) , plus attorneys fees of (amount or %) and costs of collection in case of suit. 3. Delivery/Custody of Securities ( ) Physically delivered to Participant ( ) Evidenced by Custodian Receipt No. __________________________ dated , issued by _________________________________. 4. Separate Stipulations ( ) This Agreement is subject to the terms and conditions of (describe document) __________________ dated _________________ executed by (name of party/ies) and made an integral part hereof.
APP. 13 08.12.31
NEW RULES ON THE REGISTRATION OF LONG-TERM COMMERCIAL PAPERS

(Appendix to Subsecs. X239.2 and X239.5) Pursuant to Section 4(b) of the Revised Securities Act and other existing applicable laws, the Securities and Exchange Commission (SEC) hereby promulgates the following New Rules and Regulations governing long-term commercial papers, in the interest of full disclosure and protection of investors and lenders, in accordance with the monetary and credit policies of the BSP: Sect. 1. Scope. These Rules shall apply to long-term commercial papers issued by corporations. Sec. 2. Definitions. For purposes of these Rules, the following definitions shall apply: a. Long-term commercial papers shall refer to evidence of indebtedness of any corporation to any person or entity with maturity period of more than 365 days. b. Interbank loan transactions shall refer to borrowings between and among banks and QBs. c. Issue shall refer to the creation of commercial paper and its actual or constructive delivery to the payee. d. Appraised value shall refer to the value of chattle and real property as established by a duly licensed and independent appraiser. e. Current market value shall refer to the value of the securities at current prices as quoted at the stock exchanges. f. Recomputed debt-to-equity ratio shall refer to the proportion of total outstanding liabilities, including the amount of long-term commercial papers applied for, and any unissued authorized commercial papers to net worth. g. Specific person shall refer to a duly named juridical or natural person as an investor for its or his own account, a trustee for one or more trustors, an agent or fund manager for a principal under a fund management agreement, and does not include numbered accounts. h. Net worth shall refer to the excess of total assets over total liabilities, net of appraisal surplus. i. Subsidiary shall refer to a company more than fifty percent (50%) of the outstanding voting stock of which is directly or indirectly owned, controlled, or held with power to vote by another company. j. Affiliates shall refer to a concern linked, directly or indirectly, to another by means of: 1) Ownership, control and power to vote of 10% but not more than 50% of the outstanding voting stock. 2) Common major stockholders; i.e., owning 10% but not more than 50% of the outstanding voting stock. 3) Management contract or any arrangement granting power to direct or cause the direction of management and policies. 4) Voting trustee holding 10% but not more than 50% of the outstanding voting stock. 5) Permanent proxy constituting 10% but not more than 50% of the outstanding voting stock. k. Underwriting shall refer to the act or process of distributing and selling of any kind of original issues of long-term commercial papers of a corporation other than those of the underwriter itself, either on guaranteed or best-effort basis. I. Trust accounts shall refer to those accounts with a financial institution authorized by the BSP to engage in trust functions, wherein there is a trustortrustee relationship under a trust agreement.
APP. 13 08.12.31
Sec. 3. Conditions for Registration. Longterm commercial papers shall be registered under any of the following conditions: a. Collateral The amount of long-term commercial papers applied for is covered by the following collaterals which are not encumbered, restricted or earmarked for any other purpose and which shall be maintained at their respective values at all times, indicated in relation to the face value of the long-term commercial paper issue:
1) Securities listed in the stock exchanges 2) Registered real estate mortgage 3) Registered chattel mortgage on heavy equipment, machinery, and similar assets acceptable to the Commission and registrable with the appropriate government agency Current market value of 200%
compliance with the registration requirements specified in Sec. 4 hereof. The conditions under which the commercial papers of a registrant were registered shall be stictly maintained during the validity of the Certificate of Registration. Sec. 4. Registration Requirements. Any corporation desiring to issue long-term commercial papers shall apply for registration with, and submit to, the SEC the following: a. Sworn Registration Statement in the form prescribed by the SEC; b. Board resolution signed by a majority of its members 1) authorizing the issue of long-term commercial papers; 2) indicating the aggregate amount to be applied for; 3) stating purpose or usage of proceeds thereof; 4) providing that the registration statement shall be signed by any of the following: the principal executive officer, the principal operating officer, the principal financial officer, or persons performing similar functions; and 5) designating at least two (2) senior officers with a rank of vice-president, or higher of their equivalent, to sign the commercial paper instruments to be issued. c. The latest audited financial statements and should the same be as of a date more than three (3) months prior to the filing of the registration statements, an unaudited financial statement as of the end of the immediately preceding month: Provided, however, That such unaudited financial statement shall be certified under oath by the accountant and the senior financial officer of the applicant duly authorized for the purpose and substituted with an audited financial statement within 105 days after the end of the applicant's fiscal year;
- Appraised value of 150% - Appraised value of 200%
b. Financial Ratios A registrant who meets such standard,as may be prescribed by the SEC, based on the following complementary financial ratios for each of the immediate past three (3) fiscal years: 1) Ratio of (a) the total cash, marketable securities, current receivables to (b) the total of current liabilities; 2) Debt-to-equity ratio, with debt referring to all kinds of indebtedness, including guarantees; 3) Ratio of (a) net income after taxes to (b) net worth. 4) Net profits to sales ratio; and 5) Such other financial indicators, as may be required by the SEC. c. Debt-to-equity The recomputed debt-to-equity ratio of the applicant based on the financial statements required under Sec. 4.c. hereof shall not exceed 4:1: Provided, that the authorized short-term commercial papers do not exceed 300% of net worth and upon
APP. 13 08.12.31
d. Schedules A to L based on Subsection c above, in the form attached as Annex "A"; e. Income statements for the immediate past three (3) fiscal years audited by an independent certified public accountant: Provided, That if the applicant has been in operation for less than three (3) years, it shall submit income statements for such number of years that it has been in operation; f. An underwriting agreement for the long-term commercial paper issues with an expanded commercial bank or an investment house (IH), or any other financial institution which may be qualified subsequently by the BSP with minimum condition, among others, that the underwriter and the issuer shall be jointly responsible for complying with all reportorial requirements of the SEC and the BSP in connection with the long-term commercial paper issue, it being understood that the primary responsibility for the submission of the report of these regulatory agencies is upon the underwriter during the effectivity of the underwriting agreement and thereafter, the responsibility shall devolve upon the issuer: Provided, however, That if the issuer is unable to provide the information necessary to meet such reportorial requirements, the underwriter shall, not later than two (2) working days prior to the date when the report is due, notify the SEC of such inability on the part of the issuer: Provided, further, That if the underwriting agreement is with a group composed of UBs and/or IHs or any FIs which may be qualified subsequently by the BSP, there shall be a syndicate manager acting and responsible for the group: Provided, finally, That the underwriter may be changed subject to prior approval by the SEC; g. A typewritten copy of a preliminary prospectus approved by the applicant's board of directors which, among others, shall contain the following:
1) A statement printed in red on the left-hand margin of the front page, to wit: "A registration statement relating to these long-term commercial papers has been filed with, but has not yet been approved by, the SEC. Information contained herein is subject to completion or amendment. These long-term commercial papers may not be sold nor may offers to buy be accepted prior to the approval of the registration statement. This preliminary prospectus shall not constitute an offer to buy nor shall there be any sale of these long-term commercial papers in the Philippines as such offer, solicitation or sale is prohibited prior to registration under the Revised Securities Act". 2) Aggregate maximum amount applied for, stated on the front page of the prospectus; 3) Description and nature of the applicant's business; 4) Intended use of proceeds; 5) Provisions in the underwriting agreement, naming the underwriter and its responsibilities in connection with, among others, the reportorial requirements under these Rules; 6) Other obligations of the applicant classified by maturities - maturing within six (6) months; from six (6) months to be one (1) year; and one (1) year and past-due amounts; 7) List of assets which are encumbered, restricted or earmarked for any other purposes; 8) List of directors, officers and stockholders owning two percent (2%) or more of the total outstanding voting stock of the corporation, indicating any advance to said directors, officers and stockholders; and 9) List of entities where its owns more than 33- 1/3% of the total outstanding voting stock, as well as borrowings from, and advances to, said entities. h. Projected annual cash flow statement presented on a quarterly basis
APP. 13 08.12.31
as of the approximate date of issuance for a period coterminus with the life time of the issue, indicating the basic assumptions hereto and supported by schedules on actual maturity patterns of outstanding receivables and liabilities (under six (6) months, six (6) months to one (1) year, over one (1) year, and past-due accounts) and inventory turnover; and i. Data on financial indicators as may be prescribed by the SEC for each of the immediate past three (3) fiscal years, such as on solvency, liquidity and profitability. The SEC may, whenever it deems necessary, impose other requirements in addition to those enumerated above. Sec. 5. Action on Application for Registration a. Within sixty (60) days after receipt of the complete application for registration, the SEC shall act upon the application and shall, in the appropriate case, grant the applicant a Certificate of Registration and Authority to Issue Long-Term Commercial Papers valid for one (1) year, which may be renewed annually with respect to the unissued balance of the authorized amount upon showing that the registrant has strictly complied with the provisions of these Rules and the terms and conditions of the Certificate of Registration. b. The SEC shall return any application for registration, in cases where the requirements of applicable laws and regulations governing the issuance of longterm commercial papers have not been complied with, or for other reasons which shall be so stated. Sec. 6. Close-end Registration. Registration of long-term commercial papers under these Rules shall be a close-end process whereby the portion of the authorized amount already issued shall be deducted from the authorized amount and may no longer be reissued even if reacquired in any manner, pursuant to the terms and conditions of issue.
Sec. 7. Long-Term Commercial Papers Exempt Per Se. The following specific longterm debt instruments are exempt per se from the provisions of these Rules: a. Evidence of indebtedness arising from interbank loan transactions; b. Evidence of indebtedness issued by the national and local governments; c. Evidence of indebtedness issued by government instrumentalities, the repayment and servicing of which are fully guranteed by the National Government; d. Evidence of indebtedness issued to the BSP under its open market and/or rediscounting operations; e. Evidence of indebtedness issued by the BSP, Philippine National Bank (PNB), Development Bank of the Philippines (DBP) and Land Bank of the Philippines (LBP); f. Evidence of indebtedness issued to the following primary institutional lenders: banks including their trust accounts, trust companies, QBs, IHs including their trust accounts, financing companies, investment companies, NSLAs, venture capital corporations, special purpose corporations referred to in Central Bank Monetary Board Resolution No. 1051 dated 19 June 1981, insurance companies, government financial institutions, pawnshops, pension and retirement funds approved by the Bureau of Internal Revenue (BIR), educational assistance funds established by the national government and other entities that may be classified as primary institutional lenders by the BSP, in consultant with the SEC: Provided, That all such evidences of indebtedness shall be held on to maturity and shall neither be negotiated nor assigned to any one other than the BSP and the DBP, with respect to private development banks in connection with their rediscounting privileges; g. Evidence of indebtedness, the total outstanding amount of which does not exceed P15.0 million and issued to not more than fifteen (15) primary lenders
APP. 13 08.12.31
other than those mentioned in subsection (f) above, which evidence of indebtedness shall be payable to specific persons, and not to bearers, and shall neither be negotiated nor assigned but held on to maturity: Provided, That the aggregate amount of P15.0 million shall include outstanding short-term commercial papers: Provided, further, That in reckoning compliance with the number of primary lenders under this section, holders of such papers exempt under Sec. 4(f) of the Rules on Registration of Short-Term Commercial Papers, as amended, shall be counted: Provided, furthermore, That such issuer shall: 1) File a disclosure statement prior to the issuance of any evidence of indebtedness; and a quarterly report on such borrowings in the forms prescribed by the SEC; and 2) Indicate in bold letters on the face of the instrument the words "NONNEGOTIABLE, NON-ASSIGNABLE": Provided, finally, That any issuer, in accordance with the Rules on Registration of Long-Term Commercial Papers and Bonds dated 15 October 1976 and withoutstanding long-term commercial papers falling under this subsection as of the effectivity date hereof, shall likewise file the prescribed disclosure statement and the quarterly report on such borrowings; h. Evidence of indebtedness denominated in foreign currencies; and i. Evidence of indebtedness arising from bona fide sale of goods or property. Sec. 8. Other Long-Term Commercial Papers Exempt from Registration. The following long-term commercial papers shall be exempt from registration under Secs. 3 and 4 hereof, but shall be subject to the payment of the exemption fee, as prescribed under Sec. 14, and to the reportorial requirements under Sec. 15 of these Rules:
a. Long-term commercial papers issued by a financial intermediary authorized by the BSP to engage in quasibanking functions; and b. Long-term commercial papers fully secured by debt instruments of the National Government and the BSP and physically delivered to the trustee in the Trust Indenture. Sec. 9. Prohibition a. No long-term commercial papers shall be issued or negotiated or assigned unless the requirements of these Rules shall have been complied with: Provided, That no registered long-term commercial paper issuer may issue long-term commercial paper exempt per se under Sec. 7(g) hereof. b. There shall be no pretermination of long-term commercial papers either by the issuer or the lender within 730 days from issue date. Pretermination shall include optional redemption, partial installments, and amortization payments; however, installment and amortization payments may be allowed, if so stipulated in the loan agreement. Sec. 10. Compliance with Bangko Sentral Quasi-Banking Requirements. Nothing in these Rules shall be construed as an exemption from, or a waiver of, the applicable BSP rules and regulations governing the performance of quasibanking functions. Any violation of said BSP rules and regulations shall be considered a violation of these Rules. Sec. 11. Conditions of the Authority to Issue Long-Term Commercial Papers a. During the effectivity of the underwriting agreement, should the issuer fail to pay in full any interest due on, or principal of long-term commercial paper upon demand at stated maturity date, the Authority to Issue Long-Term Commercial Papers shall be automatically suspended.
APP. 13 08.12.31
The underwriter shall, within the next working day, notify the SEC thereof, and the SEC shall forthwith issue a formal Cease and Desist Order enjoining both the issuer and the underwriter from further issuing or underwriting long-term commercial papers. b. Upon the expiration of the underwriting agreement, it shall be the responsibility of the issuer to notify the SEC that it failed to pay in full any interest due on, or principal of, long-term commercial paper upon demand at stated maturity date and has accordingly automatically suspended the issuance of its long-term commercial papers. Within the next working day, the SEC shall forthwith issue a formal Cease and Desist Order enjoining the issuer from further issuing long-term commercial papers. c. Whenever necessary to implement the monetary and credit policies promulgated from time to time by the Monetary Board of the BSP, the SEC may suspend the Authority to Issue Long-Term Commercial Papers, or reduce the authorized amount thereunder, or schedule the maturities of the registered long-term commercial paper to be issued. Sec. 12. Basic Features of Registered Commercial Papers a. All registered commercial paper instruments shall have a standard format, serially pre-numbered, and denominated. The instrument shall state, among others, the debt ceiling of the registrant and a notice that information about the registrant submitted in connection with the registration and other reportorial requirements from the issuer is available at the SEC and open to public inspection and that the issuer is not authorized by the BSP to perforrm quasi-banking functions. b. A specimen of the proposed commercial paper instrument shall be submitted to the SEC for approval of the text thereof.
c. The instrument approved by the SEC shall be printed by an entity authorized by the SEC and shall be released by the SEC to the issuer. Sec. 13. Minimum Principal Amount. The minimum principal amount of each registered long-term commercial paper instrument shall not be lower than the amounts indicated in the following schedule: a. Up to two years P100,000 b. Over two years but less than four years 50,000 c. Four years or more 20,000 Sec. 14. Fees. Every registrant shall pay the following fees. a. Upon application for registration, a filing fee of 1/20 of 1% based on total commercial paper proposed to be issued, but not to exceed P75,000. b. For issuers of commercial papers exempt under Section 8 hereof, an annual exemption fee of P10,000. Sec. 15. Periodic Reports a. Issuers of registered long-term commercial papers, through their underwriters and those exempt under Sec. 8 hereof, shall submit the following reports in the form prescribed by the SEC: 1) Mothly reports on long-term commercial papers outstanding as at the end of each month to be submitted within ten (10) working days following the end of the reference month; 2) Quarterly reports on long-term commercial paper transactions, accompanied by an interim quarterly financial statement to be submitted within thirty (30) calendar days following the end of the reference quarter; and 3) Actual quarterly cash flow statement to be submitted within ten (10) working days following the end of the reference quarter. b. These periodic reports shall be signed under oath by the corporate officers
APP. 13 08.12.31
authorized, pursuant to a board resolution previously filed with the SEC. c. Issuers whose offices are located in the provinces may, through their underwriters, submit their reports to the nearest extension office of the SEC. Sec. 16. Administrative Sanctions. If the SEC finds that there is a violation of any of these Rules and Regulations and implementing circulars or that any issuer, in a registration statement and its supporting papers, as well as in the periodic reports required to be filed with the SEC and the BSP, has made any untrue statement of a material fact or omitted to state any material fact required to be stated therein or necessary to make the statements therein not misleading, or refuses to permit any lawful examination into its corporate affairs, the SEC shall, in its discretion, impose any or all of the following sanctions: a. Suspension or revocation, after proper notice and hearing, of the certificate of Registration and Authority to Issue Commercial Papers; b. A fine in accordance with the guidelines that the SEC shall issue from time to time: Provided, however, That such fine shall in no case be less than P200 nor more than P50,000 for each violation, plus not more than P500 for each day of continuing violation. Annex "B" hereof shall initially be the guidelines on the scale of fines; c. Other penalties within the power of the SEC under existing laws; and d. The filing of criminal charges against the individuals responsible for the violation. Sec. 17. Cease and Desist Order a. The SEC may, on its own motion or upon verified complaint by an aggrieved party, issue a Cease and Desist Order ex parte, if the violation(s) mentioned in Sec. 16 hereof may cause great or irreparable injury to the investing public or will amount to palpable fraud or
violation of the disclosure requirements of the Revised Securities Act and of these Rules and Regulations. b. The issuance of such Cease and Desist Order automatically suspends the Authority to Issue Long-Term Commercial Papers. c. Such Cease and Desist Order shall be confidential in nature until after the imposition of the sanctions mentioned in Sec. 16 hereof shall have become final and executory. d. Immediately upon the issuance of an ex parte Cease and Desist Order, the SEC shall notify the parties involved, and schedule a hearing on whether to lift such order, or to impose the administrative sanctions provided for in Sec. 16 not later than fifteen (15) days after receipt of notice. Sec. 18. Repealing Clause. The Rules and Regulations supersede the Rules on Registration of Long-Term Commercial Papers and Bonds dated 15 October 1976 and all the amendments to said Rules except as provided in Sec. 19 hereof. All other rules, regulations, orders, memoranda circular of the SEC, which are inconsistent herewith are likewise hereby repealed or modified accordingly. Sec. 19. Transitory Provision a. Any Authority to Issue or Certificate of Exemption to Register Long-term Commercial Papers, granted under the Rules on Registration of Long-Term Commercial Papers dated 15 October 1976, valid and subsisting as of the date of the effectivity of these Rules, shall remain valid with respect only to all outstanding issues until such issues are retired or redeemed. b. The SEC may, at its discretion and subject to such conditions it may impose, authorize issuance of any unissued portion of the issuer's approved long-term debt ceiling solely for refinancing of maturing
APP. 13 08.12.31
long-term commercial paper issue for a period not beyond fifteen (15) months from the effectivity date of these Rules. Sec. 20. Effectivity. These Rules and Regulations shall take effect fifteen (15) days after publication in two newspapers of general circulation in the Philippines. Mandaluyong, Metro-Manila, Philippines, 17 May 1984.
APPROVED: (Sgd.) JOSE B. FERNANDEZ Chairman Monetary Board of the Central Bank of the Philippines
(Sgd.) CESAR E. A. VIRATA Minister Ministry of Finance
(Sgd.) MANUEL G. ABELLO Chairman Securities and Exchange Commission
(Ed. Note: Annexes "A" and "B" are not reproduced in this Appendix.)
APP. 14 08.12.31
NEW RULES ON REGISTRATION OF SHORT-TERM COMMERCIAL PAPERS

(Appendix to Sec. X348) Pursuant to Presidential Decree No. 678, as amended by Presidential Decree No. 1798, and other existing applicable laws, the SEC hereby promulgates the following new Rules and Regulations governing short-term commercial papers, in the interest of full disclosure and protection of investors and lenders, in accordance with the monetary and credit policies of the BSP. Section 1. Scope. These Rules and Regulations shall apply to short-term commercial papers issued by corporations. Sec. 2. Definition. For the purpose of these Rules, the following definitions shall apply: (a) Commercial paper is an evidence of indebtedness of any corporation to any person or entity with a maturity of three hundred sixty-five (365) days or less. (b) Interbank loan transactions shall refer to borrowings between and among banks and non-bank financial intermediaries duly authorized to perform quasi-banking functions. (c) Issue means creation of a commercial paper and its actual or constructive delivery to the payee. Sec. 3. Registration of Commercial Papers Any corporation desiring to issue commercial papers shall apply for registration with, and submit to, the SEC the following: (a) Ordinary Registration; (1) Sworn Registration Statement in the prescribed form; (2) Board resolution signed by majority of its members (a) authorizing the issue of commercial paper, (b) indicating the aggregate amount to be applied for, (c) providing that the registration statement shall be signed by the principal executive officer, the principal operating officer, the principal financial officer, the comptroller, or principal accounting officer, or persons performing similar functions, and (d) designating at least two senior officers with a rank of vice-president or higher, or their equivalent, to sign the commercial paper instrument to be issued; (3) The latest audited financial statements; and should the same be as of a date more than three (3) months prior to the filing of the registration statement, an audited financial statement as of the end of the immediately preceding month: Provided, however, That such unaudited financial statements shall be certified under oath by the accountant and the senior financial officer of the applicant, duly authorized for the purpose, and substituted with an audited financial statement within 120 days after the end of the applicant's fiscal year. (4) Schedules, based on sub-section (3) above, in the form attached as Annex "A"; (5) A committed credit line agreement with a bank, or any FI which may be qualified subsequently by the BSP, earmarked specifically for repayment of aggregate outstanding commercial paper issues on a pro-rata basis, with the following features: (i) A firm, irrevocable commitment to make available funds to cover at least 20% of the aggregate commercial papers outstanding at any time: Provided, That if the commitment is extended by a group, there shall be a lead bank or any FI which may be qualified subsequently by the BSP acting for the group; (ii) The commitment shall be effective for as long as the issues are outstanding
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and may be renewed by the bank or any FI which may be qualified subsequently by the BSP; (iii) The request for drawdown shall be addressed to the bank or any FI which may be qualified subsequently by the BSP, which request shall be duly signed by a member of the board of directors and a senior financial officer of the commercial paper issuer, duly authorized for the purpose by an appropriate board resolution, which shall also provide for the designation of the alternate signatories (likewise a member of the board of directors and a senior financial officer); (iv) A provision that availments shall be allowed only for repayment of commercial papers which are due and payable in accordance with the terms of the commercial paper; (v) Notwithstanding the foregoing requirements for a committed credit line with a bank, or any FI which may be qualified subsequently by the BSP, any corporation desiring to issue commercial papers may be exempted from compliance therewith by the SEC, should it meet all of the following financial ratios based on consolidated AFs for the immediate past three (3) years: 1) Average current ratio shall be at least 1.2:1 computed as follows: Current Assets Current Ratio = ---------------------------Current Liabilities Average acid-test ratios shall be at least 0.5:1 computed as follows: Cash, receivables, and securities Acid-test ratio = marketable ____________________ Current Liabilities 2) Average solvency position shall be one whereby total assets must not be less than total liabilities;
3) Average net profit margin shall be at least 3% computed as follows:

Net income after income tax, corporate development taxes, and other non-cash Acid-test ratio = charges Net sales or revenues
OR Average annual return on equity shall be at least 8% computed as follows:

Net income after income tax, corporate development taxes, and other non-cash Return on equity = charges Total stockholder's equity
4) Average interest service coverage ratio shall be at least 1.2:1 computed as follows:
Net income-before-interest expense, income tax, corporate Interest service development taxes, coverage ratio = and other non-cash charges Interest expense
5) Debt-to-equity ratio shall not exceed 2.5:1. The SEC may, in its discretion, consult with industry organization(s) such as Investment Houses Association of the Philippines (IHAP) and Bankers Association of the Philippines (BAP) and/or the Credit Information Bureau, Inc. (6) A selling agreement for the commercial paper issues with a universal bank or an investment house, or any FI which may be qualified subsequently by the BSP, with minimum conditions that the selling agent, among others, shall be responsible for ensuring that the issuer observes the provisions of these rules pertaining to the use of proceeds of the
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committed credit line and, with the issuer, shall be jointly responsible for complying with all reportorial requirements of the SEC and the BSP in connection with the commercial paper issue, it being understood that the primary responsibility for the submission of the report to said regulatory agencies is upon the selling agent: Provided, however, That if the commercial paper issuer is unable to provide the information necessary to meet such reportorial requirements, the selling agent shall, not later than two (2) working days prior to the date when the report is due, notify the SEC of such inability on the part of the issuer: Provided, finally, That if the selling agreement is with a group, composed of universal banks and/or investment houses or any FIs which may be qualified subsequently by the BSP, there shall be a syndicate manager acting and responsible for the group. (7) Income statements for the immediate past three (3) fiscal years audited by an independent certified public accountant: Provided, That if the applicant has been in operation for less than three years, it shall submit income statements for such number of years that it has been in operation. (8) A printed copy of a preliminary prospectus approved by the applicant's Board of Directors which, among others, shall contain the following: (i) A statement printed in red on the left-hand margin of the front page of the following tenor: "A registration statement relating to these short-term commercial papers has been filed with, but has not yet been approved by, the SEC. Information contained herein is subject to completion or amendment. These short-term commercial papers may not be sold nor may offer to buy be accepted prior to the time the registration statement is approved. This preliminary prospectus shall not constitute an offer to buy nor shall there be any sale of
these commercial papers in the Philippines as such offer, solicitation, or sale is prohibited prior to registration under the Securities Act, as amended by P.D. No. 678 and P.D. No. 1798." (ii) Aggregate maximum amount applied for, stated on the front page of the prospectus; (iii) Description and nature of the applicant's business; (iv) Intended use of proceeds; (v) The nature of the firm, irrevocable, and committed credit line, the amount of the line which shall be at least 20% of the aggregate outstanding commercial paper issues, proceeds of which shall be allocated on a pro-rata basis to the aggregate outstanding commercial paper issue (regardless of the order of their maturities), and the manner of availments, as stipulated in the credit line agreement between the bank and the issuer; (vi) The provision in the selling agreement naming the selling agent and the responsibilities of the selling agent in, the issuer of the proceeds of the bank committed credit line and the reportorial requirements under these rules; (vii) Other obligations of the commercial paper issuer classified by maturities (maturing within six (6) months; from six (6) months to one (1) year; over one (1) year; and past-due amounts); (viii) Encumbered assets; (ix) Directors, officers, and stockholders owning 2% or more of the total subscribed stock of the corporation, indicating any advance to said directors, officers and stockholders; (x) List of entities where it owns more than 33-1/3% of the total equity, as well as borrowings and advances to said entities; (xi) Financial statements for the immediate past three (3) fiscal years audited by an independent certified public accountant: Provided, That if the applicant has been in operation for less than three (3)
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years, it shall submit financial statements for such number of years that it has been in operation. (b) Special Registration In the case of special registration provided for under Section 10 hereof, the following shall, in addition to the immediately preceding requirements, be prepared and submitted by the selling agent on behalf of the applicant: (1) Projected annual cash flow statement as of the date of filing, presented on a quarterly basis, supported by schedules on actual maturity patterns of existing receivables and liabilities (under six (6) months, six (6) months to one (1) year, over one (1) year, and past-due amounts) and inventory turnover as of the end of the month prior to the filing of the registration statement; and (2) Complemetary financial ratios for each of the immediate past three (3) fiscal years: (i) Ratio of (a) the total of cash on hand, marketable securities, current receivables to (b) the total of current liabilities; (ii) Debt-to-equity ratio, with debt referring to all kinds of indebtedness, including guarantees; (iii) Ratio of (a) net income after taxes to (b) net worth; (iv) Net profits-to-sales ratio; and (v) Such other financial indicators as may be prescribed by the SEC. These additional data shall likewise be incorporated in the prospectus. (c) The SEC may, whenever it deems necessary, impose other requirements in addition to those enumerated in subsections (a) and/or (b) above. Sec. 4. Commercial Papers Exempt Per Se The following specific debt instruments are exempt per se from the provisions of these Rules: (a) Evidence of indebtedness arising from interbank loan transactions; (b) Evidence of indebtedness issued by the national and local governments;
(c) Evidence of indebtedness issued to the BSP under its open market and/or rediscounting operations; (d) Evidence of indebtedness issued by the BSP, PNB, DBP, LBP, GSIS, and the Social Security System (SSS); (e) Evidence of indebtedness issued to the following primary institutional lenders: banks, non-bank financial intermediaries authorized to engaged in quasi-banking functions, IHs, financing companies, investment companies, NSLAs, building and loan associations, venture capital corporations, special purpose corporations referred to in Central Bank Monetary Board Res. No. 1051 dated 19 June 1981, insurance companies, government financial institutions, and pawnshops; and other entities that may be classified as primary institutional lenders by the BSP, in consultation with the SEC: Provided , That all such evidences of indebtedness shall be held on to maturity and shall neither be negotiated nor assigned to any one other than the BSP and the DBP with respect to private development banks in connection with their rediscounting privilege; (f) Evidence of indebtedness the total outstanding amount of which does not exceed P5.0 million and issued to not more than ten (10) primary lenders other than those mentioned in subsection (e) above, which evidence of indebtedness shall be payable to a specific person and not to bearer and shall neither be negotiated nor assigned but held on to maturity; (g) Evidence of indebtedness denominated in foreign currencies; and (h) Evidence of indebtedness arising from bona fide sale of goods or property. Sec. 5. Other Commercial Papers Exempt from Registration. Commercial papers issued by any financial intermediary authorized by the BSP to engage in quasi-
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banking functions shall be exempt from registration under Sec. 3, but shall be subject to payment of the exemption fee, as provided under Sec. 15, and to the reportorial requirements under Sec. 17, all under these Rules. Sec. 6. Prohibition. No commercial paper, except of a class exempt under Secs. 4 and 5 hereof, shall be issued unless such commercial paper shall have been registered under these Rules: Provided , That no registered commercial paper issuer may issue commercial paper exempt per se under Section 4 (f) hereof. Sec. 7. Compliance with Bangko Sentral Quasi-Banking Requirements. Nothing in these Rules shall be construed as an exemption from or a waiver of the applicable BSP rules/regulations or circulars governing the performance of quasi-banking functions or financial intermediaries duly authorized to engage in quasi-banking activities. Any violation of said BSP rules/regulations or circulars shall be considered a violation of these rules and regulations. Sec. 8. Action on Application for Registration (a) Within sixty (60) days after receipt of the complete application for registration, the SEC shall act upon the application and shall, in the appropriate case, grant the applicant a Certificate of Registration and Authority to Issue Commercial Papers. (b)The SEC shall return any application for registration, in cases where the requirement of applicable laws and regulations governing the issuance of commercial papers have not been complied with, or for reasons which shall be so stated. Sec. 9. Ordinary Registration If the value of commercial papers applied for, when added to the total outstanding liabilities of the applicant, does not exceed three hundred percent (300%) of networth based on the financial statements referred to under Section 3(a) (3), the
commercial papers shall be registered upon compliance with the requirements specified in Section 3(a) hereof. The same principle shall apply in the case of renewal of the Authority to Issue Commercial Paper. Sec. 10. Special Registration If the value of commercial paper applied for exceeds 300% of networth, as contemplated in the preceding section, it shall be subject to compliance with the requirement under Sec. 3(b) hereof. Sec. 11. Validity Period of the Authority to Issue Commercial Paper. The authority to issue commercial papers shall be valid for a period of 365 days which shall be indicated in the Authority to Issue Commercial Paper, provided that renewal thereof, upon application filed at least forty five (45) days prior to its expiry date, may be for a period shorter than 365 days. Sec. 12. Conditions of the Authority to Issue Commercial Paper (a) In the event that the commercial paper issuer fails to pay in full any commercial paper upon demand at stated maturity date, the Authority to Issue Commercial Paper is automatically suspended. The selling agent shall, within the next working day, notify the SEC thereof, and the SEC shall forthwith issue a formal Cease and Desist Order, enjoining both the issuer and the selling agent from further issuing or selling Commercial papers. (b) Whenever necessary to implement the monetary and credit policies promulgated from time to time by the Monetary Board of the BSP, the SEC may suspend the Authority to Issue Commercial Paper, or reduce the authorized amount thereunder, or schedule the maturities of the registered commercial paper to be issued. Sec. 13. Basic Features of Registered Commercial Papers (a) All registered commercial paper instruments shall have a standard format,
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serially pre-numbered, and denominated. The instrument shall state, among others, the debt ceiling of the registrant and a notice that information about the registrant submitted in connection with the registration and other reportorial requirements from the issuer is available at the SEC and open to public inspection and that the issuer is not authorized by the BSP to perform quasi-banking functions. (b) A specimen of the proposed commercial paper instrument shall be submitted to the SEC for approval of the text thereof. (c) The approved instrument shall be printed by the Bangko Sentral Security Printing Plant pursuant to a prior authorization from the SEC, and shall be released by the SEC to the issuer. Sec. 14. Minimum Maturity Value. The maturity value of each registered commercial paper instrument shall not be lower than P300,000. Sec. 15. Fees. Every registrant shall pay the following fees: (a) Upon application for registration, and for renewals thereof, a filing fee of not more than 1/50th of 1% based on the total commercial paper proposed to be issued. (b) For issuers of commercial paper exempt under Sec. 5 hereof, an annual exemption fee of P10,000. Sec. 16. Notice of availment. Whenever the credit line is drawn upon, the selling agent and/or issuer shall, within two (2) working days immediately following the date of drawdown, notify the SEC of such event, indicating the amount availed of and the total availment as of that given time. Sec. 17. Periodic Reports (a) Issuers of registered commercial papers and those exempt under Sec. 5 hereof
shall submit to the SEC and the BSP the following reports in the prescribed form: (1) Monthly reports on commercial papers outstanding as at the end of each month, to be submitted within ten (10) working days following the end of the reference month; (2) Quarterly reports on commercial paper transactions accompanied by an interim quarterly financial statement to be submitted within thirty (30) calendar days following the end of the reference quarter; and (3) For issuers whose application for registration was under Sec. 10 hereof, the projected quarterly cash flow statements with the corresponding quarter's actual figure to be submitted within ten (10) working days following the end of the reference quarter; (b) These periodic reports shall be signed under oath by the corporate officers authorized pursuant to a board resolution previously filed with the SEC; (c) Issuers whose offices are located in the provinces may submit their reports to the nearest extension offices of the SEC. Sec. 18. Administrative Sanctions. If the SEC finds that there is a violation of any of these Rules and Regulations and implementing circulars or that any issuer, in a registration statement and its supporting papers, as well as in the periodic reports required to be filed with the SEC and the BSP, has made any untrue statement of a material fact, or omitted to state any material fact required to be stated therein or necessary to make the statements therein not misleading, or refuses to permit any lawful examination into its corporate affairs, the SEC shall, in its discretion, impose any or all of the following sanctions: (a) Suspension or revocation, after proper notice and hearing, of the Certificate of Registration and Authority to Issue Commercial Paper; (b) A fine in accordance with the guidelines that the Commission shall issue from time to time: Provided, however, That
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such fine shall in no case be less than P200 or more than P50,000 for each violation, plus not more than P500 for each day of continuing violation. Annex "B" hereof shall initially be the guideline on the scale of fines; (c) Other penalties within the power of the Commission under existing laws; and (d) The filing of criminal charges against the individuals responsible for the violation. Sec. 19. Cease and Desist Order. The Commission may, on its own motion or upon verified complaint by an aggrieved party, issue a Cease and Desist Order ex parte if the violation(s) mentioned in Sec. 18 may cause great or irreparable injury to the investing public or may amount to palpable fraud, or violation of the disclosure requirements of the Securities Act and of these Rules and Regulations. The issuance of such Cease and Desist Order automatically suspends the Authority to Issue Commercial Papers. Such Cease and Desist Order shall be confidential in nature until after the imposition of the sanctions mentioned in Sec. 18 shall have become final and executory. Immediately upon the issuance of an ex parte Cease and Desist Order, the Commission shall notify the parties involved, and schedule a hearing on whether to lift such order, or to impose the administrative sanctions provided for in Sec. 18 not later than fifteen (15) days after receipt of notice. Sec. 20. Repealing Clause. These Rules and Regulations supersede the Rules on Registration of Commercial Papers dated 10 December 1975, and all the amendments to said Rules. All other rules, regulations, orders, and memoranda circular of the Commission which are inconsistent herewith are likewise hereby repealed or modified accordingly.
Sec. 21. Transitory Provision. Any Authority to Issue Commercial Papers, valid and subsisting as of the date of the effectivity of these Rules and Regulations, shall remain valid and upon its expiration may, at the discretion of the Commission and subject to such conditions as it may impose, be renewed on the basis of the Rules of Registration of Commercial Papers dated 10 December 1975 for an aggregate period not exceeding fifteen (15) months from its expiry date. Sec. 22. Effectivity. These Rules and Regulations shall take effect on 11 December 1981. Mandaluyong, Metro Manila, Philippines, 8 December 1981
(Sgd.) MANUEL G. ABELLO Chairman Securities and Exchange Commission
APPROVED:
(Sgd.) JAIME C. LAYA Chairman Monetary Board of the Central Bank of the Philippines
(Sgd.) ALFREDO PIO de RODA, JR. Acting Minister Minister of Finance
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LIST OF RESERVE - ELIGIBLE AND NON-ELIGIBLE SECURITIES

(Appendix to Sec. X254)
A. Government securities ELIGIBLE as reserves I. Direct obligations of the Government of the Republic of the Philippines eligible as reserve against peso deposit liabilities and deposit substitute liabilities: a. 4% PWED Bonds all outstanding series b. 4% NPC Bonds (26th - 50th Series except 39th Ser. which bear 6% - obligation assumed by the National Government) c. (1) 4% Treasury Bonds (30th S; 57th S; 59th-71st S; 78th-93rd S) (2) Treasury Bonds with less than 4% per annum interest considered eligible by reason of expressed BSP limited support to original purchaser: (3) 2% T/Bond L of 1973/2003 1st Series (1st & 2nd Rel.) (4) 3% T/Bond L of 1978/2008 55th Series (1st Release) (5) 4% T/bond L of 1979/2009 55th Series (2nd Release) (6) 3-1/4% T/Bond L of 1974/1999 6th Series (1st. & 2nd Rel.) (7) 3-1/4% T/Bond L of 1978/2003 54th Series (1st-3rd Rel.) d. 4% Treasury Notes L of 1980/1995 115th Series e. Bonds made specifically eligible to its holders only: (1) 4% Treasury Capital Bonds DBP only (2) 2% Capital Treasury Bonds PNB only II. Bonds and other evidences of indebtedness bearing interest rate of four percent (4%) per
annum, issued by government-owned or controlled corporations, political subdivisions and instrumentalities likewise eligible as reserves against peso deposit liabilities and deposit substitute liabilities: 1.1 4% NAWASA Bond s (1st to 9th & 13th Series) III. The following government securities bearing more than four percent (4%) per annum interest, whether Bangko Sentral supported or not, if BEING USED BY BANKS/NBQBs as reserve against deposit substitute liabilities as of 17 January 1977 shall continue to be eligible as such: Provided, That whenever said securities shall have matured, they shall be replaced by securities carrying the features/conditions enumerated under Circular No. 630, dated 8 November 1978, as amended:
6% PWED Bonds 6% NPC Bond 7% NPC Bond 8-1/2% NPC Bonds 7% MWS Capital Bonds 6% NIA Bonds 4 1/2% Treasury Bonds 4 7/10% Treasury Bonds 5% Treasury Bonds 6% Treasury Bonds 7% Treasury Bonds All outstanding issues -do-do13th - 22nd Series All outstanding issues except 15th Series -do-do7th Series 9th Series 8th Series all outstanding issues except 15th Series All outstanding issues 60th and 65th Series 101st Series (1st & 2nd Release) 56th and 61st Series 59th Series 11th, 12th and 1st Series 9th - 11th Series 3rd - 8th Series
10-3/4% Treasury Notes 9% Treasury Notes 10-1/2% Treasury Notes 10-3/4% Treasury Notes 11-3/4% Treasury Notes 6% NAWASA Bonds 10% EPZA Bonds 10-3/4% EPZA Bonds -
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B. The following government securities are NOT ELIGIBLE: whatsoever for reserve purposes:
Negotiable Land Certificate (NLC) Cultural Center of the Philippines (CCP) Bonds Philippine Charity Sweepstakes Office (PCSO) Bonds Public Estate Authority (PEA) Bonds National Development Company (NDC) Bonds National Housing Authority (NHA) Bonds National Food Authority (NFA) Bonds NHMFC Bahayan Certificates Light Rail Transit Authority (LRTA) Notes CBCIS (Auctioned/discounted) - 24th 29thSeries CBCIs (Negotiated) A to D-1 Series and 5th to 7th Series (18 months) CBCIs 10-1/2% Special Series 1st - 32nd Series Central Bank Bills (Negotiated/discounted) Treasury Bills (Negotiated/discounted) Treasury Notes and Treasury Bonds bearing less than four percent (4%) per annum, but not given BSP support as follows: Treasury Bonds 2% T/Bond L of 1973/2003 4th Series
2-3/4% T/Bond L of 1974/1986 7-A & 7-B Series 3% T/Bond L of 1976/2001 26th, 27th, 31st 34th 46th & 47th Series 3% T/Bond L of 1977/2002 49th Series 3-1/4% T/Bond L of 1974/1999 6th Series 3rd & 4th Release 3-1/4% T/Bond L of 1977/2002 6th Series 5th Release 3-1/4% T/Bond L of 1975/2000 21st Series 1st Release 3-1/4% T/Bond L of 1977/2002 21st Series 2nd Release 3-1/4% T/Bond L of 1977/2002 51st Series 1st & 2nd Release 3-1/4% T/Bond L of 1978/2003 54th Series 1st & 34th Release 3-1/4% T/Bond L of 1980/2005 58th Series 3-3/4% T/Bond L of 1973/2003 2nd Series Treasury Notes 2% T/Notes L of 1976/1991 79th Series 3% T/Notes L of 1982/1997 128th Series 3% T/Notes L of 1981/1986 120th Series & 125th Series 3-1/2% T/Notes L of 1982/1997 Special Series 1st-24th Release
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IMPLEMENTING GUIDELINES OF THE COUNTRYSIDE FINANCIAL INSTITUTIONS ENHANCEMENT PROGRAM (Appendix to Sections 2274 and 3274) Sec. 1. Statement of Policy Objectives The CFIEP aims to: a. raise the capital base of the countryside FIs by encouraging existing and new investors to infuse fresh equity into said institutions and thereby accelerate the government's economic development efforts; b. reduce the debt burden of eligible countryside FIs and the corresponding financial strain on the government in continually assisting them; and c. improve the long-term viability of the countryside FIs and establish such institutions as an effective means to mobilize savings and credit. Sec. 2. Qualified Participants The Program shall be open to the following: a. All Countryside Financial Institutions (CFIs) that meet the eligibility requirement set by the BSP except those with unrectified/ unaddressed serious irregularities based on the examination findings of the BSP. The term CFIs shall refer to all RBs, Coop banks and TBs, which have their main operations in the countryside. b. TBs as may be determined by the Task Force which have their main operations in the countryside. c. Individuals, cooperatives and/or corporations as may be qualified to make an investment in the RB or qualified TB. Sec. 3. Coverage of the Program All past due borrowings (principal and interests) with the BSP of the countryside FIs as of 31 December 2001 in the form of rediscounted loans, CB:IBRD loans other supervised credit program and special liquidity loans. Sec. 4. CFIEP Task Force To effectively attain the objectives hereinabove cited, the Task Force constituted under CBP Circular 1315 composed of the Governor of the BSP, the President of the LBP, the President of the PDIC, shall continue coordinating all activities relating to, and oversee the implementation of the CFIEP. Sec. 5. Incentives under the Program As the Task Force may allow, participants to the Program are entitled to the following incentives: a. Exemption from the forty percent (40%) limitation on voting stockholdings of any person or persons related to each other within the third degree of consanguinity or affinity, cooperatives, or corporations participating in the program, from the application of prescribed equity ceiling, as may be warranted, and for a period not to exceed twenty (20) years; and b. Waiver of penalties and other charges due on arrearages that may be redeemed under the Program. Sec. 6. Definition of Terms As used in these Guidelines: a. Investor shall refer to individuals, group of individuals, cooperative and all CFIs that meet the eligibility requirements set by the BSP except those CFIs with unrectified/ uncorrected serious irregularities based on the examination findings of the BSP. b. Arrearages shall refer to the CFIs arrearages with BSP as of 31 December 2001 which are eligible for buy-back such as past due rediscounted loans, special liquidity loans, CBP-IBRD loans and other supervised credit programs, including those other arrearages as the Task Force may determine.
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c. Converted Shares - shall refer to the arrearages converted into LBP equity in the form of common and preferred shares pursuant to BSP Circular Nos. 1143 and 1172. Sec. 7. Components of the Program The components of the Program are as follows: a. Purchase of CFI Arrearages (Module I) The investor/CFI stockholders equity infusion with the CFI shall be used to purchase negotiable promissory notes (NPNs) with the LBP valued at twice the amount actually infused by the investor. The NPNs, in turn, will be used to redeem arrearages with the BSP through the PDIC. The investor/CFI stockholders will then be issued shares of stock in the CFI equivalent to the actual amount invested and the difference between the amount actually infused and the value of the NPN issued by the LBP shall be credited to the investors which actually infused the capital. b. Land Bank Counterpart Capital (Module II) An eligible CFI is provided access to LBPs capital infusion program which essentially involves the matching on a one-to-one basis of CFIs fresh capital infusion. The LBPs matching equity shall be in preferred shares redeemable within a period of five (5) years for Business and Risk Recovery Modules, and ten (10) years for the Developmental Module. The cumulative dividend shall be equal to the average 364-day T-Bill rate for the Developmental and Risk Recovery Modules, and 364-day T-bill plus three percent (3%) for the Business Module. Other terms of LBPs investment will be determined by its board and operational details will be announced to the CFIs accordingly. c. Merger, Consolidation or Acquisition Incentives (Module III) Eligible CFIs can avail of incentives aimed at promoting mergers, consolidations or acquisitions among CFIs as a means to develop larger and stronger CFIs which may include the following:
(1) Counterpart capital infusion by the LBP by a ratio of more than one-to-one of the merged, consolidated or acquired CFIs total fresh equity; (2) PDIC financial assistance to qualified merger, consolidation or acquisition applicants to augment the capital infusion required in absorbing the adverse impact of asset write-downs and other costs as part of restructuring. The merger, consolidation or acquisition must involve a lead bank (with strong capital position and good track record) acquiring a majority stock of one (1) or more undercapitalized CFI. The amount of financial assistance shall be an amount that would generate income spread to the surviving or consolidated CFI equivalent to fifty percent (50%) of the undercapitalized CFIs eligible nonperforming loans and ROPA or unbooked valuation reserves as of 31 December 2001, whichever is higher, over a period of six (6) years as determined by the BSP; (3) CFIs availing of the financial assistance shall submit, among others, a business plan supported by a six (6) -year financial projections; and (4) The term of the loan shall be for a period of at least six (6) years. Sec. 8. Qualification to the Program CFIs, except those with unrectified/ uncorrected serious irregularities based on the examination findings of the BSP, may participate in the Program. a. Under Module I, CFIs with arrearages as defined in Sec. 6(b) hereof may qualify. b. To avail of equity matching program of the LBP under Module II, the CFI must meet the following minimum requirements: (1) A past due loans ratio of not more than twenty-five percent (25%); and (2) A loan portfolio at least sixty percent (60%) of which is in agriculture or ruralbased production activities.
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c. Under Module III, PDIC financial assistance shall be available to merging, consolidating or acquiring CFIs involving at least one (1) or more undercapitalized banks. A separate memorandum shall be issued on the guidelines for the LBP equity matching program and PDIC financial assistance. d. Investors/CFI stockholders will be evaluated based on the fit and proper rule under Sec. X143 and other criteria that the Task Force may set. CFIs investing in undercapitalized CFIs should have a minimum unimpaired capital as defined under Secs. X111 and X116 and a history of sustained profitability for a period of at least five (5) years. e. Fresh investments should at least cover the additional capital to achieve the required minimum risk-based capital adequacy ratio of ten percent (10%) after adequate provision for losses based on the latest examination findings of the appropriate department of the SES. Sec. 9. Application Procedures* a. Purchase of Arrearages under Module I (1) Investor/CFI stockholder files application (CFIEP Form No. 1-A) with the LBP together with the following requirements: (a) a proposal for financial strengthening accompanied by a three (3)-year financial projection and a subsequent two (2)-year business plan; (b) the designation of PDIC by the CFI as the attorney-in-fact to receive the NPN from LBP and to exchange the NPN for arrearages of the CFI; (c) other requirements as the Task Force may deem necessary. (2) Simultaneously, the investor/CFI stockholder deposits cash with the LBP in an amount equivalent to fifty percent (50%) of the arrearages to be redeemed, which shall be placed in a special account pending approval of application by the Task Force.
(3) Upon approval of the application, the CFI shall be duly notified by the Task Force directly or through the LBP Regional Office. (4) The LBP shall issue a Negotiable Promissory Note in favor of the CFI, with a ten (10)-year term or such period where a maturity value will be equivalent to twice the amount invested. (5) The CFI, through the PDIC as attorney-in-fact, shall exchange the NPN for the CFI arrearages equivalent to the amount of the NPN. (6) The CFI shall issue stock certificates in favor of the investor/s equivalent to the total fresh capital infusion. The difference between the amount actually infused and the value of the NPN issued by the LBP shall be credited as equity of the investor who actually infused the capital. (7) Applicants who do not qualify shall be reimbursed for their deposits including accrued interest earned. b. LBP Counterpart Capital under Module II Interested CFIs shall submit the requirements listed in CFIEP Form No. 2-B to the LBP. c. Merger and Consolidation under Module III The merging/consolidating/acquiring CFIs shall formulate a merger/consolidation/ acquisition plan which shall be an integral component of the CFIEP application documents to be submitted to the LBP Regional Office. Sec. 10. Applicability of Relevant Laws Nothing herein shall be construed as a waiver by the BSP from proceeding under Section 30 of R.A. No. 7653 or other pertinent provisions in said Act, R.A. No. 7353 (Rural Banks Act of 2000), and R.A. No. 7906 (Thrift Banks Act) in the event that circumstance shall exist as would warrant action under such provisions of law.
* Application deadline 31 March 1992
APP. 17 08.12.31
RULES GOVERNING ISSUANCE OF MORTGAGE/ CHATTEL MORTGAGE CERTIFICATE BY THRIFT BANKS

(Appendix to Subsec. 2283) A. With prior approval of the Monetary Board, TBs, whether or not authorized to engage in quasi-banking functions, may issue and deal in mortgage and chattel mortgage certificates exclusively for the purpose of financing the following loans: 1. Equipment loans; 2. Mortgage loans for acquisition of machinery and other fixed installations; 3. Loans for the conservation, enlargement or improvement of productive properties; and 4. Real estate mortgage loans (a) for the construction, aquisition, expansion or improvement of rural and urban properties; (b) for the refinancing of similar loans and mortgages; and (c) for such other purposes as may be authorized by the Monetary Board. B. The certificates shall be issued at a minimum denomination of P20,000 for a term of at least four (4) years. C. The amount of certificates which a TB may issue shall not exceed an amount equivalent to fifty percent (50%) of the total amortizations falling due during the projected term of the certificates on the mortgages/chattel mortgages pooled for the purpose of the issue. D. The maturity of the certificates shall in no case be later than any of the maturities of the mortgages/chattel mortgages constituting the pool. Mortgages and chattel mortgages on past due loans as defined under existing regulations shall not be eligible for the pool. E. All outstanding certificates shall constitute a prior preferred lien on payments or amortizations on the mortgages and chattel mortgages constituting the pool. F. If at any time, during the term of the certificates, the aggregate outstanding amount thereof should exceed the ceiling as provided in Item C above on account of any deficiency or inadequacy of the mortgages or chattel mortgages resulting from prepayments by the mortgage or chattel mortgages becoming past due as determined by existing regulations, the issuing bank shall provide additional mortgages or chattel mortgages as are current necessary to cover the deficiency. G. The issuing TB shall enter into an agreement with another bank which shall constitute the latter as custodian of the mortgages/chattel mortgages pooled for the purpose of the issue, as transfer agent of the certificates, and as its paying and securing agent, and in general shall specifically state (a) the rights, obligations and liabilities of the issuing bank and custodian banks; and (b) the rights of the holders of the certificates; (c) the mortgages making up the pool; and (d) the aggregate value of the certificates that may be issued. H. The agreement shall be available for inspection at reasonable hours during business days to the holders of the certificates, or their duly authorized representatives. I. The certificates shall have the following minimum features: 1. The certificate shall be 13 inches in length and 8.5 inches in width, and shall be serially pre-numbered and printed on security paper with safeguards against alterations and/or falsifications;
APP. 17 08.12.31
2. The description of the certificate, i.e., Mortgage Certificate or Chattel Mortgage Certificate, shall be printed on the upper center margin of the certificate; 3. The certificate shall indicate its date of issuance, the amount or denomination thereof, the rate of interest expressed as a percentage on an annual basis, and the term or maturity thereof; 4. The certificate shall contain a conspicuous notice at the lower margin thereof that the same is not insured by the Philippine Deposit Insurance Corporation (PDIC); and 5. The copy of the certificate to be issued to the investor shall be stamped or printed with the word Original and the copies retained by the issuer as Duplicate copy, File copy, or words of similar import. J. A five percent (5%) reserve shall be maintained against all issues of mortgage/
chattel mortgage certificates. The Monetary Board may change the required reserves as may be necessary. K. Any thrift bank desiring to apply for authority to issue mortgage/chattel mortgage certificates may submit its application to the appropriate department of the SES duly accompanied by the following documents: 1. Pro-forma copies of the mortgage/ chattel mortgage certificates proposed to be issued and the agreement referred to in Item G thereof; 2. Statement setting forth the details or particulars of the mortgages/chattel mortgages to be pooled for purposes of the issue and the purpose for which the proceeds will be used; and 3. Other records or data as the appropriate department of the SES may deem necessary for the proper evaluation of the banks application.
APP. 18 11.12.31
GUIDELINES IN IDENTIFYING AND MONITORING PROBLEM LOANS AND OTHER RISK ASSETS AND SETTING UP OF ALLOWANCE FOR PROBABLE LOSSES
(Appendix to Sec. X302) I. Classification of loans. In addition to classifying loans as either current or past due, the same should be qualitatively appraised and grouped as Unclassified or Classified. A. Unclassified loans. These are loans that do not have a greater-than-normal risk and do not possess the characteristics of classified loans as defined below. The borrower has the apparent ability to satisfy his obligations in full and therefore no loss in ultimate collection is anticipated. The following loans, among others, shall not be subject to classification: 1. Loans or portions thereof secured by hold-outs on deposits/deposit substitutes maintained in the lending institution and margin deposits, or government-supported securities; 2. Loans granted by Philippine branches of foreign banks to subsidiaries and affiliates in the Philippines of multinational companies which are covered by standby letters of credit (Standby LC) issued by the bank head offices in favor of their local branches, and are current in status: Provided, That the foreign bank is rated at least AA- or its equivalent by a BSP-recognized international credit assessment agency based on the guidelines for the use of third party credit assessment as provided in Appendix 63b: Provided, further, That the Standby LC is direct, explicit, irrevocable and unconditional; and 3. Loans with technical defects and deficiencies in documentation and/or collateral requirements1. These deficiencies are isolated cases where the exceptions involved are not material nor is the banks chance to be repaid or the borrowers ability to liquidate the loan in an orderly manner undermined. These exceptions should be brought to managements attention for corrective action during the examination and those not corrected shall be included in the Report of Examination under Miscellaneous Exceptions Loans. Moreover, deficiencies which remained uncorrected in the following examination shall be classified as Loans Especially Mentioned. The following are examples of loans to be cited under Miscellaneous Exceptions Loans: a. Loans with unregistered mortgage instrument which is not in compliance with the loan approval; b. Loans with improperly executed supporting deed of assignment/pledge agreement/chattel mortgage/real estate mortgage; c. Loans with unnotarized mortgage instruments/agreements; d. Loans with collaterals not covered by appraisal reports or appraisal reports not updated; e. Loan availments against expired credit line; availments in excess of credit line; availments against credit line without prior approval by appropriate authority; f. Loans with collaterals not insured or with inadequate/expired insurance policies or the insurance policy is not endorsed in favor of the bank; g. Loans granted beyond the limits of approving authority; h. Loans granted without compliance with conditions stated in the approval; and i. Loans secured by property the title
1 For purposes of classification and setting up of allowance for probable losses on mortgage loans, Official Receipt (OR) and supporting Assessment Form and Payment Order (AFPO) issued by the Land Registration Authority (LRA), bearing the same Electronic Primary Entry Book (EPEB) Entry/Reference Number, shall be considered as acceptable documentation and evidence of registration/cancellation of the mortgage instrument/encumbrance or lien.
APP. 18 11.12.31
to which bears an uncancelled annotation or lien or encumbrance. B. Classified loans. These are loans which possess the characteristics outlined hereunder. Classified loans are subdivided into (1) loans especially mentioned; (2) substandard; (3) doubtful; and (4) loss. 1. Loans especially mentioned. These are loans and advances that have potential weaknesses that deserve managements close attention. These potential weaknesses, if left uncorrected, may affect the repayment of the loan and thus increase credit risk to the bank. Their basic characteristics are as follows: a. Loans with unlocated collateral folders and documents including, but not limited to, title papers, mortgage instruments and promissory notes; b. Loans to firms not supported by board resolutions authorizing the borrowings; c. Loans without credit investigation report/s; d. Loans not supported by the documents required under Subsec. X304.1 except: consumer loans, with original amounts not exceeding P2.0 million: Provided, That these loans are current, and are supported by latest ITR or by BIR Form 2316 or payslips for at least three (3) months immediately preceding the date of loan application, and financial statements submitted for taxation purposes to the BIR, as may be applicable, at the time they were granted, renewed, restructured or extended. For this purpose, consumer loans include housing loans, loans for purchase of car, household appliance(s), furniture and fixtures, loans for payment of educational and hospital bills, salary loans and loans for personal consumption, including credit card loans; e. Loans the repayment of which may be endangered by economic or market conditions that in the future may affect the
borrowers ability to meet scheduled repayments as evidenced by a declining trend in operations, illiquidity, or increasing leverage trend in the borrowers financial statements; f. Loans to borrowers whose properties securing the loan (previously well secured by collaterals) have declined in value or with other adverse information; g. Loans past due for more than thirty (30) days up to ninety (90) days; and h. Loans previously cited as "Miscellaneous Exceptions" still uncorrected in the current BSP examination. 2. Substandard. These are loans or portions thereof which appear to involve a substantial and unreasonable degree of risk to the institution because of unfavorable record or unsatisfactory characteristics. There exists in such loans the possibility of future loss to the institution unless given closer supervision. Those classified as Substandard must have a well-defined weakness or weaknesses that jeopardize their liquidation. Such well-defined weaknesses may include adverse trends or development of financial, managerial, economic or political nature, or a significant weakness in collateral. Their basic characteristics are as follows: a. Secured loans (1) Past due and circumstances are such that there is an imminent possibility of foreclosure or acquisition of the collateral because of failure of all collection efforts; (2) Past due loans to borrowers whose properties securing the loan have declined in value materially or have been found with defects as to ownership or other adverse information; and (3) Current loans to borrowers whose AFS show impaired/negative net worth except for start-up firms which should be evaluated on a case-to-case basis. Loans and advances possessing any of the above characteristics shall be classified
APP. 18 11.12.31
Substandard at the full amount except portions thereof secured by hold-outs on deposits, deposit substitutes, margin deposits, or government-supported securities. The portions so secured are not subject to classification. b. Unsecured loans (1) Renewed/extended loans of borrowers with declining trend in operations, illiquidity, or increasing leverage trend in the borrowers financial statements without at least twenty percent (20%) repayment of the principal before renewal or extension; and (2) Current loans to borrowers with unfavorable results of operations for two (2) consecutive years or with impaired/negative net worth except for start-up firms which should be evaluated on a case-to-case basis. c. Loans under litigation; d. Loans past due for more than ninety (90) days; e. Loans granted without requiring submission of the latest AFS/ITR and/or statements of assets and liabilities to determine paying capacity of the borrower; f. Loans with unsigned promissory notes or signed by unauthorized officers of the borrowing firm; and g. Loans classified as Loans Especially Mentioned in the last BSP examination which remained uncorrected in the current examination. 3. Doubtful. These are loans or portions thereof which have the weaknesses inherent in those classified as Substandard", with the added characteristics that existing facts, conditions, and values make collection or liquidation in full highly improbable and in which substantial loss is probable. Their basic characteristics are as follows: a. Past due clean loans classified as Substandard in the last BSP examination without at least twenty percent (20%) repayment of principal during the
succeeding twelve (12) months or with current unfavorable credit information; b. Past due loans secured by collaterals which have declined in value materially such as, inventories, receivables, equipment, and other chattels without the borrower offering additional collateral for the loans and previously classified Substandard in the last BSP examination; c. Past due loans secured by real estate mortgage, the title to which is subject to an adverse claim rendering settlement of the loan through foreclosure doubtful; and d. Loans wherein the possibility of loss is extremely high but because of certain important and reasonably specific pending factors that may work to the advantage and strengthening of the asset, its classification as an estimated loss is deferred until a more exact status is determined. 4. Loss. These are loans or portions thereof which are considered uncollectible or worthless and of such little value that their continuance as bankable assets is not warranted although the loans may have some recovery or salvage value. The amount of loss is difficult to measure and it is not practical or desirable to defer writing off these basically worthless assets even though partial recovery may be obtained in the future. Their basic characteristics are as follows: a. Past due clean loans the interest of which is unpaid for a period of six (6) months; b. Loans payable in installments where amortization applicable to interest is past due for a period of six (6) months, unless well secured; c. When the borrowers whereabouts is unknown, or he is insolvent, or his earning power is permanently impaired and his co-makers or guarantors are insolvent or that their guaranty is not financially supported; d. Where the collaterals securing the loans are considered worthless and the borrower and/or his co-makers are insolvent;
APP. 18 11.12.31
e. Loans considered as absolutely uncollectible; and f. Loans classified as Doubtful in the last BSP examination and without any payment of interest or substantial reduction of principal during the succeeding twelve (12) months or have current unfavorable credit information which renders collection of the loan highly improbable. C. Credit card receivables. Credit card receivables shall be classified in accordance with age as follows: No. of days past due 91 - 120 121 - 180 181 or more Classification Substandard Doubtful Loss
The foregoing is the minimum classification requirement. Management may therefore formulate additional specific guidelines. II. Investments and Other Risk Assets A. Investment in debt securities and marketable equity securities. The classification, accounting procedures, valuation and sales and transfers of investment in all debt securities and marketable equity securities is in Appendix 33. B. Equity investment in affiliates shall be booked at cost or book value whichever is lower on the date of acquisition. If cost is greater than book value, the excess shall be charged in full to operations or booked as deferred charges and amortized as expense over a period not exceeding five (5) years. Subsequent to acquisition, if there is an impairment in the recorded value, the impairment should adequately be provided with allowance for probable losses.
C. Other property owned or acquired 1. The basic characteristics of real estate property acquired subject to "Substandard " classification are as follows: a. Acquired for less than five (5) years unless worthless. b. Converted into a Sales Contract Receivable. c. Sold subject to a firm purchase commitment from a third party before the close of the examination. 2. The basic characteristics of real estate property acquired subject to "Loss" classification are as follows: a. Foreclosure expenses and other charges included in the book value of the property, excluding the amount of non-refundable capital gains tax and documentary stamp tax paid in connection with the foreclosure/purchase which meet the criteria for inclusion in the book value of the acquired property. b. The excess of the book value over the appraised value. c. Property whose title is definitely lost to a third party or is being contested in court. d. Property wherein the exercise of the right of usufruct is not practicable or possible as when it is eroded by a river or is under any like circumstances. Real estate property acquired are not sound bank assets. Because of their nature, that is, non-liquid and non-productive, their immediate disposal through sale is highly recommended. D. Acquired or repossessed personal property 1. All personal property owned or acquired held for three (3) years or less from date of acquisition shall be classified as "Substandard " assets. 2. The basic characteristics of acquired or repossessed personal property classified as "Loss" are as follows: a. Property not sold for more than three (3) years from date of acquisition;
APP. 18 11.12.31
b. Property which is worthless or not salable; c. Property whose title is lost or is being contested in court; d. Foreclosure expenses and other charges included in the book value of the property; and e. The excess of the book value of the property over its appraised or realizable value. E. Accounts Receivable 1. Accounts receivable arising from loan and investment accounts still uncollected after six (6) months from the date such loans or loan installments have matured or have become past due shall be provided with a 100% allowance for uncollected accounts receivable. 2. All other accounts receivable should be classified in accordance with age as follows, unless there is good reason for non-classification: No. of Days Outstanding 61 - 180 181 - 360 361 or more Classification Substandard Doubtful Loss
shall be classified similar to the classification of their respective loan accounts. III. Allowance for probable losses An allowance for probable losses on the loan accounts shall be set up as follows: A. Specific allowance 1. 2. 3. 4. 5. Allowance Classification (Percent) Unclassified 0.0 Loans Especially Mentioned 5.0 Substandard (a) Secured 10.0 (b) Unsecured 25.0 Doubtful 50.0 Loss 100.0
The classification according to age of accounts receivable should be used in classifying other risk assets not covered above. However, their classification should be tempered by favorable information gathered in the review. F. Accrued Interest Receivable 1. Accrued interest receivable on loans or loan installments still uncollected after three (3) months from the date such loans or loan installments have matured or have become non-performing shall be provided with a 100% allowance for uncollected interest on loans. 2. All other accrued interest receivable on loans or loan installments
B. General allowance. In addition to the specific allowance for probable losses required under Item "A" , a general provision for loan losses shall also be set up as follows: (1) Five percent (5%) of the outstanding balance of unclassified restructured loans less the outstanding balance of restructured loans which are considered non-risk under existing laws, rules and regulations: Provided, That loans restructured/rescheduled under the debt relief and rehabilitation program for borrowers adversely affected by the super typhoons shall be treated as regular loans and shall be subject to the general loan loss provision of one percent (1%) instead of five percent (5%) applicable to restructured loans: Provided, further, That the restructuring/rescheduling of said loans are effected not later than 31 December 2011 1. (2) One percent (1%) of the outstanding balance of unclassified loans other than restructured loans less loans which are considered non-risk under existing laws, rules and regulations.
See Appendix 89
APP. 18 11.12.31
The general loan loss provision shall be computed as follows: For Loans Not Restructured
Gross Loan Portfolio (Excluding Restructured Loans) P Less: Classified Loans (based on latest BSP examination) Loans especially mentioned P xxx Substandard Secured xxx Unsecured xxx Doubtful xxx Loss xxx Unclassified Loans Less: Loans considered nonrisk under existing regulations Loan Portfolio, net of exclusions General Loan Loss Provision (1% of net loan portfolio) P xxx
Specific allowance for probable losses on microfinance loans shall be set up immediately in accordance with the PAR number of days of missed payment, as follows: No. of days of Allowance for missed payment probable losses (%) PAR 1 - 30 2 31 - 60 and/or loans restructured once 20 61 - 90 50 91 - or more and/or loans restructured twice 100 Provided, That a general provision for losses for microfinance loans equivalent to one percent (1%) of the outstanding balance of microfinance loans not subject to the foregoing provisioning less microfinance loans which are considered non-risk under existing laws/rules/ regulations, if any, shall also be set up. The specific and general allowances for probable losses shall be adjusted accordingly for additional allowance required by the BSP: Provided, That in cases of partially secured loans, only ten percent (10%) allowance shall be required for the portion thereof which are covered by the appraised value of the collateral: Provided, further, That said collateral is re-appraised at least annually. Management is, however, encouraged to provide additional allowance as it deems prudent and to formulate additional specific guidelines within the context of the herein-described system.
(As amended by M-2011-059 dated 22 November 2011, M-2011043 dated 12 August 2011, M-2010-039 dated 03 October 2010, M-2010-007 dated 23 April 2010, M-2009-040 dated 30 October 2009, M-2009-038 dated 08 October 2009, M-2009-037 dated 15 October 2009, M-2009-036 dated 06 October 2009, Circular Nos. 622 dated 16 September 2008, 603 dated 03 March 2008, 520 dated 20 March 2006)
xxx xxx xxx xxx xxx
For Restructured Loans

Restructured Loans (Gross) P xxx Less: Classified Restructured Loans (based on latest BSP examination) Loans especially mentioned P xxx Substandard Secured xxx Unsecured xxx Doubtful xxx Loss xxx xxx Unclassified Restructured Loans xxx Less: Rest. Loans considered nonrisk under existing regulations xxx Restructured Loans, net of exclusions xxx General Loan Loss Provision (5% of net restructured loans) P xxx
The excess of the booked general loan loss provisions over the amount required as a result of the reduction of the amount required to be set up to one percent (1%) shall first be applied to unbooked specific valuation reserves, whether authorized to be booked on a staggered basis or not and only the remainder can be considered as income. C. Allowance for probable losses microfinance loans
APP. 19 11.12.31 FORMAT OF DISCLOSURE STATEMENT ON SMALL BUSINESS/RETAIL/CONSUMER CREDIT

(Appendix to Subsec. X307.2)
_________________________________
(Business Name of Creditor)
DISCLOSURE STATEMENT ON LOAN/CREDIT TRANSACTION (As Required under R.A. No. 3765, Truth in Lending Act) NAME OF BORROWER __________________________________________________ ADDRESS _______________________________________________________________
1. LOAN AMOUNT 2. OTHER BANK CHARGES/DEDUCTIONS COLLECTED1 a. Documentary/Science Stamps P b. Mandatory Credit Insurance c. Others (Specify) 3. NET PROCEEDS OF LOAN (Item 1 less Items 2 and 3) 4. SCHEDULE OF PAYMENTS a. Single payment due on b. Installment Payments date P XXX (Please see attached amortization schedule)
P P
XXX XXX
XXX
5. EFFECTIVE INTEREST RATE (Interest and Other Charges) P XXX Explanation: The effective interest rate is higher than the contractual interest rate of __% because of Item 2 deductions above. 6. CONDITIONAL CHARGES THAT MAY BE IMPOSED (if applicable). Please specify manner of Imposition: a. Late Charge b. Prepayment (penalty/refund) c. Others (Specify)
CERTIFIED CORRECT: _______________________________ (Signature of Creditor/Authorized Representative Over Printed Name) _______________________________ Position
I ACKNOWLEDGE RECEIPT OF A COPY OF THIS STATEMENT PRIOR TO THE CONSUMMATION OF THE CREDIT TRANSACTION _______________________________ (Signature of Borrower over Printed Name) _________________________ Date
Notes: Itemize all charges including advance deductions - Small business/Retail/Consumer Loans includes microfinance, auto (motor), salary, personal, medical, educational and other loans of similar nature - This document contains the minimum information required to be disclosed to the borrower and maybe enhanced to improve client information
APP. 19 11.12.31
AMORTIZATION SCHEDULE (Sample Only) Installment(A) Loan(B) xxx 1 2 3 4 5 6 7 8 9 10 11 12 Total

Legends: A B C D E F Number of installment periods based on loan term Gross amount of loan Installment payment on the principal Installment payment on the interest Total amortization payment for the installment period Outstanding principal balance of the loan
Principal(C) Interest(D) Total(E) O/SBalance(F) xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx
APP. 20 08.12.31
ABSTRACT OF "TRUTH IN LENDING ACT" (Republic Act No. 3765)

(Appendix to Sec. X307.4)
Sec. 1. This Act shall be known as the "Truth in Lending Act." Sec. 2. Declaration of Policy. It is hereby declared to be the policy of the State to protect its citizens from a lack of awareness of the true cost of credit to the user by assuring a full disclosure of such cost with a view of preventing the uninformed use of credit to the detriment of the national economy. xxx xxx xxx
(4) the charges, individually itemized, which are paid or to be paid by such person in connection with the transaction but which are not incident to the extension of credit; (5) the total amount to be financed; (6) the finance charge expressed in terms of pesos and centavos; and (7) the percentage that the finance charge bears to the total amount to be financed expressed as a simple annual rate on the outstanding unpaid balance of the obligation. xxx xxx xxx
Sec. 3. As used in this Act, the term xxx xxx xxx Sec. 5. (a) Any creditor who in connection with any credit transaction fails to disclose to any person any information in violation of this Act or any regulation issued thereunder shall be liable to such person in the amount of P100 or in an amount equal to twice the finance charge required by such creditor in connection with such transaction, whichever is greater, except that such liability shall not exceed P2,000 on any credit transaction. xxx xxx xxx
(3) "Finance charge" includes interest, fees, service charges, discounts, and such other charges incident to the extension of credit as the Board may by regulation prescribe. xxx xxx xxx
Sec. 4. Any creditor shall furnish to each person to whom credit is extended, prior to the consummation of the transaction, a clear statement in writing stating forth, to the extent applicable and in accordance with rules and regulations prescribed by the Board, the following information: (1) the cash price or delivered price of the property or service to be acquired; (2) the amounts, if any, to be credited as down payment and/or trade-in; (3) the difference between the amounts set forth under clauses (1) and (2);
(b) Any person who willfully violates any provision of this Act or any regulation issued thereunder shall be fined by not less than P1,000 nor more than P5,000 or imprisonment for not less than 6 months, nor more than one year or both. xxx xxx xxx
(c) Any final judgment hereafter rendered in any criminal proceeding
APP. 20 08.12.31
under this Act to the effect that a defendant has wilfully violated this Act shall be prima facie evidence against such defendant in an action or proceeding brought by any other party against such defendant under this Act as to all matters respecting which said judgment would be
an estoppel as between the parties thereto. Sec. 6. This Act shall become effective upon approval. Approved, 22 June 1963.
APP. 21 08.12.31
(RESERVED)
APP. 21a 08.12.31
(RESERVED)
APP. 21b 08.12.31
ENHANCED INTRADAY LIQUIDITY FACILITY

Given the increasing volume of PhilPaSS transactions as well as concerns of having temporary gridlocks in the PhilPaSS, the current features of the ILF had been enhanced, specifically on the following areas: a. Flexibility in changing the securities that will be used for the ILF; b. Availment of the facility on a as the need arises basis; and c. Removal of commitment fees The revised features of the ILF are described below. A. Access to ILF Government securities (GS) held by an Eligible Participant bank in its Regular Principal Securities Account that will be used for ILF purposes shall be delivered to a sub-account under the BSP-ILF Securities Account with the Bureau of the Treasurys (BTr) Registry of Scripless Securities (RoSS). The delivered GS to be used for ILF purposes shall be recorded by RoSS in a sub-account (the Client Securities Account (CSA)-ILF) under the BSP-ILF Securities Account in the name of the Eligible Participant/banks. Banks without RoSS securities accounts who intend/desire to avail of the ILF shall be required to open/maintain a Securities Account with the RoSS. The documentation requirements for RoSS membership shall be prescribed by the BTr. Banks desiring to avail of the ILF shall be further required to open a sub-account under the BSP-ILF Securities Account with the BTrs RoSS by accomplishing an application letter addressed to the Treasurer of the Philippines, Attn: The Director, Liability Management Service and the
Chief, Scripless Securities Registration Division. The application letter shall be in the form of ANNEX 1 hereto. B. Timeline From 9:00AM to 9:30AM of each banking day, an Eligible Participant bank shall electronically instruct the BTr to move/ transfer from its Principal Securities Account with the BTrs ROSS to the CSA-ILF under the name of the Eligible Participant bank, the pool of peso-denominated GS to be set aside for the ILF purpose. The Eligible Participant bank hereby confirms to the BTr that pursuant to an ILF availment, it has authorized the transfer without consideration unto the CSAILF the pool of GS to be used for ILF purposes. From 9:30 AM to 10:00 AM, the BTr RoSS shall electronically submit a consolidated report to BSP showing the details of the GS that were transferred to the BSP-ILF Securities Account. From 10:00 AM to 4:00PM, Eligible Participant banks with insufficient balances in its Demand Deposit Account No.2 (PhilPaSS Account) may avail of the ILF. Eligible Participant banks may avail of the ILF as necessary to fund pending payment instructions. Thus, when the ILF system detects queued transactions in the PhilPaSS-Central Accounting System, the Eligible Participant bank with insufficient balance in its PhilPaSS Account will automatically sell to the BSP-Treasury the GS in the CSA-ILF pool corresponding to the amount which may be needed to cover any pending payment instruction, and the proceeds of the sale of securities shall be immediately credited to the banks PhilPaSS Account. There may be more than one availment during the day. Until a sale to the BSP or an Overnight Repurchase
APP. 21b 08.12.31
(O/N-RP) transaction with the BSP is executed, the beneficial ownership of the GS that have been transferred to the CSAILF still belongs to the banks. At 5:00PM, the BSP shall sell back to the Eligible Participant bank the GS at the same price as the original BSP purchase. Partial repayment of a particular availment will not be allowed. In case the PhilPaSS Account balance of the participating bank is not sufficient to cover the afternoon repayment transaction, the BSP and the participating bank may agree on the following: a. BSP shall extend to the Eligible participant bank an O/N-RP at 600 basis points over the BSPs regular overnight lending rate for the day. The O/N-RP shall be paid not later than 11:00AM on maturity date. Unpaid O/N-RP shall be automatically converted into an absolute sale to the BSP of the subject GS earlier delivered/transferred to the CSA-ILF, pursuant to an ILF availment by the Eligible Participant bank, in which case, BSP shall issue an instruction to BTr to deliver/transfer the subject GS from the BSP-ILF Securities Account to the BSP regular Principal Securities Account. The sale shall be evidenced by the issue of Confirmation of Sale by the Eligible Participant bank (Annex 2) and the Confirmation of Purchase by the BSP Treasury Department (Annex 3), or, b. Only in extreme cases, the BSP shall sell back to the participating bank GS up to the extent of the PhilPaSS Account balance. The BSP shall issue an instruction to the BTr to transfer the remaining GS amounting to the unpaid ILF availment from the BSP-ILF Securities Account to the BSPs Regular Principal Securities Account. At the end of the day and after BSPs sell-back of the GS to ILF participants,
normally by 5:45PM, the BSP Treasury Department shall electronically instruct RoSS, using the ILF RoSS system developed for herein purpose, to return/ deliver from the CSA-ILF of the participating banks to their respective Regular Principal Securities Accounts with the RoSS all unused/unencumbered GS. GS used for O/N-RP shall remain in the CSA-ILF until repayment of subject O/NRP or conversion to outright sale the following day. Upon receipt of BSPs electronic instruction for the return of GS back to the participating banks regular Principal Securities Accounts, the BTr shall update their database after which participating banks may request/download statements of securities accounts for their verification. C. Eligible Securities Peso-denominated scripless securities of the National Government that are free and unencumbered and with remaining maturity of eleven (11) days to ten (10) years shall be eligible for the ILF. GS that will be used for ILF purposes would be reclassified with due consideration to the original booking of the security, as follows:
Original Booking of GS
a. Held for Trading b. Designated Fair Value Through Profit or Loss c. Available for Sale d. Held to Maturity
To be reclassified to
Held for Trading ILF Designated Fair Value Through Profit or Loss - ILF Available for Sale - ILF Held to Maturity - ILF
D. Valuation of Securities The GS subject of an ILF transaction shall be valued based on the 11:16AM fixing rates of the previous business day, from the applicable Reuters PDEX pages
Manual of Regulations for Non-Bank Financial Institutions
APP. 21b 08.12.31
or any other valuation benchmark as may be prescribed by the BSP. E. Margins Margins shall be applied based on prevailing policies of the BSP Treasury Department. F. Transaction Fee The BTr shall collect a monthly maintenance fee of One Thousand Pesos (P1,000.00) from each Eligible Participant bank for the use of the CSA-ILF Securities Account. The maintenance fees herein required to be paid by each Eligible Participant bank shall be separate from and exclusive of any other fees being assessed and collected by BTr for membership in the RoSS. For this purpose, the Eligible Participant bank shall issue to the BTr an autodebit instruction to authorize the BTr to debit its DDA with BSP for the abovementioned monthly maintenance fee. The BTr will inform the Eligible Participant
banks of any change in fee at least fifteen (15) days prior to implementation. G. DDA Statements/Transaction Details Eligible Participating banks will be able to verify the status of their accounts by initiating the SWIFT/PPS-Front-end System inquiry request. AVAILABILITY OF SERVICE The ILF is covered by a Memorandum of Agreement (MOA) dated 25 March 2008 by and among the BSP, the BTr, the Bankers Association of the Philippines (for BAP members) and the Money Market Association of the Philippines (for non-BAP members). Participating banks shall sign individual participation agreements. The services outlined in the MOA shall be available at the BSP and the BTr at a fixed hour on all banking days. Banking days refer to the days banking institutions are open for business Mondays thru Fridays as authorized by the BSP.
APP. 21b 08.12.31 PARTICIPATION AGREEMENT Date Bangko Sentral ng Pilipinas A. Mabini corner P. Ocampo Sr. Streets, Manila Bureau of the Treasury Palacio del Gobernador Intramuros, Manila Bankers Association of the Philippines 11th Floor, Sagittarius Building H. V. dela Costa Street, Salcedo Village Makati City Money Market Association of the Philippines Penthouse, PDCP Bank Center Herrera corner L. P. Leviste Streets, Salcedo Village Makati City Gentlemen: Please be advised that we agree to participate in the Agreement for the Establishment of Intraday Liquidity Facility to support the Philippine Payment and Settlement System (the System) which is covered by the Memorandum of Agreement dated _____ (the Agreement) among yourselves and its subsequent amendments of revisions as may be agreed upon by the parties thereto from time to time. We agree to be bound by all the terms and conditions of the Agreement and adopt it as an integral part of this Participation Agreement, including the authority of the BSP to execute payment instructions and the authority of the Bureau of the Treasury (BTr) to execute our instructions on transfer to/from, credit and debit to/against our Securities Account. Further, we agree to comply with all our obligations as participating bank/financial institution as provided in the Agreement. Lastly, we agree to keep yourselves free and harmless from any claim or liability arising from, or in connection with, our transactions transmitted through the System in accordance with the provisions of the Agreement. This participation will become effective upon your conformity hereto and your notification of the same to us, the BSP and the BTr. Very truly yours, Participating Bank/Financial Institutions APPROVED: Bangko Sentral ng Pilipinas Bureau of the Treasury Bankers Association of the Philippines Money Market Association of the Philippines By: By: By: By:
APP. 21b 08.12.31
Annex 1 (LETTERHEAD OF THE APPLICANT) The Treasurer of the Philippines Palacio del Gobernador Intramuros, Manila Sir: The undersigned hereby makes an application to open a Client Securities Account under the BSP-ILF RoSS Account in the Registry of Scripless Securities (RoSS) operated and maintained by the Bureau of the Treasury (BTr). The undersigned will pay to BTr an additional monthly fee of P1,000.00 for the Client Securities Account opened payable on the first business day of each month. The BTr will inform the undersigned of any change in fee at least fifteen (15) days prior to implementation. Please debit/credit our Regular Demand Deposit Account No. BSP for the payment of said monthly fee. with the
Manila, Philippines (Date)
(Name of Applicant)
(Signature of Authorized Signatory)
(Designation)
APP. 21b 08.12.31
Annex 2 LETTERHEAD OF THE SELLER Transaction No. Value Date
________ ________
CONFIRMATION OF SALE OF GOVERNMENT SECURITIES The , does hereby CONFIRM that it has SOLD, TRANSFERRED AND CONVEYED unto _______________, pursuant to the Memorandum of Agreement for Intraday Liquidity Facility and the Participation Agreement executed on ______ and ______, respectively, all of its rights, titles and interests over the following described Government Securities, held by the Bureau of the Treasury under the Registry of Scripless Securities System. ISIN TERM ISSUE DATE MATURITY DATE FACE AMOUNT
(Code)
(Account Number)
(Name of GSED)
(Designation)
APP. 21b 08.12.31
Annex 3 Transaction No. Value Date ________
CONFIRMATION OF PURCHASE OF GOVERNMENT SECURITIES
The , does hereby CONFIRM that it has PURCHASED from ______________, pursuant to the Memorandum of Agreement for Intraday Liquidity Facility and the Participation Agreement executed on ______ and ______, respectively, all of its rights, titles and interests over the following described Government Securities, held by the Bureau of the Treasury under its Registry of Scripless Securities System. ISIN TERM ISSUE DATE MATURITY DATE FACE AMOUNT
(Code)
(Account Number)
(Name of GSED)
(Designation)
APP. 22 08.12.31
LIST OF NON-ALLIED UNDERTAKING WHERE UBs MAY INVEST IN EQUITIES1

(Appendix to Subsec. 1381.1) PSIC CODE MAJOR GROUP
DESCRIPTION GROUP I. Agriculture (Major Division 1) A. Agricultural crops production (Division 11)
111 112 113 114 115 116 118 119
Palay production Corn production Vegetable production, including root and tuber crops Fruits and nuts (excluding coconut) production Coconut production, including copra making in the farm Sugarcane production, including muscovado sugar in the farm Fiber crops production Other agricultural crops production B. Production of livestock, poultry and other animals (Division 12)
121 122 123
Livestock and livestock products Poultry and poultry products Raising of other animals, including their products C. Agricultural services (Division 13)
130
Agricultural services II. Fishery and Forestry (Major Division 2) A. Fishery (Division 14)
141 142 143 149
Ocean (offshore) and coastal fishing Inland fishing Operation of fish farms Other fishery activities
1 For purposes of identifying the classification of a certain enterprise or undertaking, the industrial groupings in the 1977 Philippine Standard Industrial Classification (PSIC) list shall be followed.
APP. 22 08.12.31
PSIC CODE MAJOR GROUP
DESCRIPTION GROUP B. Forestry (Division 15)
159
Other forestry activities (operation of forest tree nurseries; planting, replanting and conservation of forests; gathering of uncultivated forest materials; establishments primarily engaged in providing forestry services on a fee or contract basis) III. Mining and Quarrying (Major Division 3) A. Metallic ore mining (Division 21)
211 212 213 214 215 216 217
Gold ore mining Other precious metal ore mining Copper ore mining Nickel ore mining Chromite ore mining Iron ore mining Other base metal ore mining B. Non-metallic mining and quarrying (Division 22)
221 222 223 229
Coal mining Exploration and production of crude petroleum and natural gas Stone quarrying, clay and sand pits Other non-metallic mining and quarrying IV. Manufacturing (Major Division 4) A. Manufacture of food (Division 31)
311-312
Food manufacturing B. Textile, wearing apparel and leather industries (Division 32)
321 322 324
Manufacture of textiles Manufacture of wearing apparel, except footwear Manufacture of leather and leather products, leather substitutes, and fur, except footwear & wearing apparel Manufacture of footwear, except rubber, plastic or wood footwear
APP. 22 08.12.31
DESCRIPTION GROUP C. Manufacture of paper and paper products; printing and publishing (Division 34)
341 342
Manufacture of paper and paper products Printing, publishing and allied industries D. Manufacture of chemicals and chemical, petroleum, coal rubber and plastic products (Division 35)
351 352 353 354 355 356
Manufacture of industrial chemicals Manufacture of other chemical products Petroleum refineries Manufacture of miscellaneous products of petroleum and coal Manufacture of rubber products Manufacture of plastic products not elsewhere classified E. Manufacture of non-metallic mineral products, except products of petroleum and coal (Division 36)
361 362 363 369
Manufacture of pottery, china and earthenware Manufacture of glass and glass products Manufacture of cement Manufacture of other non-metallic mineral products F. Basic metal industries (Division 37)
371 372
Iron and steel basic industries Non-ferrous metal basic industries G. Manufacture of fabricated metal products, machinery and equipment (Division 38)
381 382 383 384 385 386
Manufacture of fabricated metal products, except machinery and equipment and furniture and fixtures primarily of metal Manufacture of machinery except electrical Manufacture of electrical machinery apparatus, appliances and supplies Manufacture of transport equipment Manufacture of professional and scientific and measuring and controlling equipment not elsewhere classified, and of photographic and optical instruments Manufacture and repair of furniture and fixtures primarily of metal
APP. 22 08.12.31
DESCRIPTION GROUP H. Other manufacturing industries (Division 39)
390
Other manufacturing industries V. Electricity, Gas and Water (Major Division 5) A. Electricity (Division 41)
411 412
Generating and distributing electicity Distributing electricity to consumers B. Gas and steam (Division 42)
421 422
Gas manufacture and distribution through systems Steam heat and power plants C. Waterworks and supply (Division 43)
430
Waterworks and supply VI. Construction (Major Division 6)
501 502 503
General building construction General engineering construction Special trade construction VII. Wholesale Trade and Retail Trade Repair of MV Motorcycles and Personal and Household Goods (Major Division 7) A. Wholesale trade (Division 61)
619
Wholesale trade not elsewhere classified Merchandise brokers, general merchants, importers and exporters
VIII. Transport, Storage and Communication (Major Division 8)
A. Transportation services (Division 71) 711 712 713 Railway transport Road passenger and freight transport Water transport
APP. 22 08.12.31
PSIC CODE MAJOR GROUP 714 719
DESCRIPTION GROUP Air transport Services allied to transport B. Communication (Division 73)
731 732 733 739
Mail and express services Telephone services Telegraph services Communication services, non-essential commodities IX. Financial Intermediation (Major Division 9) X. Real Estate, Renting and Business Activities (Major Division 10)
XI. Public Ad and Defense; Compulsory Social Security (Major Division 11) XII. Education (Major Division 12) XIII. Health and Social Work (Major Division 13) XIV. Other Community, Social, and Personal Service Activities (Major Division 14) A. Other social and related community services (Division 95) 951 Research and scientific institutions XV. Private Households with Employed Persons (Major Division 15) XVI. Extra- Territorial Organizations and Bodies (Major Division 16) XVII. Restaurant and Hotels (Major Division 17) 981 982 Restaurants, cafes and other eating and drinking places Hotel, motels and other lodging places, non-essential commodities
APP. 23 08.12.31
CREDIT PRIORITY CLASSIFICATION

(Appendix to Sec. X395) Priority I a. Production of agricultural, including forestry and fishery, and industrial goods which (1) possess growth potential in competitive domestic and world markets, (2) contribute most to the development of the economy, (3) provide for the satisfaction of basic wants of the population as a whole, and (4) require resources in addition to their selffinancing capabilities. b. Marketing export products, primarily those goods that contain the maximum possible domestic processing and labor content. c. Marketing in the international market of domestic products which fall under Priority I and imported basic consumer goods by Filipino merchandisers. d. Importation and marketing of capital equipment, raw materials and supplies for the production and distribution of Priority I products. e. Public utilities which are not overcrowded and are necessary to support the production and distribution of Priority I goods or to satisfy basic wants. f. Other services which are not overcrowded and which are necessary for (1) the development of desirable knowledge and skills, (2) the support of the production and distribution of Priority I products, and (3) the promotion of tourism and cultural pursuits. g. Construction of (1) infrastructure projects, (2) physical plants necessary for the production and distribution of Priority I products and services, and (3) individual low cost housing for the lower income groups of the population. Priority II -
a. Production and distribution of goods and services which do not qualify under the Priority I category. b. Real estate loans (construction, acquisition, development and refinancing of real estate) other than those specified under Priority I. c. Consumption. d. Other non-productive and speculative activities. ECONOMIC ACTIVITIES FALLING UNDER PRIORITY I A. Economic activities eligible for credits up to eighty percent (80%) of loan value of credit instrument 1. Agriculture, Fisheries and Forestry a. Agricultural (1) Abaca (2) Cassava (3) Cattle and dairy farms (4) Coconut (5) Coffee and cocoa (6) Corn (7) Palay or rice (8) Piggery (9) Poultry (10) Ramie (11) Rubber plantation (12) Other fruits and vegetables b. Fisheries (1) Fishponds and inland fishing (2) Marine fishing c. Forestry (1) Forest nurseries and reforestation project
APP. 23 08.12.31
2. Mining and quarrying a. Metal mining (1) Chromite (2) Copper (3) Iron (4) Lead (5) Manganese (6) Mercury and quicksilver (7) Nickel (8) Zinc b. Non-mettalic mining (1) Asbestos (2) Sulphur (3) Coal (4) Gypsum 3. Manufacturing a. Basic metal industries (1) Blast furnaces, steel works and rolling mills (2) Iron and steel basic industries (3) Iron and steel foundries (4) Non-ferrous metal basic industries b. Chemical and chemical products (1) Basic chemicals (2) Drugs (3) Fertilizer c. Coconut products and their preparation (1) Coconut oil, edible (2) Coconut oil, inedible (3) Copra meal and cake d. Electrical machinery, apparatus and appliances (1) Transmissions and distribution equipment j. f.
(a) Fish canning (2) Canning and preserving of fruits and vegetables (a) Canning, drying, brining, pickling or otherwise preserving or preparing vegetables (b) Canning, drying or otherwise preparing and preserving fruits (3) Slaughtering, preparation and preserving of meat (4) Miscellaneous food preparation (a) Prepared feeds for animals and fowls Furniture and fixtures manufacture (1) Rattan and bamboo furniture
g. Leather and leather products (1) Tanning and finishing h. Lumber and wood products (1) Veneer, plywood and prefabricated products i. Machinery, equipment, accessories and parts (1) Agricultural machinery (2) Engines and turbines (3) Industrial, construction and mining machinery Non-metallic products (1) Cement
k. Paper and paper products (1) Pulp, paper and paperboard I. Petroleum and coal products (1) Coke
e. Food manufacturing (1) Canning and preserving of fish and other sea foods
m. Textile, cordage and twines manufactures (1) Cordage, rope, twines and nets
APP. 23 08.12.31
(2) Hemp milling, abaca stripping and baling establishments (3) Knitting mills (4) Spinning, weaving and finishing of textiles n. Transportation equipment and parts (1) Aircrafts and parts (2) Motor vehicles, equipment and parts (3) Motorcycles, bicycles and parts (4) Railroad equipment (5) Ships and boats o. Miscellaneous manufacturing industries (1) Laboratory, engineering and medical 4. Construction a. Contract (1) Building construction (a) Commercial and industrial projects* 5. Public Utilities a. Ice and ice refrigeration plants b. Operation of wharves, dry docks etc. c. Warehousing d. Water supply and sanitary services (1) Irrigation systems (2) Water supply systems 6. Commerce a. Export products* b. Importation of capital goods and raw materials* c. Domestic trade (Filipino only) wholesales and retail
B. Economic activities eligible for credits up to sixty percent (60%) of the loan value of the credit instrument ** 1. Agriculture, fisheries and forestry a. Agricultural (1) Citrus (2) Cotton (3) Salt farming (4) Soybean (5) Other root crops 2. Mining and quarrying a. Metal mining (1) Gold (2) Silver b. Non-metallic mining (1) Asphalt (2) Marble 3. Manufacturing a. Chemical and chemical products (1) Dyeing and tanning materials (2) E x p l o s i v e s ( e x c l u d i n g firecrackers) b. Coconut products and their preparations (1) Dessicated coconut c. Electrical machinery, apparatus and appliances (1) Communication equipment (2) Dry cells and storage batteries d. Food manufacturing (1) Canning and preserving of fruits and vegetables (a) Fruits and vegetables, sauces and seasoning (2) Dairy products (a) Milk processing (3) Miscellaneous food preparations
* To follow rating of economic activities included in the list. ** For updated loans values, see Subsec X269.5
APP. 23 08.12.31
(a) Coffee roasting, grinding and/or processing e. Furniture and fixture manufacture (1) Wood furniture f. Lumber and wood products (1) Cork (2) Sashes and doors (3) Sawn and planed lumber (4) Wooden box (5) Wood chips
(2) Highway and street construction (including road building) 5. Public utilities a. Common carriers (1) Airlines and other air transportation (2) Motor vehicles (3) Railroad and railway companies (4) Steamboats and steamship lines b. Communication (1) Telecommunication (cable, mail and express, telegraph, telephone) c. Electricity, gas and steam (1) Electric, light, heat and power d. Water supply and sanitary services (1) Garbage, sewerage and disposal system 6. Services a. Business and professional services (1) Engineering and technical services b. Educational services (1) Private vocational and trade schools (2) Public universities and higher educational institutions (3) Public vocational and trade schools c. Medical and other health services (1) Public health services d. Recreation services
g. Machinery, equipment, accessories and parts (1) Office and store machines and devices h. Metal industries (1) Cutlery, handtools and general products (2) Fabricated structural and metal products (3) Tin and aluminum ware i. Non-metallic products (1) Glass and glass products (2) Structural clay products Textile, cordage and twines manufactures (1) Jute bags and sacks
j.
k. Miscellaneous manufacturing industries (1) Cottage native handicraft industries (2) Footwear (other than rubber) (3) Photographic and optical goods 4. Construction a. Contract (1) Building construction (a) Commercial and industrial projects*
* To follow rating of economic activities included in the list.
APP. 23 08.12.31
(1) Theatrical production (i.e., all performing arts) e. Research and scientific institutions 7. Financial a. Banks (1) Private development banks (2) Rural banks/Cooperative banks 8. Commerce a. Export products* b. Importation of capital goods and raw materials* c. Domestic trade (Filipino only) wholesale and retail* 9. Other activities a. Loans for other dollar-earning purposes not elsewhere classified (included in this category are the construction, development and operations of first-class hotels w h i c h cater to the needs of the tourist industry). C. Economic activities eligible for credits up to sixty percent (60%) of the loan value of the credit instrument** 1. Agriculture, Fisheries and Forestry a. Agricultural (1) Pineapple (2) Tobacco, native b. Fisheries (1) Fishery services (2) Pearl fishing and culture, shell gathering and other marine products c. Forestry (1) Forest services (2) Timber tracts
2. Mining and quarrying a. Non-metallic mining (1) Mineral salt (2) Silica 3. Manufacturing a. Apparel and other finished products made from fabrics and similar materials (1) Embroidery shops (2) Wearing apparel b. Chemicals and chemical products (1) Paints, varnishes and lacquers (2) Soaps and other cleansing preparations c. Coconut products and their preparations (1) Copra d. Electrical machinery, apparatus and appliances (1) Electric lamp (2) Household appliances (3) Radio, television, telephone receiving sets, electronic tubes and components e. Food manufacturing (1) Canning and preserving of fish and other sea foods (a) Fish sauce (patis) manufacture (b) Shellfish curing, smoking, salting or pickling (2) Cocoa and chocolate and sugar confectionery (a) Cocoa and chocolate processing factories (3) Grain mill products (a) Corn mills (b) Rice mills (c) Tuber flour mills (d) Wheat flour
* To follow rating of economic activities included in the list. ** For updated loan values, please see Subsec. X269.
APP. 23 08.12.31
(4) Miscellaneous food preparations (a) Salt manufacture (b) Starch and its products (c) Vegetable lard and margarine manufacture (d) Vermicelli and noodles manufacture f. Lumber and wood products (1) Creosoting and other wood treating
c. Domestic trade (Filipino only) whosale and retail* 9. Other activities a. Loans for other dollar-earning purposes not elsewhere classified (included in this category are the construction, development and operations of first-class hotels which cater to the needs of the tourist industry). C. Economic activities eligible for credits up to sixty percent (60%) of the loan value of the credit instrument** 1. Agriculture, Fisheries and Forestry a. Agricultural (1) Pineapple (2) Tobacco, native b. Fisheries (1) Fishery services (2) Pearl fishing and culture, shell gathering and other marine products c. Forestry (1) Forest services (2) Timber tracts 2. Mining and quarrying a. Non-metallic mining (1) Mineral salt (2) Silica 3. Manufacturing a. Apparel and other finished products made from fabrics and similar materials (1) Embroidery shops (2) Wearing apparel b. Chemicals products and chemical
g. Metal industries (1) Fabricated wire products (2) Metal stamping, coating and engraving h. Non-metallic products (1) Private vocational and trade schools (2) Public universities and higher educational institutions (3) Public vocational and trade schools c. Medical and other health services (1) Public health services d. Recreation services (1) Theatrical production (i.e., all performing arts) e. Research institutions and scientific
7. Financial a. Banks (1) Private development banks (2) Rural banks/Cooperative banks 8. Commerce a. Export products* b. Importation of capital goods and raw materials*
* To follow rating of economic activities included in the list. ** For updated loans values, please see Subsec X269
APP. 23 08.12.31
(1) Paints, varnishes and lacquers (2) Soaps and other cleansing preparations c. Coconut products and their preparation (1) Copra d. Electrical machinery, apparatus and appliances (1) Electric lamp (2) Household appliances (3) Radio, television, telephone receiving sets, electronic tubes and components e. Food manufacturing (1) Canning and preserving of fish and other sea foods (a) Fish sauce (patis) manufacture (b) Shellfish curing, smoking, salting or picking (2) Cocoa and chocolate and sugar confectionary (a) Cocoa and chocolate processing factories (3) Grain mill products (a) Corn mills (b) Rice mills (c) Tuber flour mills (d) Wheat flour (4) Miscellaneous food preparations (a) Salt manufacture (b) Starch and its products (c) Vegetable lard and margarine manufacture (d) Vermicelli and noodles manufacture f. Lumber and wood products (1) Creosoting and other wood treating g. Metal industries (1) Fabricated wire products
(2) Metal stamping, coating and engraving h. Non-metallic products (1) Plastic products (2) Pottery, china, earthenware (3) Concrete aggregates (4) Concrete products (a) Cement products light weight aggregate (b) Pre-mold concrete light aggregate i. Paper and paper products (1) Coated and glazed paper products Printing, publishing and allied industries (1) Book publishing and printing (2) Newspaper and periodical publishing
j.
k. Tobacco (1) Cigar and cigarette factories (native) I. Miscellaneous manufacturing industries (1) Oxygen, acetylene and similar products (2) Silver and gold work without precious stones (3) Musical instruments and parts (a) Blank recording discs (b) Metal stampers
4. Construction a. Contract (1) Building construction (a) Government projects (b) Commercial and industrial projects* (2) Heavy construction (including bridges and irrigation projects)
APP. 23 08.12.31
b. Personal (1) Construction (2) Reconstruction 5. Public utilities a. Electricity, gas and steam (1) Gas manufacture and distribution (2) Steam heat and power b. Water supply and sanitary services (1) Drainage system 6. Services a. Medical and other health services (1) Private health services
b. Recreation services (1) Motion picture production 7. Financial a. Banks (1) Commercial banks (2) Savings and mortgage banks 8. Commerce a. Export products* b. Importation of capital goods and raw materials* c. Domestic trade (Filipino only) wholesale and retail*
* To follow rating of economic activities included in the list.
APP. 24 08.12.31
SAMPLE INVESTMENT MANAGEMENT AGREEMENT

IMA No. (prenumbered) INVESTMENT MANAGEMENT AGREEMENT KNOW ALL MEN BY THESE PRESENTS: This AGREEMENT, made and executed this ____ day of ___________ at __________, Philippines, by and between: (Hereinafter referred to as the PRINCIPAL) and , a banking corporation authorized to perform trust functions, organized and existing under and by virtue of the laws of the Philippines, with principal office and place of business at , , Philippines. (Hereinafter referred to as the INVESTMENT MANAGER) WITNESSETH: THAT WHEREAS, the Principal desires to avail of the services of the Investment Manager relative to the management and investment of Principals investible funds; WHEREAS, the Investment Manager is willing to render the services required by the Principal relative to the management and investment of Principals investible funds, subject to the terms and conditions hereinafter stipulated; NOW, THEREFORE, for and in consideration of the foregoing and of the mutual conditions stipulated hereunder, the parties hereto hereby agree and bind themselves to the following terms and conditions: INVESTMENT PORTFOLIO 1. Delivery of the Fund - Upon execution of this Agreement, the Principal shall deliver to the Investment Manager the amount of PHILIPPINE PESOS: (P_____________).
APP. 24 08.12.31
2. Composition - The cash which the Principal has delivered to the Investment Manager as well as such securities in which said sums are invested, the proceeds, interest, dividends and income or profits realized from the management, investment and reinvestment thereof, shall constitute the managed funds and shall hereafter be designated and referred to as the Portfolio. For purposes of this Agreement, the term securities shall be deemed to include commercial papers, shares of stock and other financial instruments. 3. Delivery of Additional Funds - At any time hereafter and from time to time at the discretion of the Principal, the latter may deliver additional funds to the Investment Manager who shall form part of the Portfolio and shall be subject to the same terms and conditions of this Agreement. No formalities other than a letter from the principal and physical delivery to the Investment Manager of cash will be required for any addition to the Portfolio. 4. Nature of Agreement - THIS AGREEMENT IS AN AGENCY AND NOT A TRUST AGREEMENT. AS SUCH, THE CLIENT SHALL AT ALL TIMES RETAIN LEGAL TITLE TO FUNDS AND PROPERTIES SUBJECT OF THIS ARRANGEMENT. THIS AGREEMENT IS FOR FINANCIAL RETURN AND FOR THE APPRECIATION OF ASSETS OF THE ACCOUNT. THIS AGREEMENT DOES NOT GUARANTEE A YIELD, RETURN OR INCOME BY THE INVESTMENT MANAGER. AS SUCH, PAST PERFORMANCE OF THE ACCOUNT IS NOT A GUARANTY OF FUTURE PERFORMANCE AND THE INCOME OF INVESTMENTS CAN FALL AS WELL AS RISE DEPENDING ON PREVAILING MARKET CONDITIONS. IT IS UNDERSTOOD THAT THIS INVESTMENT MANAGEMENT AGREEMENT IS NOT COVERED BY THE PHILIPPINE DEPOSIT INSURANCE CORPORATION (PDIC) AND THAT LOSSES, IF ANY, SHALL BE FOR THE ACCOUNT OF THE PRINCIPAL.
POWERS 5. Powers of the Investment Manager - The Investment Manager is hereby conferred the following powers: a. To invest or reinvest the Portfolio in (1) Evidences of indebtedness of the Republic of the Philippines and of the Bangko Sentral ng Pilipinas, and any other evidences of indebtedness or obligations the servicing and repayment of which are fully guaranteed by the Republic of the Philippines or loans against such government securities; (2) Loans fully guaranteed by the government as to the payment of principal and interest; (3) Loans fully secured by hold-out on, assignment or pledge of deposits or of deposit substitutes, or mortgage and chattel mortgage bonds; (4) Loans fully secured by real estate and chattels in accordance with Section 78 of R.A. No. 337, as amended, and subject to the requirements of Sections 75, 76 and 77 of R.A. No. 337, as amended; and (5) Such other investments or loans as may be directed or authorized by the Principal in a separate written instrument which shall form
APP. 24 08.12.31
part of this Agreement: Provided, That said written instrument shall contain the following minimum information: (a) The transaction to be entered into; (b) The amount involved; and (c) The name of the issuer, in case of securities and/or the name of the borrower and nature of security, in the case of loans; b. To endorse, sign or execute any and all securities, documents or contracts necessary for or connected with the exercise of the powers hereby conferred or the performance of the acts hereby authorized; To cause any property of the Portfolio to be issued, held, or registered in the name of the Principal or of the Investment Manager: Provided, That in case of the latter, the instrument shall indicate that the Investment Manager is acting in a representative capacity and that the Principals name is disclosed thereat; To open and maintain savings and/or checking accounts as may be considered necessary from time to time in the performance of the agency and the authority herein conferred upon the Investment Manager; To collect and receive matured securities, dividends, profits, interest and all other sums accruing to or due to the Portfolio; To pay such taxes as may be due in respect of or on account of the Portfolio or in respect of any profit, income or gains derived from the sale or disposition of securities or other properties constituting part of the Portfolio; To pay out of the Portfolio all costs, charges and expenses incurred in connection with the investments or the administration and management of the Portfolio including the compensation of the Investment Manager for its services relative to the Portfolio; and To perform such other acts or make, execute and deliver all instruments necessary or proper for the exercise of any of the powers conferred herein, or to accomplish any of the purposes hereof. LIABILITY OF INVESTMENT MANAGER 6. Exemption from Liability - In the absence of fraud, bad faith, or gross or willful negligence on the part of the Investment Manager or any person acting in its behalf, the Investment Manager shall not be liable for any loss or damage to the Portfolio arising out of or in connection with any act done or performed or caused to be done or performed by the Investment Manager pursuant to the terms and conditions herein agreed, to carry out the powers, duties and purposes for which this Agreement is executed. Advice of Counsel - The Investment Manager may seek the advice of lawyers. 7. Any action taken or suffered in good faith by the Investment Manager as a consequence of
c.
d.
e. f.
g.
h.
APP. 24 08.12.31
the opinion of the said lawyers shall be conclusive and binding upon the Principal, and the Investment Manager shall be fully protected from any liability suffered or caused to be suffered by the Principal by virtue hereof. ACCOUNTING AND REPORTING 8. The Investment Manager shall keep and maintain books of accounts and other accounting records as required by law. The Principal or the authorized representative of the Principal shall have access to and may inspect such books of accounts and all other records related to the Portfolio, including the securities held in custody by the Investment Manager for the Portfolio. 9. Reporting Requirements - The Investment Manager shall prepare and submit to the Principal the following reports within ______________________________: (a) Balance Sheet; (b) Income Statement; (c) Schedule of Earning Assets; (d) Investment Activity Report; and (e) (such other reports as may be required by the Principal). INVESTMENT MANAGERS FEE 10. Investment Fee - The Investment Manager, in addition to the reimbursement of its expenses and disbursements in the administration and management of the Portfolio including counsel fees, shall be entitled to receive as compensation for its services a management fee of (Specify amount or rate) . WITHDRAWALS FROM THE PORTFOLIO 11. Withdrawal of Income/Principal - Subject to availability of funds and the non-diminution of the Portfolio below P1 million, the Principal may withdraw the income/ principal of the Portfolio or portion thereof upon written instruction or order given to the Investment Manager. The Investment Manager shall not be required to see as to the application of the income/principal so withdrawn from the Portfolio. Any income of the Portfolio not withdrawn shall be accumulated and added to the principal of the Portfolio for further investment and reinvestment. Non-alienation of Encumbrance of the Portfolio or Income - During the 12. effectivity of this Agreement, the Principal shall not assign or encumber the Portfolio or its income or any portion thereof in any manner whatsoever to any person without the prior written consent of the Investment Manager.
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EFFECTIVITY AND TERMINATION 13. Term - This Agreement shall take effect from the date of signing hereof and shall be in full force and effect until terminated by either party by giving written notice thereof to the other at least _______(__) days prior to the termination date. 14. Powers upon Liquidation - The powers, duties and discretion conferred upon the Investment Manager by virtue of this Agreement shall continue for the purpose of liquidation and return of the Portfolio, after the notice of termination of this Agreement has been served in writing, until final delivery of the Portfolio to the Principal. 15. Accounting of Transaction - Within _____ (__) days after the termination of this Agreement, the Investment Manager shall submit to the Principal an accounting of all transactions effected by it since the last report up to the date of termination. Upon the expiration of the ________(__) days from the date of submission, the Investment Manager shall forever be released and discharged from all liability and accountability to anyone with respect to the Portfolio or to the propriety of its acts and transactions shown in such accounting, except with respect to those objected to in writing by the Principal within the __________(__) day period. Remittance of Net Assets of the Portfolio - Upon termination of the Agreement, 16. the Investment Manager shall turn over all assets of the Portfolio which may or may not be in cash to the Principal less the payment of the fees provided in this Agreement in carrying out its functions or in the exercise of its powers and authorities. This Agreement or any specific amendments hereto constitute the entire agreement between the parties, and the Investment Manager shall not be bound by any representation, agreement, stipulation or promise, written or otherwise, not contained in this Agreement or incorporated herein by reference, except pertinent laws, circulars or regulations approved by the Government or its agencies. No amendment, novation, modification or supplement of this Agreement shall be valid or binding unless in writing and signed by the parties hereto. IN WITNESS WHEREOF, the parties have hereunto set their hands on the date and at the place first above set forth.
(PRINCIPAL)
(INVESTMENT MANAGER) By:
SIGNED IN THE PRESENCE OF:
APP. 25 08.12.31
RISK MANAGEMENT GUIDELINES FOR DERIVATIVES

[Appendix to Subsec. X611.1 (2008 - X602.1)] Introduction This appendix, together with the Guidelines on Supervision by Risk (Appendix 72) and other BSP issuances on management of the different risks attendant to banking activities, provides a framework on which a bank can establish its risk management activities. Accordingly, this set of risk management guidelines for derivatives should be read and used in conjunction with all related BSP issuances on risk management. A bank, in using these guidelines to evaluate the propriety and adequacy of its risk management, must consider the following principles: a. No single risk management system for derivatives is expected to work for all banks considering that the structure and level of derivatives activities will vary from one bank to another. Each bank should apply the principles set in these guidelines in a manner appropriate to its needs and circumstances. The BSP shall evaluate the quality of a banks risk management system based on the principles and minimum requirements of these guidelines, scaled to the derivatives activities being undertaken. b. The requirements prescribed in these guidelines are merely minimum standards and therefore, should not be taken as the be-all for a banks risk management. The board of directors1 has the responsibility of ensuring that a banks risk management system appropriately captures its risk exposures and affords proper management of these. c. A trust entity within a bank must have a separate risk management system. However, the trust department may in-source back office functions of its risk management system with the bank proper I.
only upon prior BSP approval on the basis that such in-sourcing will not give rise to potential conflict of interest. II. Risk associated with derivatives While derivatives primarily help manage existing and anticipated risks, derivatives themselves are exposed to the risks they are designed to manage. Moreover, simple derivatives, when combined with other financial instruments, may result in a structure that exposes a bank to complicated risks. Thus, derivatives can aggravate the risks of banks and of counterparties if derivatives are not clearly understood and properly managed. A single derivatives product may expose a bank to multiple risks as enumerated under Appendix 72. These categories are not mutually exclusive of each other. Hence, derivatives activities must be managed with consideration of all these risks. III . Risk management process for derivatives The management of derivatives activities should be integrated into a banks overall risk management system using a conceptual framework common to the banks other businesses. For example, price risk exposure arising from derivatives transactions should be assessed in a manner comparable to and aggregated with all other price risk exposures. Risk consolidation is particularly important because the various risks contained in derivatives and other market activities can be interconnected and may transcend specific markets. At a minimum, the risk management process for derivatives should be able to: a. Identify the risks arising from its derivatives activities in whatever capacity
1 In case of a local branch of a foreign bank, the equivalent management review arrangement (e.g., management committee, regional review committee). In case of a trust entity, the trust committee.
APP. 25 08.12.31
it deals with the same. A bank must likewise identify the impact of its derivatives activities on its overall risk profile. To properly identify risks, a bank must understand the derivatives products with which it is transacting and the factors that affect them. Considering that changes in the value of derivatives are highly influenced by changes in market factors, risk identification should be a continuing process and should occur at both a transaction and portfolio level. b. Measure the risks arising from its derivatives activities. A bank must have measurement models or tools to quantify the risks identified. These measurement tools should be suitable to the nature and volume of a banks derivatives activities. As the complexity and volume of the derivatives activity increases, the measurement tools should correspondingly be more sophisticated. The primary criteria for the propriety of the measurement tools are accuracy, timeliness, efficiency and comprehensiveness with which these tools can capture the risks involved and their contribution to the decision-making process of bank management. c. Monitor the risks arising from its derivatives activities. Derivatives products are very sensitive to market factors, which continually change. Thus, a bank should have a mechanism to monitor the responsiveness of derivatives to market factors to enable it to review and assess its risk positions. In order to effectively monitor the risks, reports must be timely generated in order to aid management in determining whether there is a need to adjust the banks derivatives positions. d. Control the risks arising from its derivatives activities. A bank must establish limits to its derivatives exposure. These limits should be comprehensive and aligned with a banks overall risk tolerance. A banks
policies and procedures on control should provide for contingencies when limits are breached. A bank must allot lead time and have a mechanism that enables management to act in time to control unacceptable or undesired exposures. A bank must also establish a system that separates functions susceptible to conflicts of interest. IV. Sound risk management practices for derivatives Consistent with the criteria for sound risk management practices in Item V of Appendices 73 and 74, the BSP shall assess the propriety and adequacy of a banks risk management system for its derivatives activities in accordance with the following basic principles: a. Active and appropriate board1 and senior management oversight A banks board of directors must set the general policy or the policy direction relating to the management of a banks risks, including those arising from its derivatives activities. This policy should be consistent with the banks business strategies, capital strength, management expertise and risk profile. Accordingly, the board of directors must understand the nature and purpose of the banks derivatives activities and the role derivatives play in the banks overall business strategy. Passive board of directors approval is not acceptable. There must be verifiable evidence of the board of directors approval processes and that senior management exerted effort to explain the nature and purpose of the derivatives activities to the board of directors (e.g., minutes of board of directors meetings documenting presentations and reports to the board of directors and the approval processes). The board of directors must review and pre-approve new derivatives products as
1 In case of a local branch of a foreign bank, the equivalent management review arrangement (e.g., management committee, regional review committee). In case of a trust entity, the trust committee.
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well as significant related policies and procedures. Central to the approval of new products is defining when a product or activity is new in order to ensure that variations on existing products receive the proper review and authorization. Policies should also detail authorized activities (e.g., at what stages approvals should be obtained, from whom approvals should be obtained), those that require one-time approval and those that are considered inappropriate. The board of directors must be apprised of the banks derivatives exposures on a timely basis in order to enable the board of directors to act on such exposures accordingly. Consequently, there should be an established reporting methodology to ensure that the board of directors receives, on a continuing basis, detailed information regarding the banks risk exposures from derivatives, including the impact to the banks overall risk profile, earnings and capital. These reports should include both normal and stress scenarios. Pursuant to the general policy or policy direction on risk management set by the board of directors, senior management must adopt adequate policies and procedures for conducting the banks derivatives activities on both a long-range and day-to-day basis. Policies should clearly delineate responsibility for managing risk, and provide effective internal controls and a comprehensive risk-reporting process. Policies must also keep pace with the changing nature of derivatives products and markets and therefore must be reviewed on an on-going basis. Senior management should ensure that the various components of a banks risk management process are regularly reviewed and evaluated. Internal evaluations may be supplemented by external auditors or other qualified outside parties. The quality of oversight provided by the board of directors and senior management
to a banks derivatives activities will be reflected in the overall risk management process, the adequacy of resources (financial, technical expertise, and systems technology) devoted to handle derivatives activities and its use of the monitoring reports. The board of directors and senior management shall be responsible for ensuring that bank personnel comply with prescribed risk management standards and sales and marketing guidelines. b. Adequate risk management policies and procedures A bank must establish policies and procedures to guide its personnel in conducting derivatives activities. These risk management policies must be reflective of a banks current strategy and practice. A bank should not issue policies and procedures for derivatives in isolation. All aspects of the risk management process for derivatives activities should be integrated into the banks over-all risk management system to the fullest extent possible using a conceptual framework common to the banks other activities. Risk management policies should be comprehensive, covering all activities of the bank. The BSP will evaluate the degree to which controls covering derivatives activities have been integrated in other issuances of the bank covering aggregate risk-taking activities For banks that conduct derivatives transactions with subsidiaries and affiliates, there should be policies and procedures that describe the nature, pricing, monitoring, and reporting of acceptable related-party transactions. All risk management policies and procedures must be written, well communicated to all personnel involved in the derivatives activities and readily available in user-friendly form, whether the same is a hard or soft copy thereof. A bank must also put up systems and procedures to ensure an audit trail evidencing the
APP. 25 08.12.31
dissemination process for new and amended policies and procedures. At a minimum, a bank is expected to have: 1. Comprehensive, updated and relevant risk policy manual(s); 2. Operations manual(s) or similar documents that describe the flow of transactions among and between the relevant units and personnel in a banks treasury (front office, back office and accounting) and risk management unit; 3. Approved product manual(s) that includes product definition, benefits and risks, pricing mechanisms, risk management processes, capital allocation guidelines, tax implications and other operating procedures and controls for the banks derivatives activities. c. Appropriate risk measurement methodologies, limits structure, monitoring and management information system The process of measuring, monitoring and controlling risk should be carried out independently from individuals conducting derivatives activities. An independent system of reporting exposures to both senior level management and to the board of directors is critical to the effectiveness of the process. (1) Measurement methodologies A bank must be able not only to accurately quantify the multiple risk exposures arising from its derivatives activities but also aggregate similar risks across the different activities of the bank to the fullest extent possible. A bank must develop a risk measurement model appropriate to its portfolio. Accordingly, a bank must evaluate the assumptions used, computational requirements, procedures for computing the risk metric, sourcing of inputs used in the measurement process, including the theoretical reasons for a particular input choice, and how these concepts apply to the banks portfolio.
The risk measurement system should be structured to enable management to initiate prompt remedial action, facilitate stress-testing, and assess the potential impact of various changes in market factors on earnings and capital. A risk measurement system is considered sound if it is capable of comprehensively capturing risks from: (a) the banks on and off-balance sheet exposure; (b) all relevant market factors; and (c) normal circumstances and stress events. Sound risk measurement practice includes identifying possible events or changes in market behavior that could have unfavorable effects on the bank and assessing the ability of the bank to withstand these events or changes. The stress testing should include not only quantitative exercises that compute potential gains or losses but also qualitative analyses of actions that management might take under particular scenarios. A banks risk measurement system should provide appropriate pricing and valuation procedures to ensure best execution for both proprietary trading and those undertaken for clients and mark-to-market/model (MTM) methodology for derivatives instruments that follows established MTM regulations and Philippine Accounting Standards (PAS 39). New measurement models whether developed internally or purchased from vendors, should be subject to an initial validation before it is used. Internally developed models require more intensive evaluation where they have not been market-tested by external parties. The validation process should consist of a review of the logic, mathematical or statistical theories, assumptions, internal processes and overall reliability of a banks measurement models, including the compatibility of the measurement model with the banks technology and systems.
APP. 25 08.12.31
The validation must be undertaken by a technical expert independent from the unit that developed the model. For example, pricing systems developed by a trader is required to be independently validated by a corresponding technical expert from the banks risk management unit. If no such personnel from the risk management unit exists, an independent validation may be performed by internal audit provided that internal audit has the necessary expertise. A bank may also avail of the services of an independent outside expert. Thereafter, the frequency and extent to which models are validated depends on changes that affect pricing, risk presentation or the existing control environment. Changes in market conditions that affect pricing and risk conventions, which model performance, should trigger additional validation review. Risk management policies should clearly address the scope of the validation process, the frequency of validations, documentation requirements, and management responses. At a minimum, policies should require the evaluation of significant underlying algorithms and assumptions before the model is put in regular use, and as market conditions warrant thereafter. Such internal evaluations should be conducted by parties who, where practicable, are independent of the business sector using or developing the model. The evaluation may, if necessary, be conducted or supplemented with reviews by qualified outside parties, such as experts in highly technical models and risk management techniques. (2) Limits structure A bank must specify individual limits for all types of risks involved in a banks derivatives activities. A bank should use a variety of limits to adequately capture the range of risks or to address risks that the measurement system does not capture. These limits should be integrated into the
bank-wide limit structure to ensure consistency with the board of directorapproved risk appetite and business strategy. The limit structure should be realistic taking into consideration the target budget, level of earnings and capital. Limits must be documented and promptly communicated to all relevant personnel. Limits must be reviewed at least annually or more frequently, if circumstances warrant, in order to ensure that limits reflect the banks past performance and current position. Limits should be continually analyzed as regards its impact on target income, earnings and capital. These analyses should be submitted/reported to the board of directors. Any excess over the limit must be approved only by authorized personnel and immediately reported to senior management and depending on the seriousness, also to the board of directors. The seriousness of limit exceptions depends upon managements approach towards setting limits and on the actual size of individual and organizational limits relative to the banks capacity to take risks. A bank with relatively conservative limits may encounter more exceptions to those limits than that with less restrictive limits. There must also be mechanisms for the correction of breach of these limits. A banks limit structure should address the following: (a) Definition of a credit exposure; (b) Maximum credit exposure to an individual counterparty; (c) Credit concentrations; (d) Maximum nominal exposure: (i) per trader and per transaction; and (ii) position limits. (e) Approved credit risk mitigation techniques; (f) Appropriate loss exposure triggers: (i) loss alert; (ii) stop loss; (iii) value-at-risk; and
APP. 25 08.12.31
(iv) earnings-at-risk. (3) Monitoring Monitoring of risk exposures, market conditions, and trading positions should be done at least daily. Derivatives instruments are highly influenced by movements in market factors. Thus, a bank must have a mechanism that can track and analyze the effect of market movements on its derivatives exposures. To ensure proper monitoring of risks, a bank is expected to have technology and systems that can (a) track movements in reference variables (underlying) and other market factors affecting the value of the derivatives instruments, such as trigger events; and (b) incorporate observed market movements into the pricing and valuation of derivatives instruments. While monitoring is undertaken independently from the personnel conducting derivatives activities, bank traders are expected to actively monitor their positions to ensure that they do not breach their limits. Bank traders should not wait until a limit is breached to alert senior management and risk control units. Instead, traders should promptly report unanticipated changes and progressively deteriorating positions, as well as other significant issues arising from their positions, to the risk control function and responsible management. (4) Management information system A bank must institute an information system that generates accurate and incisive reports to ensure that management and the board of directors are timely and regularly apprised of the banks derivatives exposures. A bank is expected to have policies and procedures pertaining to the derivatives reporting specifying, among others, the types of derivatives reports to be generated, the purpose and contents thereof, responsible units that will generate the reports, frequency and deadlines of reports, recipients/users of reports, and the
type of action expected from the users of the report. At a minimum, management reports should contain the following: outstanding derivatives positions, compliance with or status of positions as against limits, analysis of derivatives positions, along with other bank exposures, in relation to the impact to earnings and capital, monitoring of trigger events, and deviations from established policies and procedures and justifications thereof. The management information system must be able to translate the measured risks from derivatives activities from a technical and quantitative format to one that can easily be read and understood by senior managers and directors, who may not have specialized and technical knowledge of derivatives products. Such a system enables management and the board of directors to judge the changing nature of the banks risk exposures. The electronic data processing capability must be commensurate to the volume and complexity of the banks derivatives activities to facilitate the generation of needed reports. The frequency and content of board of directors and management reporting will ultimately depend upon the nature and significance of derivatives activities. Where applicable, board of directors and management reports should consolidate information across functions and divisions. Board of directors and management reporting should be tailored to the intended audience, providing summary information to senior management and the board of directors and more detailed information to bank traders. Management reports should be generated by control departments independent of the risk-takers. When risk-takers provide information (e.g., valuations or volatilities on thinly traded derivatives contracts) for management
APP. 25 08.12.31
reports, senior management should be informed of possible weaknesses in the data, and these positions should be audited frequently. d. Comprehensive internal controls and independent audits A sound system of internal controls promotes effective and efficient operations, reliable financial and regulatory reporting, and compliance with relevant laws, regulations and policies of the bank. In determining whether a banks internal controls meet these objectives, the BSP will consider the overall control environment of the bank, particularly, the process of identifying, measuring, analyzing and managing risk, the adequacy of management information systems, and degree of adherence to control activities such as approvals, confirmations and reconciliations. Control of the reconciliation process is particularly important where there are differences in the valuation methodologies or systems used by the front and back offices. (1) Risk control A bank should have an independent risk control unit responsible for the design and implementation of the banks risk management system. A strong risk control function is a key element in fulfilling the oversight responsibilities of board of directors and senior managers. This unit must be independent from business trading units and should report directly to senior management of the bank. The role and structure of risk control function should be commensurate to the nature, complexity and extent of a banks derivatives activities. A risk control unit should regularly evaluate risk-taking activities by assessing risk levels and the adequacy of risk management processes. It should also monitor the development and implementation of control policies and risk measurement systems. It should analyze daily reports produced by the banks risk
measurement model, including an evaluation of the relationship between measures of risk exposure and trading limits. Risk control personnel staff should periodically communicate their observations to senior management and the board of directors. A banks control structure shall be considered sound if all the following elements are present: (a) Formal approval process for new products A bank should have an effective process to evaluate and review risks involved in products that are either new to the bank or new to the market and of potential interest to the bank. A bank that desires to engage in new products and transactions must first subject these products and transactions to a rigorous review and approval process. This will ensure that all bank personnel involved in the activity have sufficient knowledge of the product or transaction, and that the ensuring risk exposures can be identified, measured and analyzed. The process must be contained in a board of directorsapproved policy that is fully documented and must be implemented consistently and with integrity. Before initialing a new derivatives activity, all relevant personnel should understand the product. Risks arising from the new product should be integrated into the banks risk measurement and control systems. The new product approval process should include a sign-off by all relevant areas such as risk control, operations, accounting, legal, audit, and senior management and trading operations. Defining a product or activity as new is central to ensuring that variations on existing products receive the proper review and authorization. Factors that should be considered in classifying a product/activity as new include: capacity changes (e.g., end-user to dealer), structure variations
APP. 25 08.12.31
(e.g., non-amortizing swap versus amortizing interest rate swap), products which require a new pricing methodology, legal or regulatory considerations, or market characteristics (e.g., foreign exchange forwards in major currencies as opposed to emerging market currencies). A bank should introduce new products in a manner that adequately limits potential losses and permits the testing of internal systems. (b) Segregation of functions/units subject to conflict of interest A bank must separate the business unit conducting the derivatives activities from the unit/s tasked with the checking, accounting, reporting and control functions of its derivatives activities. A bank should have policies and procedures addressing conflicts of interest, particularly among the following functions: proprietary trading, sales or marketing desks/units, personal trading, and asset management. A bank that conducts derivatives activities with its subsidiaries and/or affiliates must establish policies and procedures to avoid actual, or even the appearance of a conflict of interest. Off-market rates between related parties should generally be forbidden. A bank should avoid dealing in transactions conducted at off-market rates. A bank should have internal policies defining what constitutes market rates and identify the range of deviation from the benchmark rates which could still be considered as market rates. The banks monitoring system should be able to alert management of any breaches in the rate tolerance levels and the appropriate action that should be taken. A bank must be able to justify any off-market transaction. (c) Competent and adequate personnel who are properly supervised The increased complexity of derivatives activities requires highly skilled staff particularly in the risk-taking, risk
control, and operational functions. Management should regularly review the knowledge, skills and number of people needed to engage in the banks derivatives activities. The staff must be appropriately balanced among the different areas involved in derivatives activities such that no area is understaffed in terms of number or skill. Staff turnover can create serious problems, especially if knowledge is concentrated in a few individuals. The impact of staff turnover can be particularly acute in specialized trading markets where bank traders are in high demand and are often recruited in teams. To mitigate business continuity and succession risk arising from a high staff turnover, a bank should devise a system of building technical expertise across involved personnel through continuous technical training, periodic rotation and cross-training of staff members performing key functions and developing understudies. The board of directors should ensure that the power and control delegated to these expert personnel are not abused. Therefore, the board of directors must establish appropriate controls over their activities. (d) Independent control functions or units The risk control and audit units should possess the authority, independence, and corporate stature to enable them to identify and report their findings unimpeded by bank traders. It is equally important to employ individuals with sufficient experience and technical expertise to be credible to the business line they monitor and senior executives to whom they report. 2. Audit Audits should be conducted by qualified professionals who are independent of the business line being audited. Audits should supplement, and
APP. 25 08.12.31
not be a substitute for, risk control function. The scope of audit coverage should be commensurate with the level of risk and volume of derivatives activity. The audit should include an appraisal of the effectiveness and independence of the banks risk management process; the adequacy of operations, compliance, accounting and reporting systems; propriety of risk measurement models; and the effectiveness of internal controls. Auditors should test compliance with the banks policies, including limits. The level of auditor expertise should be consistent with the level and complexity of activities and degree of risk assumed. A bank may choose to out-source audit coverage to ensure that the professionals performing the work possess sufficient knowledge and experience. Procedures should be in place to ensure that auditors are informed of
significant changes in product lines, risk management methods, risk limits, operating systems, and internal controls so that the auditors can update their scope and procedures accordingly. Auditors should periodically review and analyze performance and risk management reports to ensure that areas showing significant changes are given appropriate attention. The audit function must have the support of management and the board of directors in order to be effective. Management should respond promptly to audit findings by investigating identified system and internal control weaknesses and implementing corrective action. Thereafter, management should periodically monitor newly implemented systems and controls to ensure they are working appropriately. The board of directors, or designated committee, should receive reports tracking managements actions to address identified deficiencies.
(As amended by Circular No. 594 dated 08 January 2008)
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SALES AND MARKETING GUIDELINES FOR DERIVATIVES [Appendix to Sec. X611 (2008 - X602)]
General principle A bank, in dealing with its clients, should always act with honesty, fairness and in pursuance of the best interests of its clients. Due to the complex nature of derivatives and the increasingly sophisticated products introduced into the market, a bank acting as dealer or broker must have appropriate controls and procedures to ensure the suitability of the transactions to its clients. A bank should ensure that (1) a client understands the nature of the transaction and the risks involved and (2) the transaction meets the clients financial objectives and risk tolerance. A bank should also disclose sufficient, accurate and comprehensible information about derivatives products, including inherent risks, in a clear and balanced presentation in order to enable its clients to make informed investment decisions. These guidelines prescribe the minimum standards for sales and marketing procedures for banks acting as dealers or brokers of derivatives. I. II. Client suitability guidelines A bank should ensure that the derivatives products it offers to a client are appropriate for that client through a client suitability process which involves obtaining client information, classifying a client according to his/its financial sophistication and conducting a suitability review. a. Client information A bank, at the inception of a possible business relationship with a client, should obtain from said client information about his/its financial situation, experience, and financial objectives relevant to his/its desired products/services. A bank should ensure that the clients risk and return
1\
objectives are clearly identified. This can be done through questionnaires and interviews. A bank may design and use its own system for obtaining client information that would be responsive to its client suitability process. At a minimum, client information, including client classification, should be reviewed and updated annually or earlier, in cases of material changes in the clients financial situation or goals. b. Client classification Based on the information obtained from a client, a bank should be able to ascertain, at a minimum, a clients classification according to financial sophistication as embodied in Section X611 and its Subsections1/ and his/its risk tolerance. The client classification should serve as basis for a bank product/service offerings and level of disclosures required. In dealing with corporate clients, a bank should determine whether the client is specifically authorized to enter into all or specific kinds of derivatives transactions and the person/s authorized to act in its behalf. A bank should also determine if a corporate client has competent/qualified personnel to handle the proposed derivatives activities. If a corporate client seeks to participate in highly sophisticated/ more complex products, a bank should require the client to incorporate in its board resolution authorizing the latters derivatives activities that it likewise has appropriate risk management techniques and systems sufficient to manage and monitor the risks it will take. In determining an individual clients classification, a bank should consider the following: (1) The clients knowledge and understanding of derivative transactions,
A bank, however, may adopt its own sub-classification for its own purposes.
APP. 26 08.12.31
related investments and the risks involved therein, including the derivatives markets; (2) The length of time the client has been actively dealing with investment and/or derivative products, the frequency of dealings and the extent to which he has relied on the investment advice of a bank or any financial advisor, if any; (3) The size and nature of investment transactions that have been undertaken by the client; and (4) The clients financial standing, which may include an assessment of his net worth or the value of his portfolio. A bank must make a record of the classification under which each client is categorized, including sufficient information to support the categorization. Only banks with Type 1 or 2 authorities may originate or distribute authorized derivatives products to non-sophisticated end-users for investment purposes. Non-sophisticated end-users should be provided greatest protection compared to all other client types. c. Suitability review Before presenting, proposing or recommending a particular derivatives product to a client, a dealer should determine that the derivatives product is suitable to the clients financial situation and consistent with the clients mandates, financial objectives and constraints. At a minimum, a bank should consider the following in choosing the derivatives products/ services offerings to its clients: (1) Investment amount or investible funds; (2) Concentration ratio (i.e., asset allocation of the clients investible funds); (3) Purpose for transacting in derivatives transaction (e.g., hedging vs. investment; long-term buy and hold as opposed to short-term active trading); (4) Holding period or investment horizon;
(5) Clients regulatory and legal circumstances; (6) Liquidity needs; (7) Returns objectives (e.g., income, growth in principal, maintenance of purchasing power); (8) Risk tolerance; and (9) Clients understanding of the risks. A bank should maintain a record of all the information as bases of its suitability assessment. It is highly recommended that a bank requires a client to sign its conformity to the suitability assessment (including the information basis of the assessment) in order to avoid disputes with the client on its suitability assessment. For non-sophisticated clients, a bank should adopt a suitability statement explaining simply and clearly why the product offered is viewed suitable, considering the clients needs and preferences. To ensure the statement will be effective, a bank should consider the following features: Simple and plain language: when technical terms need to be incorporated, they should be explained if the client is unlikely to understand their meaning; and Concise and clear messages: lengthy explanations and extensive statements are likely to reduce the effectiveness of the statement and make the client less likely to read the statement properly. Ideally, each suitability letter for non-sophisticated will be different, reflecting the approach taken by the bank representative in obtaining client information, the derivatives product presentation, the clients profile and considerations on which the investment proposal was based, all of which involve professional judgment. A bank, however, can apply a degree of standardization to aid quality control. A bank should clearly
APP. 26 08.12.31
link its proposed or recommended derivatives product to the clients own needs, priorities and attitude toward risk. A bank may mention alternative products suitable for the client. The suitability letter should be signed by the client and the officer authorized by the bank to advise/ sell/propose the recommended product. A bank does not need to comply with the requirement of suitability review in cases where the client is classified as a market counterparty, considering its recognized sophistication. However, a bank should be able to provide sufficient support for its classification. III. Disclosures A bank should always be mindful of its statements regarding its products/services, whether the statements pertain to promotion, marketing or sale thereof or in the course of making the required disclosures. A bank must institute measures to ensure that its clients understand the nature and risks in a derivative transaction. These procedures may vary with the sophistication of its client. A bank can tailor-fit information, marketing and sales presentations/materials in accordance with the client classification under Section X602 and its Subsections. A bank should take further steps to adequately disclose the attendant risks of specific types of transactions when dealing with an unsophisticated client, either generally or with respect to a particular derivatives transaction (e.g., nonsophisticated client or sophisticated client with respect to complex product types). A bank should adopt standards for its publications/materials/disclosure statements and review the aforementioned documents regularly to ensure that they meet the standards. A bank, when providing information to its clients, including potential clients, must not knowingly misrepresent or give a false
impression in any of its advertisements, electronic communications, written materials (whether publicly disseminated or not) or oral representations regarding the financial derivatives offered. A misrepresentation is any statement that deviates from the truth or omits a material fact or even tends to mislead the recipients. a. Financial promotion (marketing and sales) A bank embarking on a financial promotion, whether through a direct offer or information/sales publications, should ensure it gives sufficient information to enable a client to make an informed assessment of the derivatives transaction, including its underlying. A bank must prominently indicate its name in all its promotional materials and must specify its role or capacity in the transaction (e.g., as issuer, dealer/distributor, broker). A financial promotion is considered clear, fair and not misleading if all the following requisites are present: (1) Any statement of fact, promise or prediction is clear, fair and not misleading. A statement should disclose relevant assumptions; (2) A client, by himself, can discern from the presentation whether the statement is a fact, promise or prediction; (3) The accuracy of all material statements of fact can be substantiated. (4) Any comparison or contrast of a product offered should be with another investment intended to meet the same needs or to serve the same purpose. The facts on which any comparison or contrast is made are verified, or alternatively, that relevant assumptions are disclosed. The comparison or contrast should be presented in a fair and balanced way and includes all factors which are relevant to the comparison or contrast. (5) The design, content or format of any presentation does not disguise, obscure or diminish the significance of any
APP. 26 08.12.31
statement, warning or other matter which the presentation should contain; (6) Disclosures on risks and warnings should not be less prominent than any other information on performance; (7) No reference to an approval by a regulatory body or its officials shall be made, unless a written approval was actually obtained; (8) A recommendation to consult/refer to a financial advisor, if the client has doubts on suitability of derivatives product; and (9) It does not omit any information, the omission of which causes a material fact to be misleading, unclear, or unfair. A bank should consider the clients knowledge of the transaction to which a given information relates. A bank should not assume that clients/recipients necessarily have an understanding of the derivatives product being promoted. A bank should assess its usage of terms, especially those which are technical. If promotional or marketing materials are specially designed for a targeted client base reasonably believed to have particular knowledge of the investment, this should be made clear in the materials. b. Product disclosures A bank must endeavor to explain the derivatives products it offers to its clients to enable the latter make an informed investment decision. Product disclosures should present an adequate description of at least (a) the nature of the derivatives product, including the underlying, (b) the amount of investment required and (c) the risks involved. The adequacy of description depends on the target client classification and type of product offered. In general, disclosure should always be presented in a balanced manner where the potential benefits of an investment are tempered by a fair indication of the risks involved. A product disclosure, which includes an illustration of past or future performance
of the derivatives product or its underlying, must comply with the following: (1) When using past performance of a derivatives instrument, or its underlying, to illustrate possible returns, the disclosure should state that past performance is not necessarily indicative of future performance. This should be presented in the main text of presentation material. Past performance must be culled from a sufficient time frame to provide a fair and balanced indication of performance; and (2) When using any forecast on the economy, stock market, bond market and economic trends of markets, the disclosure should state that such forecast is not necessarily indicative of the likely or future performance of the instrument; and (3) Illustrations of returns should include worst case scenarios (i.e., not just the likely or best scenarios). Benefits shown in headline rates (pro-forma returns highlighted) should be realistic and achievable, and not based on unreasonably optimistic view of events. Product disclosures for derivatives products with some form of guarantee or protection must highlight which benefits are guaranteed/protected and those which are not. In case of structured deposit products, a bank must ensure that any representation or claim of PDIC guarantee should have been pre-cleared with the PDIC. In instances where the guarantee or protection involves a cost to the client, the bank must disclose the fee or charge for the same. A bank should also disclose the counterparty (e.g., issuer/guarantor) risk involved to clients so that they are not misled about the capital security/principal protection. A bank, when applicable, should state if the guaranteed or protected amount is payable only at the end of the term. Product disclosures for leverage products/transactions2\ should emphasize that while these types of products/
2\
Leverage or gearing can be employed in structured product to be able to offer high yields.
APP. 26 08.12.31
strategies amplify the potential gain from an investment, they also increase the potential loss thereof. A client who intends to engage in margin buying, a means of applying leverage in investing, must be cautioned on possible loss exceeding the margin or initial cash outlay. c. Minimum required disclosures The minimum required disclosure should always be in writing. Except for a market counterparty, a bank should require its client to sign or initial the disclosure statement as affirmation of the clients receipt and understanding of the disclosure statement. A bank may opt to draft individual and separate suitability assessment and disclosure statement to its client or consolidate the same into a separate document or incorporate these with the main derivatives transaction agreement/ contract. Product-specific minimum disclosures should include: (1) The nature of the derivatives product, including the underlying financial instruments and how these instruments work; (2) Investment horizon or tenor of financial derivatives; (3) Fees and charges, whether embedded in the structure or not; (4) Details on the issuing entity in case the dealing bank is not the issuing institution, (i.e., the bank acts as a broker/ dealer, market maker); (5) Returns or benefits likely to be derived from the instrument, the amount and timing thereof and whether the benefits are guaranteed or not; (6) All risk factors that may result in the client receiving returns less than the illustrated returns and factors affecting the recoverable amount by the client; (7) Details of conflicts of interest, if any; (8) All termination clauses, when appropriate, including charges and restrictions3\;
(9) Any warning, exclusion or disclaimer in relation to the product, including, but not limited, to the following: (a) The derivatives products carry higher risks than those associated with ordinary bank savings or time deposits; (b) The transactions are risky and may not be appropriate if client is not willing or able to accept the risk of adverse movements in the underlying securities/reference rates; (c) Past performance of the underlying reference is not a guarantee of future performance. (d) When applicable, a bank should draw the attention of the client to the following: (i) The effect of early redemption of a product on the return (e.g., penalties and a poor return); (ii) The availability of maximum benefit advertised after a specified period; and (iii) The pre-requisite conditions for the advertised growth rate of income. Complex products (i.e., those outside the enumeration of instruments under Subsection X602.1 (a)(2) must carry a standard warning that they are not suitable for all clients, and are intended for experienced and sophisticated investors. Complex products should carry appropriate warnings on the high economic risks of complex derivatives transaction, such as (1) Loss of all or a substantial portion of the investment due to leveraging or other sophisticated practices; (2) Volatility of returns; (3) Lack of liquidity considering that there may be no secondary market for the instrument; (4) Restrictions on transferring interests; and (5) Absence of information regarding valuation and pricing. Appendix 26a contains a sample disclosure statement which a bank may adopt in accordance with the features of the derivatives product offered.
3\ For instance, for a structured deposit, the bank should ensure that the customer is fully aware of the tenor of the deposit and that the principal amount is only guaranteed if held to maturity.
APP. 26 08.12.31
IV. Sales and marketing personnel Any informational or promotional presentation regarding derivatives products should be undertaken only by personnel who are knowledgeable on derivatives products involved. A bank, in assessing its personnels knowledge in derivatives transactions, may consider the personnels educational background, relevant training, professional experience in rendering investment advice, making presentations regarding derivatives products or assessing the propriety of investment products for a client. Personnel involved in derivatives transactions must likewise be familiar with all relevant laws, applicable rules and regulations and must ensure compliance therewith. At a minimum, a bank should establish qualification standards for personnel
involved in derivatives activities as well as comply with certification requirements prescribed by existing securities laws, rules and regulations. In addition, a bank should implement, and maintain a reasonably comprehensive system of training of personnel geared at enhancing technical knowledge of its personnel to enable them to understand, explain the nature and risks of a banks derivatives products and ensure client suitability. The banks board of directors and senior management4\ shall be liable to its clients for the acts performed and representations made by sales and marketing personnel in their official capacity. Notwithstanding the foregoing, a banks board of directors and senior management are not precluded from filing the necessary action against the erring sales and marketing personnel.
For purposes of this appendix, senior management shall comprehend officers starting from the level of the president down to the level of vice presidents.
4\
APP. 26a 08.12.31
SAMPLE RISK DISCLOSURE STATEMENT FOR DERIVATIVES ACTIVITIES

[Appendix to Section X611 (2008 - X602)]
While derivatives instruments are utilized for hedging or managing investment risk, derivatives instruments themselves involve a variety of significant risks. Considering the complexity of derivatives products, these products are generally unsuitable for non-sophisticated investors. You should not deal in derivatives products unless you understand their nature and the extent of your exposure to the attendant risks. And even assuming that you understand derivatives transactions, you should not deal with the same unless the product is suitable for you in the light of your circumstances, experience, financial position and operational resources. As in any financial transaction, you should ensure that you understand and comply with the regulatory requirements applicable to you and/or limitations set by your board of directors or other governing body. You should also consider the legal, tax and accounting implications of entering into any derivatives transaction. This product generally carries higher risks than those associated with ordinary bank investments and therefore not a suitable substitute for savings or time deposits. These transactions are risky and may not be appropriate if you are not willing or able to accept the risk of adverse movements in the underlying securities/reference rates. This transaction does not guarantee a yield, return or income. Past performance of the reference rate or similar instruments is not a guarantee of future performance. The income from the transaction may or may not fluctuate depending on prevailing market conditions. (A bank need not adopt all the following enumerated statements. It only has to incorporate those statements that may be applicable to the derivatives products or transactions)
This transaction may be used for hedging purposes. If you are entering into the transaction for hedging purposes, this product may not match your exposure perfectly. You may be under or over hedged or may be subject to other exposures as a result of the transaction. These are over-the-counter derivatives which may pose liquidity risks to you. These are generally not liquid because there is no exchange or secondary trading market through which you can dispose the derivative. Bid and offer prices for these instrument may not be quoted. Bid and offer quotes, if any, are established by the dealers in the instruments and consequently fair price may be difficult to establish. While you may terminate this transaction prior to the specified termination date, the cost of early termination may be substantial. Pre-termination may reduce the expected return or the investment amount, even in the case of principal protected structured products.
Product specific disclosures: This transaction can be subject to the risk of loss of the entire principal/notional amount of the transaction. You may lose some or all of your investment. (For principal protected structured products) While the principal for structured deposits may be protected and carries PDIC guarantee, returns are variable and are often contingent on the performance of complex financial instruments that an average customer may not fully understand. There is still a potential loss of the principal amount invested if the structured deposit is not held to maturity, i.e. there is an early redemption fee. (For leveraged products/ transactions) if the derivatives transactions require you to put up a margin, you may sustain a loss of the entire margin you deposited with the
APP. 26a 08.12.31
bank to establish or maintain your position. If the market moves against you (i.e., unfavorably), you may even be called upon to pay additional margin (known as margin call) at short notice to maintain the position. If you fail to do so within the time required, your position may be liquidated at a loss and you will be responsible for the resulting deficit. (For non-readily realizable investments) You may have difficulty selling this investment at a reasonable price and, in some circumstances, it may be difficult to sell it at any price. Do not invest in this unless you have carefully thought about whether you can afford it and whether it is right for you. These instruments often involve a high degree of gearing or leverage, so that a relatively small movement in the price of the underlying asset or variable can result in a much larger movement, unfavorable or favorable, in the price of the instrument. The price of the instrument can therefore be volatile In buying options, the maximum loss can be limited to the premium (plus any commission or transaction charges) when the price of the underlying asset moves against you because you can simply allow the option to lapse. However, if you buy a call option on another derivatives instrument, e.g., futures contract, the exercise of the option may expose you to the risks for that particular derivatives. If you write an option, the risks are considerably greater. You may be liable for margin (i.e., minimum level of collateral) to maintain your position and a loss may be
sustained well in excess of the premium received. By writing an option, you are accepting a legal obligation to purchase or sell the underlying asset if the option is exercised against you, however far the exercise price may have moved from the market price of the underlying asset. If you already own the underlying asset (known as covered call option), the risk is reduced. However, if you do not own the underlying asset, the risk can be unlimited. Only experienced persons should contemplate writing uncovered options, and then only after securing full details of the applicable conditions and potential risk exposure. Any scenario analysis is being provided for illustrative purposes only. It does not represent actual prices that may be available to you. It does not present all possible outcomes or describe all factors that may affect the value of the transaction. No advice on investments has been given. If you have any doubt about the suitability of the product, you should contact a financial advisor or carefully consider whether the product is suitable for you. In entering into any derivatives activity with or arranged by us, you should understand that we are not acting in the capacity of your financial adviser due to the inherent conflicts of interest in simultaneously acting as dealer and financial adviser. Notwithstanding the conflict of interest, we may act as your financial adviser only if you have so agreed in writing and only to the extent so provided.
THIS STATEMENT DOES NOT PURPORT TO DISCLOSE ALL OF THE RISKS OR RELEVANT CONSIDERATIONS IN ENTERING INTO DERIVATIVES TRANSACTONS. YOU SHOULD REFRAIN FROM ENTERING INTO ANY SUCH ACTIVITY UNLESS YOU FULLY UNDERSTAND ALL SUCH RISKS AND HAVE INDEPENDENTLY DETERMINED THAT THE ACTIVITY IS SUITABLE FOR YOU. (Name of Bank) I/We have read and understood the risk warning set out above. Date (Signature of Customer)
(As amended by Circular 594 dated 08 January 2008)
APP. 27 11.12.30
GENERAL GOVERNANCE PRINCIPLES AND STANDARDS ON RELATIONSHIPS BETWEEN BANKS AND THEIR RELATED NON-GOVERNMENTAL ORGANIZATIONS (NGOs)/FOUNDATIONS
(Appendix to Subsec. X326.1) Section 1. General Principles and Standards To reinforce the observance of corporate governance principles and guidelines, the following principles and standards shall govern business relationships between banks and their related NGOs/Foundations engaged in retail microfinance operations: General Principles: 1. Microfinance programs/operations of banks shall be supervised and administered separately from the microfinance programs/operations of related NGOs/foundations; 2. All transactions between banks and their related NGOs/foundations shall be in the ordinary course of business and upon terms not less favorable to the bank than those offered to other parties; and 3. Bank board of directors and management must at all times adhere to the three pillars of corporate governance, namely: fairness, accountability and transparency in all of its dealings with related NGOs/foundations. Standards 1. Microfinance programs/operations of banks and their related NGOs/ foundations should have separate organizational structure, manual of operations, management information system, etc.; 2. The board of directors should formulate policies that shall govern the dealings of the bank with its related NGO/ foundation, e.g. prohibiting and/or limiting activities and transactions that could result in conflict f interests and providing preferential treatment to the related NGO/ foundation to the disadvantage of the bank. Also, the board must ensure that senior management implements the aforementioned policies by requiring the submission of periodic reports covering transactions with related NGO/foundation; 3. Formal agreements/contracts should govern the business relationships of banks and their related NGO/foundations covering both their overall/general relationship and specific transactions such as: (i) the purchase of bank of NGO/ foundations loan portfolio, (ii) the collection of loan payments (from NGO/ foundations borrowers) by the bank and (iii) the payment for trainings/seminars given by the NGO/foundation; Terms and conditions of the formal agreements/contracts shall include, among other things, the following: Purchase of loan receivables of NGO/ foundation a. Criteria in selecting loan accounts; b. Purchase price including premiums, if any; c. Bank recourse in case of non-payment by borrowers; Collection of loan payments from borrowers of NGO/foundation a. Compensation for utilizing bank resources, e.g. employees, transportation and equipment, etc.; b. Mode of payment by the NGO/ foundation; Conduct of microfinance trainings/ seminars by BGO/foundation
APP. 27 11.12.30
a. Lecturers shall have adequate background and/or experience in microfinance operations; b. Training syllabus which include subjects on client selection, credit and cash flows analyses, delinquency management, etc. 4. Any loan, other credit accommodation or guarantee in any form whatsoever granted to a related NGO/foundation is subject to existing rules on DOSRI loans. However such loan, other credit accommodation or guarantee shall be excluded in determining compliance with the Individual Ceiling on DOSRI loans: Provided, That such loan, other credit accommodation or guarantee is secured by the deposit of clients of the borrowing NGO/ foundation which are maintained with the lending bank: Provided further, That all of the following conditions are met: a. Existing regulations on the opening of deposit accounts and other deposit transactions shall apply except when specifically stated otherwise; b. Depositors shall issue waivers of confidentiality of their deposits and enter hold-out agreements with the lending bank; c. Interest rates on such deposits shall not exceed to that of similar type of deposit accounts; d. Collected but undeposited capital build-up funds from clients shall be recorded in a temporary liability account in the books of related NGOs/foundations and shall be deposited with the related bank not later than fifteen (15) calendar days from date of collection; e. Total loans, other credit accommodations and guarantees granted to the related NGO/foundation shall not exceed, at any time, the total deposits owned by its clients; and
f. That the NGO/foundation shall consider as payments to the clients obligations any deposit used by the lending bank to settle any unpaid obligation(s) of the NGO/foundation. 5. Bank directors and management are reminded to perform their duties and responsibilities in accordance with the standards of corporate governance. Under Subsec. X141.3, duties and responsibilities of bank directors include, among other, the following: a. To conduct fair business transactions with the bank; b. To act honestly and in good faith, with loyalty and in the best interest of the institution; c. To devote time and attention necessary to properly discharge their duties and responsibilities; d. To act judiciously; and e. To observe confidentiality. Section 2. Requirements In this connection, banks engaged in retail microfinance operations are required to: 1. To include in the biographical data of directors and officers their involvement, in any capacity, in the microfinance operations of related microfinance NGOs/ foundations; 2. Require the approval of the board of directors of all related party transactions and that the same be covered by notarized agreements. It is also understood that all loan transactions with related NGOs/ foundations shall comply with the existing requirements on DOSRI loans; and 3. Submit a copy of the said agreement/contract to the appropriate BSP department/group for review and evaluation.
(M-2011-033 dated 15 June 2011)
APP. 28 10.12.31
CLEARING PROCEDURES
[Appendix to Sec. X205 (2008 - X603)]
(Deleted by Circular No. 681 dated 08 February 2010)
APP. 28a 10.12.31
CLEARING OPERATIONS BETWEEN REGIONAL CLEARING CENTER AND THE MANILA CLEARING CENTER (Tarlac, Tarlac Used as Sample)
[Appendix to Subsec. X205 (2008 - X603)]
(Deleted by Circular No. 681 dated 08 February 2010)
APP. 29 09.12.31
PROCEDURES ON COLLECTION OF FINES/PENALTIES FROM BANKS AND/OR DIRECTORS/OFFICERS OF BANKS

[Appendix to Subsecs. X902.1 (2008 - X609.1) and X902.2 (2008 - X609.2)] received information that the banks DDA balance is insufficient to cover the amount of the penalty, it shall accordingly advise and request the bank to immediately fund its DDA. 4. As soon as it is funded, the banks DDA shall be debited by the CoSS for the amount of the penalty, plus the six percent (6%) additional charge for late payment of the penalty reckoned from the banking day immediately following the end of the fifteen (15)-day period up to the day of actual payment, based on the amount booked by the Department/Office concerned. 5. Payment by TBs, RBs or Coop banks of penalty, plus the additional charge, if any, by check or demand draft shall be made directly to the BSP Cash Department or to BSP Regional Cash Units in accordance with the provisions of Subsec. X902.4. 6. In the case of penalty/ies imposed on bank directors/officers, said directors/ officers shall be advised by the Department/Office concerned to pay within fifteen (15) calendar days from receipt of the SOA/billing letter directly to the BSP in the form of cash or check and in accordance with the provisions of Subsec. X902.4. Penalty or portion thereof which remained unpaid after the lapse of said fifteen (15)-day period shall also be subject to additional charge of six percent (6%) per annum reckoned from the banking day immediately following the end of the fifteen (15)-day period up to the day of actual payment.
For uniform implementation of the regulations on collection of fines/penalties from banks and/or directors/officers of banks, the following procedures shall be observed: 1. Upon approval of the fines/penalties by the Governor/ Monetary Board, the Department/Office concerned shall send the Statement of Account (SOA)/billing letter to the bank with an advice that the penalty should be paid in full within fifteen (15) calendar days from receipt of SOA/billing letter. For entities which maintain demand deposit account (DDA) with BSP, the amount of the penalty/ies shall be automatically debited from the banks DDA with the BSP after the lapse of the fifteen (15)-calendar day period. The bank shall likewise be advised that penalty or portion thereof which remained unpaid after the lapse of said fifteen (15)-day period shall be subject to additional charge of six percent (6%) per annum reckoned from the banking day immediately following the end of the fifteen (15)-day period up to the day of actual payment. 2. On the banking day immediately following the end of said fifteen (15)-day period, unpaid penalties shall be automatically debited, without additional charge, against the banks DDA with the BSP by the Comptrollership Sub-sector (CoSS) based on the amount booked by the Department/Office concerned after first confirming with the CoSS the sufficiency of the banks DDA balance to cover the amount of the penalty. 3. If, based on its confirmation with the CoSS, the Department/Office concerned
APP. 30 08.12.31
PRESCRIBED FORMAT MEMORANDUM OF UNDERSTANDING

[Appendix to Subsec. X111.3 (2008 - X106.3)] (Name of Bank) and the Bangko Sentral ng Pilipinas (BSP) wish to protect the interest of the depositors, creditors, shareholders and the public in general and toward that end, wish the Bank to operate safely and soundly and in accordance with all applicable banking laws, rules and regulations. In consideration of the above premise, the BSP, through its authorized deputies, and the Bank, by and through its duly elected Board of Directors (Board), do hereby agree that the Bank shall at all times operate in compliance with the articles of this Memorandum of Understanding. ACTION PLAN Within thirty (30) days, the Board shall adopt and implement a capital restoration plan detailing the Boards perception of what needs to be done to improve the Banks capital position, specifying how the Board will implement the plan and setting forth a timetable for the implementation of the plan. Upon completion of the plan, the Bank shall submit the plan to the appropriate supervising and examining department of the BSP for review. The Board shall establish appropriate procedures for the implementation of the plan. In the event the BSP recommends changes to the action plan, the Board shall immediately incorporate those changes into the plan. The plan shall be implemented pursuant to the time frames set forth within the plan unless events dictate modifications to the plan are required. Where the Board considers modifications appropriate, those modifications shall be submitted to the BSP for approval. CAPITAL PROGRAM (date) and thereafter maintain the following The Bank shall achieve by capital levels: a. At least equal to ten percent (10%) of its risk assets; b. At least equal to the following amounts (in million pesos): Existing Requirements Expanded KBs Non-Expanded KBs 3,500 1,625 Compliance Period 12/24/98 12/31/99 12/31/2000 4,500 2,000 4,950 2,400 5,400 2,800
APP. 30 08.12.31
Existing Compliance Period Requirements 12/24/98 12/31/99 12/31/2000 Thrift Banks Within Metro Manila Outside Metro Manila Rural Banks Within Metro Manila Cities of Cebu & Davao 1st/2nd/3rd class cities & 1st class municipalities 4th/5th/6th class cities & 2nd/ 3rd/4th class municipalities 5th/6th class municipalities 200 40 20 10 5 3 2 250 40 20 10 5 3 2 325 52 26 13 6.5 3.9 2.6 400 64 32 16 8 4.8 3.2
Within thirty (30) days, the Board shall develop a three (3)-year capital build-up program. The program shall include, as may be necessary: (a) Specific plans for the maintenance of adequate capital that should not be less than the requirements stated above; (b) Projections for growth and capital requirements based upon a detailed analysis of the Banks assets, liabilities, earnings, fixed assets and off-balance sheet activities; (c) Projections of sources and timing of additional capital to meet the Banks current and future needs; (d) The primary source(s) from which the Bank will strengthen its capital structure to meet the Banks needs; and (e) Contingency plans that identify alternative methods should the primary source(s) be not available. COMPLIANCE/PROGRESS REPORTS The Compliance Officer shall be responsible for monitoring and coordinating the Banks adherence to the provisions of this Memorandum of Understanding. The Compliance Officer shall submit a written progress report to the Board on a (Monthly/Quarterly) basis setting forth in detail: a. Actions taken to comply with each article of this Memorandum; and b. The results of those actions The Board shall submit (monthly/quarterly) progress reports to the appropriate supervising and examining department of the BSP containing the abovementioned details. FORMAL AGREEMENT Although the Board has by this Memorandum of Understanding consented to submit certain proposed actions and programs for the review and approval of the BSP, the Board has the ultimate responsibility for proper and sound management of the Bank. It is expressly and clearly understood that if, at any time, BSP deems it appropriate in fulfilling the responsibilities placed upon it by laws of the Republic of the Philippines to
APP. 30 08.12.31
undertake any action affecting the Bank, nothing in this Memorandum of Understanding shall in any way inhibit, estop, bar, or otherwise prevent it from so doing. Any time requirements specified in this Memorandum of Understanding shall begin from the effective date of this Memorandum. Such time requirements may be extended by the BSP for good cause upon written application of the Board. This Memorandum of Understanding shall be effective upon execution by the parties hereto, and its provisions shall continue in full force and effect until such time as they shall be amended by mutual consent of the parties to this Memorandum or excepted, waived, terminated by BSP. IN TESTIMONY WHEREOF, the undersigned has hereunto set his hand this day of at the City of , Philippines. BANGKO SENTRAL NG PILIPINAS _________________________ Authorized Deputy ________________________ Deputy Governor-SES
BANK __________________________ President _________________________ Chairman of the Board
_________________________ ( Witness )
_________________________ ( Witness )
APP. 31 10.12.31
IMPLEMENTING GUIDELINES FOR BANKS PARTICIPATING DIRECTLY IN THE CLEARING OPERATIONS1 OF THE PHILIPPINE CLEARING HOUSE CORPORATION
(Appendix to Items "b" of Sections 2205 and 3205) Sec. 1 Definitions of Terms a. Clearing Day shall refer to a day when the PCHC processes the exchange of checks and other cash items of participating member banks. b. Value or Settlement Date Settlement of both inward and outward items shall be value dated on the day the checks are originally presented to PCHC or Regional Clearing Center (RCC), net of AM returns. For this purpose, the value or settlement date referred to herein shall be defined uniformly as the date of original presentation of the Checks and Other Cash Items (COCI), to PCHC or RCC for the Integrated Greater Manila local exchanges (Integrated GM LX) and regional local exchanges (RLX). Unless otherwise modified in subsequent Circulars, value or settlement date for clearing items shall be as stated in the following schedule:
Session Value/Settlement Date Returned Items AM Returns On date of original Integrated Greater presentation of COCI Manila local to PCHC or Regional exchanges Clearing Center (RCC) (Integrated GM LX) and regional local excnages (RLX) Session Integrated GM Outward to Region Integrated GM Inward from Region Region to Region PM Returns (for returned COCIs due to technical reasons only Outward Items Integrated GM LX and RLX Value/Settlement Date On the date the COCIs are received and processed at PCHC On date of return
On date of original presentation of COCI to PCHC or RCC, net of AM returns Integrated GM On the date the COCIs Outward to Region are received and Integrated GM processed at PCHC Inward from Region Region to Region COCI not coursed On the date the COCI through PCHC is cleared by the drawee bank
Sec. 2 Ceiling on Overdraft Due to Clearing Losses. A ceiling shall be set on the amount of overdraft a bank may incur due to failure to cover clearing losses through interbank borrowings and/or repurchase agreements with BSP. The ceiling is defined as the sum of clean Overdraft Credit Line (OCL) equivalent to fifteen percent (15%) of rediscounting line with the BSP, and the collateralized OCL that will be extended by
The revised clearing and settlement process shall become effective as follows: From 01 January 2011 01 January 2011 To 24 January 2011 01 July 2011
Clearing Exchanges 1. Integrated Greater Manila Local Exchanges (Integrated GM LX) 2. Regional Local Exchanges (RLX)
Provided, That for RLX, the extended deferral from 24 January 2011 to 01 July 2011 shall refer only to the provision on the mandatory return of checks drawn against insufficient funds or credit, checks drawn against closed accounts and/or checks with stop payment orders, (i.e., not later than 7:30 AM of the next clearing day following the original presentation to PCHC or RCC), subject to the condition that checks returned due to insufficiency of funds or credit shall no longer be allowed to be covered or funded after the day they were presented to PCHC or RCC.
APP. 31 10.12.31
BSP. A bank not meeting the following criteria: i. CAMELS composite rating of at least 3 ii. CAR of at least ten percent (10%); or iii. No chronic reserve deficiencies for the immediately preceding one (1) year, Or other measures as may be defined by the BSP for this purpose, should apply for collateralized OCL in an amount equivalent to at least five percent (5%) of their demand deposit liabilities as of end of month, two (2) months prior to the date of application with the Department of Loans and Credit (DLC); otherwise, its outward clearing items shall be subject to second day value dating. Other banks may also apply for collateralized OCL in any amount. Sec. 3. Application for Collateralized OCL a. Banks shall file their application for collateralized OCL with the DLC supported by the documents indicated below: (1) A duly notarized secretarys certificate together with a resolution of the board of directors of the bank authorizing the bank to apply for the loan line and designating the officers authorized to negotiate, sign and execute all accessory documents for the loan line; (2) Notarized Surety Agreement executed by the controlling stockholders (owning more than fifty percent (50%) of the voting stock) and every person or group of persons whose stockholdings are sufficient to elect at least one director obligating themselves jointly and severally with the bank to pay promptly on maturity or when due the BSP, its successor or assigns, all promissory notes covering availment against the loan line, if any; and (3) Collateral documents to cover the loan line. b. The OCL line shall be secured by first class collateral that refer to the assets and securities which have relatively stable
and clearly definable value and/or greater liquidity and free from lien and encumbrances, to the extent of their applicable loan values, as follows:
Acceptable Collateral Loan Value With Surety Without Surety Agreement Agreement 80% 80%
(1) Governemt securitiesbased on the current market value of the securities (2) Unencumbered real estate properties in the name of the bank i. initial rate - based on 40% the appraised value (AV) of the land and insured improvements ii. Final rate - based on 70% the AV of the land and insured improvements determined by a licensed and independent appraiser acceptable to the BSP in accordance with BSP's terms of reference (3) Mortgage credits 40% of AV or i. Initial rate - based on 50% of the the AV of the property outstanding securing the loan balance evidenced by whichever negotiable instruments is lower or the outstanding balance of such loan ii. Final rate - based on 70% of AV or the AV of the property 80% of the securing the loan outstanding evidenced by balance negotiable instruments whichever is as determined by a lower licensed and independent appraiser acceptable to the BSP in accordance with the BSP's terms of reference or the outstanding balance of such loans (4) Hold-out on foreign 80% currency deposits with the BSP - based on current (buying) exchange rate (5) Investment grade 80% commercial papers
30%
60%
30% of AV or 40% of the outstanding balance whichever is lower 60% of AV or 70% of the outstanding balance whichever is lower
80%
80%
c. The DLC shall possess the application for OCL and any subsequent amendments to the approved OCL. Upon approval, the DLC shall require the bank to submit the following:
APP. 31 10.12.31
(1) Duly signed and notarized OCL Agreement between the bank and the BSP; and (2) PCHC certification that the bank participate in the PCHC clearing process in accordance with the MOA per BSP Circular Letter dated 11 September 2001. It shall also inform the Payments and Settlements Office (PSO) and Supervision and Examination Sector (SES) of the amount of the banks approved OCL and any changes that may occur thereafter. d. The amount of the approved OCL shall be reviewed and if necessary, amended annually or as circumstances warrant by the DLC. A nominal processing fee of ten thousand (P10,000.00) shall be collected annually or upon amendment of the OCL. e. The bank shall be allowed the flexibility of changing or substituting collateral, specially matured government securities. The DLC shall process any request for amendment to the collateral offerings. f. The loan value of the collaterals securing the OCL shall be correspondingly reduced under any of the following circumstances: (1) There are collections received on the mortgage credits; (2) The mortgage credits become past due; (3) The property mortgage was sold; and (4) The collateral assets fall short of the definition of first class collateral. g. The bank shall duly inform DLC of any collections on mortgaged credits or sale of assets mortgaged and ensure that adequate records on collections and sales made by the branches are maintained in its head office. Sec. 4 Availments Against the Approved Clean/Collateralized OCL
a. Provided the overdraft does not exceed the ceiling as defined in Section 2 hereof, the bank may avail of the clean/ collateralized OCL. The availment shall be granted the next banking day after taking into account the amount of AM returns, for value the previous banking day. b. The availment shall bear interest at one-tenth of one percent (1/10 of 1%) per day or the ninety-one (91)-day Treasury Bill rate of the last auction immediately preceding the availments, plus three percentage points whichever is higher. c. The availment shall be fully debited to the demand deposit account of the bank with BSP on the next banking day without need of demand. d. The availment shall be for a maximum period of five (5) consecutive clearing days or five (5) clearing days within any thirty (30)-day rolling calendar period, after which the OCL shall be suspended. Sec. 5 Procedures for Unwinding and Exclusion Should the overdraft exceed the ceiling as defined in Section 2 hereof, no availment of the clean/collateralized OCL shall be allowed. a. In the case of end-of-day overdraft, the PSO shall advise the PCHC of the amount available for settlement of the drawee banks inward clearing items net clearing loss, beyond which amount inward clearing items will be unwound in accordance with the PCHC Clearing House Rules and Regulations. b. In the case of final overdraft, i.e., after AM returns, where unwinding is no longer possible, the bank shall be excluded for next clearing. The PSO shall advise the PCHC of such exclusion upon prior Monetary Board Approval. Sec. 6 Conversion/Suspension of Clean/ Collateralized OCL
APP. 31 10.12.31
a. Banks found to be abusing their clean/collateralized OCL privilege shall be subject to suspension of the OCL. The following shall constitute an abuse of the OCL privilege and shall automatically result in the suspension of the OCL. i. Availment of OCLfor five (5) consecutive clearing days; or ii. Availment of OCL for five (5) times within any thirty (30) day rolling calendar period. The suspension of the OCL may be lifted upon the request by the bank concerned
subject to the approval by the Monetary Board. The collateralized OCL may be converted into an emergency loan provided the bank complies with the guidelines governing the grant of emergency loans under subsec. X272.2 or may be subject to foreclosure of collateral.
(As amended by Circular Nos. 705 dated 29 December 2010, 681 dated 08 February 2010, 516 dated 06 March 2006 and CL dated 04 August 2000)
APP. 32 08.12.31
ILLUSTRATIONS WHEN A DIRECTOR, OFFICER AND STOCKHOLDER (DOS) SHALL WAIVE THE SECRECY OF DEPOSITS
(Appendix to Subsec. X338.1b)
A.
When the loan is obtained from a bank that is a subsidiary of a holding company of which both the borrowers bank and the lending bank are subsidiaries.
X Holding Company
Y Bank (Subsidiary)
Z Bank (Subsidiary)
Lending Bank
Bank of DOS who borrows from Y Bank
Thus, if Mr. A, who is a director of Z Bank borrows from Y Bank, he should waive the secrecy of deposits of whatever nature in all banks in the Philippines since both Y Bank and Z bank are subsidiaries of X Holding Company.
APP. 32 08.12.31
B. When the loan is from a bank in which a controlling proportion of the shares is owned by the same interest that owns a controlling proportion of the shares of his bank. Lending banks Equity Structure
B ank Y
O w n er B 49%
O w n er A 51%
Borrowers bank Equity Structure
Bank Z
Owner B 49%
Owner A 51%
In illustration above, the controlling shares in both banks belong to the same interest, Owner A.
APP. 33 11.12.31
CLASSIFICATION, ACCOUNTING PROCEDURES, VALUATION AND SALES AND TRANSFERS OF INVESTMENTS IN DEBT SECURITIES AND MARKETABLE EQUITY SECURITIES
(Appendix to Subsec. X388.5) Section 1. Statement of Policy. It is the policy of the BSP to promote full transparency of the financial statements of banks and other supervised institutions in order to strengthen market discipline, encourage sound risk management practices, and stimulate the domestic capital market. Towards these ends, the BSP desires to align local financial accounting standards with international accounting standards as prescribed by the International Accounting Standards Board (IASB) to the greatest extent possible. Sec. 2. Scope. This Appendix covers accounting for investments in debt and equity securities except: a. those that are part of hedging relationship; b. those that are hybrid financial instruments; c. those financial liabilities that are held for trading; d. those financial assets and financial liabilities which, upon initial recognition, are designated by the FIs as at fair value through profit or loss; and e. those that are classified as loans and receivables. It also does not include accounting for derivatives and non-derivative financial instruments other than debt and equity securities. The foregoing exceptions and exclusions shall be covered by separate regulations. Sec. 3. Investments in Debt and Equity Securities. Depending on the intent, investments in debt and equity securities shall be classified into one (1) of four (4)
1
categories and accounted for as follows:1 a. Held to Maturity (HTM) Securities These are debt securities with fixed or determinable payments and fixed maturity that an FI has the positive intention and ability to hold to maturity other than: (1) those that meet the definition of Securities at Fair Value Through Profit or Loss; and (2) those that the FI designates as Available-for-Sale Securities . An FI shall not classify any debt security as HTM if the FI has, during the current financial year or during the two (2) preceding financial years, sold or reclassified more than an insignificant amount of HTM investments before maturity (more than insignificant in relation to the total amount of HTM investments) other than sales or reclassifications that: (a) are so close to maturity or the securitys call date (i.e., less than three (3) months before maturity) that changes in the market rate of interest would not have a significant effect on the securitys fair value; (b) occur after the FI has substantially collected all [i.e., at least eighty-five percent (85%)] of the securitys original principal through scheduled payments or prepayments; or (c) are attributable to an isolated event that is beyond the FIs control, is non-recurring and could not have been reasonably anticipated by the FI. For this purpose, the phrase more than an insignificant amount refers to sales or reclassification of one percent (1%) or more of the outstanding balance of the HTM portfolio: Provided, however, That sales or reclassifications of less than one percent
Reclassification allowed until 30 November 2005 as per MAB dated 23 November 2005
APP. 33 11.12.31
(1%) shall be evaluated on case-to-case basis. Sales or reclassifications before maturity that do not meet any of the conditions prescribed in this Appendix shall require the entire HTM portfolio to be reclassified to Available-for-Sale. Further, the FI shall be prohibited from using the HTM account during the reporting year of the date of sales or reclassifications and for the succeeding two (2) full financial years. Failure to reclassify the HTM portfolio to Availablefor-Sale on the date of sales or reclassifications, shall subject the FI and concerned officers to penalties and sanctions provided under Item "c" of X388.5. This provision shall be applied prospectively, i.e., on prohibited sales or reclassifications occurring on 13 March 2005 (effectivity date of Cir. 476 dated 16 February 2005) and thereafter. Securities held in compliance with BSP regulations, e.g., securities held as liquidity reserves and for the faithful performance of trust duties, may be classified either as HTM, Securities Held-for-Trading (HFT) or Available-for-Sale: Provided , That the provision of Item (4) of paragraph 2 of Section 3.a.1 shall not apply to sales or reclassifications of the said securities booked under HTM. a.1. Positive intention and ability to hold investments in HTM securities to maturity An FI does not have a positive intention to hold to maturity an HTM security if: (a) the FI intends to hold the security for an undefined period; (b) the FI stands ready to sell the security (other than if a situation arises that is non-recurring and could not have been reasonably anticipated by the FI) in response to changes in market interest rates or risks, liquidity needs, changes in the availability of and the yield on alternative investments, changes in financing sources and terms or changes in foreign currency risk; or
(c) the issuer has a right to settle the security at an amount significantly below its amortized cost. Sales before maturity could satisfy the condition of HTM classification and therefore need not raise a question about the FIs intention to hold other HTM securities to maturity if they are attributable to any of the following: (i) A significant deterioration in the issuers creditworthiness; for example, a sale following a downgrade in a credit rating by an external rating agency would not necessarily raise a question about the FIs intention to hold other investments to maturity if the downgrade provides evidence of a significant deterioration in the issuers creditworthiness judged by reference to the credit rating at initial recognition. Similarly, if an FI uses internal ratings for assessing exposures, changes in those internal ratings may help to identify issuers for which there has been a significant deterioration in creditworthiness, provided the FIs approach to assigning internal ratings and changes in those ratings give a consistent, reliable and objective measure of the credit quality of the issuers. If there is evidence that an instrument is impaired, the deterioration in creditworthiness is often regarded as significant; (ii) A change in tax law that eliminates or significantly reduces the tax-exempt status of interest on the HTM security (but not a change in tax law that revises the marginal tax rates applicable to interest income); (iii) A major business combination or major disposition (such as sale of a segment) that necessitates the sale or transfer of HTM securities to maintain the FIs existing interest rate risk position or credit risk policy: Provided, That the sale or transfer of HTM security shall be done only once and within a period of six (6)
APP. 33 11.12.31
months from the date of the business combination or major disposition: Provided, further, That prior BSP approval is required for sales or transfers occurring after the prescribed six (6)-month time frame. In this case, FIs shall submit to the appropriate department of the SES, a plan stating the reason for the extension and the proposed schedule for the disposition of the HTM security; (iv) A change in statutory or regulatory requirements significantly modifying either what constitutes a permissible investment or the maximum level of particular types of investments, thereby causing an FI to dispose of an HTM security; (v) A significant increase in the industrys regulatory capital requirements that causes the FI to downsize by selling HTM securities; or (vi) A significant increase in the risk weights of HTM securities used for regulatory risk-based capital purposes. An FI does not have a demonstrated ability to hold to maturity an investment in HTM security if: (aa) it does not have the financial resources available to continue to finance the investment until maturity; or (bb) it is subject to an existing legal or other constraint that could frustrate its intention to hold the security to maturity. Sales before maturity due to events that are non-recurring and could not have been reasonably anticipated by the FI such as a run on a bank, likewise satisfy the condition of HTM classification and therefore need not raise a question about the FIs intention and ability to hold other HTM investments to maturity. An FI assesses its intention and ability to hold its investment in HTM securities to maturity not only when those securities are initially recognized, but also at each time that the FI prepares its financial statements. a.2. HTM securities shall be measured
upon initial recognition at their fair value plus transaction costs that are directly attributable to the acquisition of the securities. For this purpose, transactions costs include fees and commissions paid to agents (including employees acting as selling agents), advisers, brokers and dealers, levies by regulatory agencies and securities exchanges, and transfer taxes and duties. Transaction costs do not include debt premiums or discounts, financing costs or internal administrative or holding costs. After initial recognition, an FI shall measure HTM securities at their amortized cost using the effective interest method. For this purpose, the effective interest method is a method of calculating the amortized cost of a security (or group of securities) and of allocating the interest income over the relevant period using the effective interest rate. The effective interest rate shall refer to the rate that exactly discounts the estimated future cash receipts through the expected life of the security or when appropriate, a shorter period to the net carrying amount of the security. When calculating the effective interest rate, an FI shall estimate cash flows considering all contractual terms of the security (for example, prepayment, call and similar options) but shall not consider future credit losses. The calculation includes all fees and points paid to the other party to the contract that are an integral part of the effective interest rate, transaction costs, and all other premiums or discounts. There is a presumption that the cash flows and the expected life of a group of similar securities can be estimated reliably. However, in those rare cases when it is not possible to estimate reliably the cash flows or the expected life of a security (or group of securities), the FI shall use the contractual cash flows over the full contractual terms of the security. A gain or loss arising from the change in
APP. 33 11.12.31
the fair value of the HTM security shall be recognized in profit or loss when the security is derecognized or impaired, and through the amortization process. An FI shall assess at each time it prepares its financial statements whether there is any objective evidence that an HTM security is impaired. If there is objective evidence that an impairment loss on HTM securities has been incurred, the amount of the loss is measured as the difference between the securitys carrying amount and the present value of estimated future cash flows (excluding future credit losses that have not been incurred) discounted at the securitys original effective interest rate (i.e., the effective interest rate computed at initial recognition). The carrying amount of the security shall be reduced through the use of an allowance account. The amount of the loss shall be recognized in profit or loss. As a practical expedient, a creditor may measure impairment of HTM securities on the basis of an instruments fair value using an observable market price. An FI first assesses whether objective evidence of impairment exists individually for HTM securities that are individually significant, and individually or collectively for HTM securities that are not individually significant. If an entity determines that no objective evidence of impairment exists for an individually assessed HTM security, whether significant or not, it includes the asset in a group of HTM securities with similar credit risk characteristics and collectively assesses them for impairment. HTM securities that are individually assessed for impairment and for which an impairment loss is or continues to be recognized are not included in a collective assessment of impairment. If, in a subsequent period, the amount of the impairment loss decreases and the decrease can be related objectively to an
event occurring after the impairment was recognized (such as an improvement in the debtors credit rating), the previously recognized impairment loss shall be reversed by adjusting the allowance account. The reversal shall not result in a carrying amount of the security that exceeds what the amortized cost would have been had the impairment not been recognized at the date the impairment is reversed. The amount of the reversal shall be recognized in profit or loss. b. Securities at Fair Value through Profit or Loss These consist initially of HFT securities. HFT are debt and equity securities that are: (1) acquired principally for the purpose of selling or repurchasing them in the near term; or (2) part of a portfolio of identified securities that are managed together and for which there is evidence of a recent actual pattern of short-term profit-taking. For this purpose, an FI shall adopt its own definition of short-term which shall be within a twelve (12)-month period. Said definition which shall be included in its manual of operations, shall be applied and used consistently. b.1 HFT securities shall be measured upon initial recognition at their fair value. Transaction costs incurred at the acquisition of HFT securities shall be recognized directly in profit or loss. After initial recognition, an FI shall measure HFT securities at their fair values without any deduction for transaction costs that it may incur on sale or other disposal. A gain or loss arising from a change in the fair value of HFT securities shall be recognized in profit or loss under the account Trading Gain/(Loss). c. Available-for-Sale Securities. These are debt or equity securities that are designated as Available-for-Sale or are not classified/designated as (a) HTM, (b)
APP. 33 11.12.31
Securities at Fair Value through Profit or Loss, or (d) Investment in Non-Marketable Equity Securities (INMES). c.1 Available-for-Sale securities shall be measured upon initial recognition at their fair value plus transaction costs that are directly attributable to the acquisition of the securities. After initial recognition, an FI shall measure Available-for-Sale securities at their fair values, without any deduction for transaction costs it may incur on sale or other disposal. A gain or loss arising from a change in the fair value of an Available-forSale security shall be recognized directly in equity under the account Net Unrealized Gains/(Losses) on Securities Available-forSale and reflected in the statement of changes in equity, except for impairment losses and foreign exchange gains and losses, until the security is derecognized, at which time the cumulative gain or loss previously recognized in equity shall be recognized in profit or loss. However, interest calculated using the effective interest method is recognized in profit or loss. Dividends on an Available-for-Sale equity security are recognized in profit or loss when the FIs right to receive payment is established. For the purpose of recognizing foreign exchange gains and losses on a monetary Available-for-Sale security that is denominated in a foreign currency, it shall be treated as if it were carried at amortized cost in the foreign currency. Accordingly, for such an Available-for-Sale security, exchange differences resulting from changes in amortized cost are recognized in profit or loss and other changes in carrying amount are recognized directly in equity. For Available-for-Sale securities that are not monetary items (for example, equity instruments), the gain or loss that is recognized directly in equity includes any related foreign exchange component. An FI shall assess at each time it prepares its financial statements whether
there is any objective evidence that an Available-for-Sale security is impaired. When a decline in the fair value of an Available-for-Sale security has been recognized directly in equity and there is objective evidence that the asset is impaired, the cumulative loss that had been recognized directly in equity shall be removed from equity and recognized in profit or loss even though the security has not been derecognized. The amount of the cumulative loss that is removed from equity and recognized in profit or loss shall be the difference between the acquisition cost (net of any principal repayment and amortization) and current fair value, less any impairment loss on that security previously recognized in profit or loss. Impairment losses recognized in profit or loss for an investment in an equity instrument classified as Available-for-Sale shall not be reversed through profit or loss. If, in a subsequent period, the fair value of a debt instrument classified as Available-for-Sale increases and the increase can be objectively related to an event occurring after the impairment loss was recognized in profit or loss, the impairment loss shall be reversed, with the amount of the reversal recognized in profit or loss. c.2.Underwriting Accounts (UA) shall be a sub-account under Available-for-Sale. These are debt and equity securities purchased which have remained unsold/ locked-in from underwriting ventures on a firm basis. UA account is applicable only to UBs and IHs. d. INMES - These are equity instruments that do not have a quoted market price in an active market, and whose fair value cannot be reliably measured. INMES shall be measured upon initial recognition at its fair value plus transaction
APP. 33 11.12.31
costs that are directly attributable to the acquisition of the security. After initial recognition, an FI shall measure INMES at cost. A gain or loss arising from the change in fair value of the INMES shall be recognized in profit or loss when the security is derecognized or impaired. An FI shall assess each time it prepares its financial statements whether there is any objective evidence that an INMES is impaired. If there is objective evidence that an impairment loss has been incurred on an INMES, the amount of impairment loss is measured as the difference between the carrying amount of the security and the estimated future cash flows discounted at the current market rate of return for a similar financial instrument. Such impairment loss shall not be reversed. For Securities at Fair Value through Profit or Loss and Available-for-Sale, an FI is required to book the mark-to-market valuation on a daily basis. However, an FI may opt to book the mark-to-market valuation every end of the month: Provided, That an adequate mechanism is in place to determine the daily fair values of securities. An FI shall recognize an investment in debt or equity security on its balance sheet when, and only when, the FI becomes a party to the contractual provisions of the financial instrument. A regular way purchase or sale of financial assets shall be recognized and derecognized, as applicable using trade date accounting or settlement date accounting. The method used is applied consistently for all purchases and sale of financial assets that belong to the same category. Sec. 4. Reclassifications1 a. An FI shall not reclassify a security into or out of the Fair Value through Profit Loss category while it is held.
1
b. If, as a result of a change in intention or ability, it is no longer appropriate to classify a debt security as HTM, it shall be reclassified as Available-for-Sale and remeasured at fair value, and the difference between its carrying amount and fair value shall be accounted for in accordance with Section 3.c.1. c. Whenever sales or reclassifications of more than an insignificant amount of HTM investments do not meet any of the conditions in Section 3.a, any remaining HTM investments shall be reclassified as Available-for-Sale. On such reclassification, the difference between the carrying amount and fair value shall be accounted for in accordance with Section 3.c.1. d. If a reliable measure becomes available for an INMES, it shall be reclassified as Available-for-Sale and remeasured at fair value, and the difference between its carrying amount and the fair value shall be accounted for in accordance with Section 3.c.1. e. If, as a result of a change in intention or ability, or because the two (2) preceding financial years referred to in Section 3.a have passed, it becomes appropriate to carry the debt security at amortized cost (i.e., HTM) rather than at fair value (i.e, Available- forSale), the fair value carrying amount of the security on that date becomes its new amortized cost. Any previous gain or loss on that debt security that has been recognized directly in equity in accordance with Section 3.c.1 shall be amortized to profit or loss over the remaining life of the HTM using the effective interest method. Any difference between the new amortized cost and maturity amount shall also be amortized over the remaining life of the security using the effective interest method, similar to the amortization of a premium and a discount. If the security is subsequently impaired, any gain or loss that has been recognized directly
The guidelines governing the reclassification of financial assets between categories in accordance with the provisions of the October 2008 amendments to PAS39 and PFRS7 are shown in Annex A.
APP. 33 11.12.31
in equity is recognized in profit or loss in accordance with Section 3.c.1. f. If, in the rare circumstance that a reliable measure of fair value is no longer available, it becomes appropriate to carry the equity security at cost (i.e., INMES) rather than at fair value (i.e., Available-for-Sale), the fair value carrying amount of the security on that date becomes its new cost. Any previous gain or loss on that equity security that has been recognized directly in equity in accordance with Section 3.c.1 shall remain in equity until the security is sold or otherwise disposed of, when it shall be recognized in profit or loss. If the financial asset is subsequently impaired, any previous gain or loss that has been recognized directly in equity is recognized in profit or loss in accordance with Section 3.c.1; and g. The following securities booked under the HTM category, shall be exempted from the tainting provision for prudential reporting purposes which prohibits banks from using the HTM category and requires reclassification of the entire HTM portfolio to the Available-forSale category during the reporting year and for the succeeding two (2) full financial years whenever a bank sells or reclassifies more than an insignificant amount of HTM investments before maturity, other than for reasons specified in Items a(a) to a(c) of Section 3 of this Appendix : Provided, That securities rejected under Items i and ii, shall continue to be booked under the HTM category: i. Securities offered and accepted in tender offers pursuant to liability management transactions of the Republic of the Philippines, Provided: That banks maintain appropriate documentation on such transactions; ii. Securities offered and accepted in debt exchange offerings of GOCCs which carry the guarantee of the Philippine National Government, and
iii. Foreign currency denominated NG/ BSP bonds/debt securities, outstanding as of 10 February 2007, which were reclassified from the HTM category in view of the increased risk-weights of said securities under Appendix 63b within thirty (30) calendar days after 10 February 2007. The subject securities once reclassified shall be accounted for in accordance with the measurement requirements of their new category (i.e., Available-for-Sale securities). Sec. 5. Impairment. A debt or equity security is impaired and impairment losses are incurred if, and only if, there is objective evidence of impairment as a result of event that occurred after the initial recognition of the security (a loss event) and that loss event has impact on the estimated future cash flows of the securities. Losses expected as a result of future events, no matter how likely, are not recognized. Objective evidence that the security is impaired includes observable data that comes to the attention of the holder of the security about the following loss events: a. significant financial difficulty of the issuer or obligor; b. a breach of contract, such as a default or delinquency in interest or principal payments; c. the FI, for economic or legal reasons relating to the issuers financial difficulty, granting to the issuer a concession that the FI would not otherwise consider; d. it becoming probable that the issuer will enter bankruptcy or other financial reorganization; e. the disappearance of an active market for that security because of financial difficulties; or f. observable data indicating that there is a measurable decrease in the estimated future cash flows from a portfolio of securities since the initial recognition of those assets, although the decrease cannot yet be identified with the individual securities in the portfolio, including:
APP. 33 11.12.31
(1) adverse change in the payment status of issuers in the portfolio; or (2) national or local economic conditions that correlate with defaults on the securities in the portfolio. The disappearance of an active market because an FIs held securities are no longer publicly traded is not evidence of impairment. A downgrade of an issuers credit rating is not, of itself, evidence of impairment, although it may be evidence of impairment when considered with other available information. A decline in the fair value of a security below its cost or amortized cost is not necessarily evidence of impairment (for example, a decline in fair value of an investment in debt security that results from an increase in the risk free interest rate). In addition to the types of events enumerated in Items a to f in this Section, objective evidence of impairment for an investment in an equity instrument includes
information about significant changes with an adverse effect that have taken place in the technological, market, economic or legal environment in which the issuer operates and indicates that the cost of the investment in the equity instrument may not be recovered. A significant or prolonged decline in the fair value of an investment in an equity security below its cost is also objective evidence of impairment. Sec. 6. Operations Manual. The FI shall maintain an operations manual for booking and valuation of HTM, Securities at Fair Value through Profit or Loss, Available-forSale and INMES. These guidelines shall no longer be applicable when an FI adopts PFRS 9 under Appendix 97.
(As amended by Circular Nos. 738 dated 11 October 2011, 733 dated 05 August 2011, 708 dated 10 January 2011, 670 dated 18 November 2009, 628 dated 31 October 2008, 626 dated 23 October 2008, 558 dated 22 January 2007, 546 dated 21 September 2006 and 509 dated 01 February 2006)
APP. 33 08.12.31
Annex A
RECLASSIFICATION OF FINANCIAL ASSETS BETWEEN CATEGORIES

The following quidelines govern the reclassification of investments in debt and equity securities between categories: Section I. Conditions for Reclassifications FIs shall be allowed to reclassify their investments in debt and equity securities from the Held for Trading (HFT) or Available for Sale (AFS) categories to the Held to Maturity (HTM) or Unquoted Debt Securities Classified as Loans (UDSCL) categories, subject to the following conditions: (1) The reclassification shall be done in accordance with the provisions of the October 2008 amendments to the International Accounting Standards (IAS) 39: Financial Instruments: Recognition and Measurements and International Financial Reporting Standards (IFRS) 7: Financial Instruments: Disclosures; (a) Only non-derivative financial assets may be reclassified from HFT to AFS, HTM or UDSCL. This shall however exclude those that are Designated at Fair Value through Profit or Loss (DFVPL). (b) A financial asset may be reclassified out of HFT into AFS/HTM/ UDSCL only in rare circumstances and if there is a change in intention (i.e., the financial asset is no longer held for the purpose of selling or repurchasing it in the near term). The financial assets shall be reclassified at their fair values on the effective date of reclassification all at the same time. Any gain or loss already recognized in profit or loss shall not be reversed. The fair value of a financial asset on the effective date of reclassification becomes its new cost or amortized cost, as applicable. For this purpose, FIs may reclassify all or a portion of its financial assets for HFT to AFS/HTM/UDSCL as of the same date which shall be any day from 01 July 2008 to 14 November 2008. For example, an FI may choose to reclassify all financial assets booked under HFT to AFS/HTM/UDSCL as of 01 July 2008 using their fair values as of 01 July 2008. Another FI may choose to reclassify all financial assets booked under HFT to AFS/HTM/UDSCL as of 14 November 2008 using their fair values as of 14 November 2008. Thereafter, FIs shall not be allowed to "retrospectively" reclassify HFT to AFS/HTM/UDSCL. Any reclassification on or after 15 November 2008 shall take effect only from the date when the reclassification is made. (c) A financial asset booked under HFT that would have also met the definition on UDSCL if the financial asset had not been required to be classified as HFT at initial recognition, may be reclassified from HFT to UDSCL if the entity has the intention and ability to hold the financial asset for the foreseeable future or until maturity. (d) The financial assets shall be reclassified at their fair values on the effective date of reclassification, not necessarily all at the same time. Any gain or loss already recognized in profit or loss shall not be reversed. The fair value of a financial asset on the effective date of reclassification becomes its new cost or amortized cost, as applicable. For this purpose, FIs may reclassify said financial assets from HFT to UDSCL as of any date from 01 July 2008 to 14 November 2008. Thereafter, FIs shall not be allowed to retrospectively reclassify HFT to UDSCL. Any reclassification on or
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after 15 November 2008 shall take effect only from the date when the reclassification is made. (e) The financial asset reclassified in accordance with Items "(b)", "(c)" or "(d)" above shall thereafter be treated in accordance with the guidelines provided in Appendix 20: Provided, however, That if an FI subsequently increases its estimates of future cash receipts as a result of increased recoverability of those cash receipts, the effect of that increase shall be recognized as an adjustment to the effective interest rate from the date of the change in estimate rather than as an adjustment to the carrying amount of the asset at the date of the change in estimate. (f) FIs that shall reclassify based on the provision of this Annex shall comply with the disclosure requirements under the Amendments to IAS 39 and IFRS 7 in preparing their audited financial statements. (2) Financial assets that are reclassified from HFT/AFS to HTM/ UDSCL shall thereafter be treated in accordance with the guidelines provided under Appendix 33; (3) Reclassification from the AFS to the HTM category shall only be allowed if there was a change in intention for holding the debt instrument, and the financial institution has the ability to hold it until maturity; and (4) FIs may reclassify from HFT/AFS to AFS/HTM/UDSCL effective 01 July 2008: Provided, That any reclassification made in periods beginning on or after 15 November 2008 shall take effect from the date when the reclassification is made. Sec. II. Alternative accounting treatment for prudential reporting purposes. The following may be adopted for purposes of prudential reports: (1) A financial asset booked under AFS may be reclassified from AFS to HTM/ UDSCL if the FI has the intention and ability
to hold the financial assets for the foreseeable future or until the maturity using the fair value carrying amount of the financial assets as of the effective date of reclassification. For this purpose, FIs may reclassify said financial assets from AFS to HTM/ UDSCL as of any day from 01 July 2008 to 14 November 2008. Thereafter, FIs shall not be allowed to retrospectively reclassify AFS to HTM/UDSCL. Any reclassification on or after 15 November 2008 shall take effect only from the date when ther reclassification is made. (2) Financial assets that are booked under AFS category because of the tainting of the HTM portfolio may be reclassified to HTM or UDSCL using the fair value carrying amount of the financial assets as of the effective date of reclassification. For this purpose, FIs may reclassify said financial assets from AFS to HTM/ UDSCL as of any day from 01 July 2008 to 14 November 2008. (3) Hybrid financial assets (other than CLNs) may be included among the financial assets that may be reclassified out of the HFT and into the AFS/HTM/UDSCL in accordance with Items "(1)(b)" and "(1)(c)" in Sec. I by, first, bifurcating the embedded derivative from the host instrument and booking the derivatives under Derivatives with Positive/Negative Fair Value; and second, reclassifying the host contract to AFS/HTM/UDSCL. (4) CLNs and other similar instruments that are linked to ROPs, on the other hand, may be included among the financial assets that may be reclassified (i) out of the HFT into AFS/HTM/UDSCL in accordance with Items "(1)(b)" and "(1)(c)"; or (ii) from AFS to UDSCL or HTM in accordance with Item "(1)(d)" all in Sec. I and Item "1" above, without bifurcating the embedded derivatives from the host instrument: Provided, That this shall only apply for CLNs that are outstanding as of the effective
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date of reclassification, which shall not be on or later than 15 November 2008. Sec. III. Applicability to Trust Institutions The guidelines shall likewise apply to trust institutions except for the following accounts: (a) UIT Funds; and (b) Pre-need, escrow and other accounts whose investments are regulated by or require approval from other regulatory agencies: Provided, That prior to the reclassification, the approval/consent and reflect the change in client's investment profile in the revised Investment Policy Statement as provided
in Appendix 83: Provided, further, That in the case of managed retirement funds/ employee benefit trust accounts, such reclassification shall be aligned with the liquidity requirements resulting from the latest actuarial valuation of the fund/account. Sec. IV. Reportorial Requirements. FIs that reclassify financial assets out of the HFT/ AFS categories shall submit a report on Reclassification of Financial Assets between Categories to the Supervisory Data Center, Supervision and Examination Sector on or before 30 November 2008.
(Circular No. 626 dated 23 October 2008 as amended by Circular No. 628 dated 31 October 2008)
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ESTABLISHING THE MARKET BENCHMARKS/REFERENCE PRICES AND COMPUTATION METHOD USED TO MARK-TO MARKET DEBT AND MARKETABLE EQUITY SECURITIES
(Appendix to Subsec. X388.5) General Principle As a general rule, to the extent a credible market pricing mechanism as determined by the BSP exists for a given security, that market price shall be the basis of marking-tomarket. However, in the absence of a market price, a calculated price shall be used as prescribed herein. Marking-to-Market Guidelines To ensure consistency, the following shall be used as bases in marking-to-market debt and equity securities: Type of Security A. Equity Securities Listed in the Stock Exchange 1. Traded in the Philippines Same day closing price as quoted at the Philippine Stock Exchange. In case of halt trading/suspension or holidays, use the last available closing price. Latest available closing price from the exchange where the securities are traded. Market Price Basis
2. Traded Abroad
B. Foreign Currency-Denominated Debt Securities Quoted in Major Information Systems (e.g., Bloomberg, Reuters) 1. US Treasuries 2. US Agency papers (e.g., Fannie Maes, Freddie Macs, Ginnie Maes, Municipal papers Price as of end of day, Manila time. Latest available price for the day, Manila time. In the absence of a price, use average quotes of at least three (3) regular brokers/market makers.* Same as B.2. Same as B.2. Same as B.2.
3. Brady Bonds 4. For all US$-denominated government and corporate securitites 5. Other foreign-currency securities
* Based on done rates if available. If done rates are not available, use the mid rate between bid and offer. If no mid-rates are available use the bid rate.
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C. Foreign Currency Denominated Debt Securities Traded in a Local Registered Exchange or Market The basis for marking-to-market foreign currency-denominated debt securities traded in a local registered exchange or market shall be the same as those used in Peso-Denominated Government Securities in Section D below. D. Peso-Denominated Government Securities The benchmark or reference prices shall be based on the weighted average of done or executed deals in a trading market registered with the SEC. In the absence of done deals, the best firm bid per benchmark tenor shall be used in calculating the benchmark: Provided, That the best firm offer per benchmark tenor shall likewise be included as soon as permissible under securities laws and regulations. The benchmark or reference rate shall be computed and published in accordance with prescribed guidelines on the computation of reference rates by a Calculation Agent which is recognized by the Bankers Association of the Philippines (BAP): Provided, That both the Calculation Agent and its method of computation are acceptable to the BSP. To ensure the integrity of the benchmark or reference prices, the Calculation Agent shall perform the following: 1. Monitor the quality of the contributed source rates for the benchmark; 2. Monitor the data contributors and replace participants, upon consultation with the BAP, that fail to meet commitments to the benchmark; 3. Monitor the activities of the participants to ensure compliance with
their commitments and for possible market manipulation and enforce sanctions on errant participants and immediately inform BAP and the BSP thereon; and 4. Review and upgrade the benchmark setting methodology upon consultation with BAP on a continuing basis, including documentation and publications thereof. Accordingly, all data on done and firm bids/offers must be credible and verifiable and preferably sourced from trade executions and reporting systems that are part of a regulated and organized market duly licensed by the SEC where the data contributors are bound to uphold the principles of transparency, fair trading and best execution. E. Peso-Denominated Private Debt Securities The basis for marking-to-market pesodenominated debt securities traded in an organized market shall be the same as those used in Peso-Denominated Government Securities in Section D above. For private debt securities which are not traded in an organized market, the mark-to-market value shall be based on the corresponding government security benchmark plus risk premium. The corresponding government security benchmark shall be determined according to Section D above. In determining the risk premium, the credit risk rating of the securities involved given by a BSPrecognized credit risk rating agency shall be established and taken into account whenever available. In the absence of such credit risk rating, alternative analyses may be used: Provided, That, these are welljustified by sound risk analysis principles.
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Other Guidelines For the market valuation of securities with odd tenors, interpolated yields derived from the benchmark or reference rates in accordance with the BSP-approved guidelines for computation of reference rate in Section D above shall be used.
Penalties and Sanctions FIs and the concerned officers found to have violated the provisions of these regulations shall be subject to the penalties prescribed under Subsec. X388.5: Provided, That non-compliance with the above guidelines may be a basis for a finding of unsafe and unsound banking practice.
(As amended by M-2007-006 dated 28 February 2007)
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GUIDELINES ON THE USE OF SCRIPLESS (RoSS) SECURITIES AS SECURITY DEPOSIT FOR THE FAITHFUL PERFORMANCE OF TRUST DUTIES
(Appendix to Sec. X405 and X415) Definition of Terms and Acronyms Scripless securities and RoSS securities - refers to uncertificated securities issued by the Bureau of Treasury (BTr) that are under the BTrs Registry of Scripless Securities Trust institution - refers to a bank that is authorized to engage in trust business BTr - Bureau of Treasury RoSS - Registry of Scripless Securities BSP - Bangko Sentral ng Pilipinas BSP-SES - Supervision and Examination Sector of BSP SRSO - Supervisory Reports and Studies Office of BSP-SES BSP-Comptrollership - Accounting Department of BSP GSED - Government Securities Eligible Dealer of the BTr DDA - refers to the regular demand deposit account of a bank with BSPComptrollership MOR - Manual of Regulations for Banks Appropriate supervising and examining department or responsible SED - refers to the Department of Commercial Banks I in the case of EKBs; or the Department of Commercial Banks II in the case of nonEKBs and branches of foreign banks; or the Department of Thrift Banks and Non-Bank Financial Institutions in the case of thrift banks, supervised by BSP. A. Basic Requirements 1. The BSP-SES shall file with BTr an application to open a RoSS Principal Securities Account where RoSS securities of trust institutions used as security deposit for trust duties shall be held. BSP-SES shall use Annex 1 for this purpose. 2. Using Annex 1-A, BSP-SES shall also apply for a Client Securities Account (sub-account) for each trust institution under its RoSS Principal Securities Account to enable BSP-SES to keep track of the security deposit. BTr shall maintain Client Securities Accounts for P1,000 each month per account. 3. A trust institution which has a DDA with BSP-Comptrollership shall act as its own settlement bank. A trust institution which does not have a DDA with the BSP-Comptrollership shall designate a settlement bank which will act as conduit for transferring securities for trust duties to the BSP-SES account and for paying interest, interest coupons and redemption proceeds. The trust institution shall inform the appropriate SED of the BSP of the designation of a settlement bank. 4. Each trust institution shall accomplish an Autodebit/Autocredit Authorization for its client securities account under the BSP-SES RoSS account. The document will authorize the BTr and the BSP to credit the DDA of the trust institution with BSP-Accounting for coupons/interest payments on securities in the BSP-SES RoSS accounts and to debit the DDA for the monthly fees payable to BTr for maintaining its client securities accounts with BSP-SES. It will also
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authorize the BTR and BSP to credit the deposit account of BSP-SES with BSPComptrollership for the redemption proceeds of securities that mature while in the BSP-SES RoSS account. A trust institution with a DDA with BSPComptrollership shall use Annex 2-A while a trust institution with a settlement arrangement shall use Annex 2-B. 5. BSP-SES shall open a deposit account with BSP-Comptrollership where the redemption value of securities shall be credited, in the event such securities mature while lodged in the RoSS account of BSP-SES. 6. SRSO shall be responsible for keeping track of the deposit and withdrawal of securities held under the BSP-SES Principal Securities Account and the Client Securities Accounts of the trust institutions. SRSO shall instruct BTr to transfer securities out of the BSP-SES account and the corresponding client securities accounts of trust institutions only after receiving authorization from the Director (or in his absence, the designated alternate officer) of the appropriate SED of SES. SRSO shall also be responsible for keeping track of the BSP-SES deposit account with the BSP-Comptrollership representing credits for the redemption value of security deposit of trust institutions that have matured while in the RoSS account of BSP-SES. SRSO shall maintain subaccounts for each trust institution for the purpose. SRSO shall instruct BSPComptrollership to transfer balances out of the deposit account and the corresponding sub-account of the trust institution only after receiving authorization from the Director (or in his absence, the designated alternate officer) of the appropriate SED of SES. 7. BSP-SES shall subscribe to the Telerate electronic trading system which is linked to BTrs RoSS and cause the installation of a Telerate terminal at SRSO.
Trust institutions may be required to reimburse BSP-SES for whatever expenses that may be incurred in connection with the subscription. 8. Every trust institution must ensure that it has adequate security deposit for trust duties pursuant to the provisions of Subsecs. X405.1, X405.2, X405.3 and X405.4 of the MOR. 9. BTr shall provide BSP-SES with the end-of-day transaction report whenever a transaction in any client securities account is made. BTr shall also provide BSP-SES a monthly report of balances of each client securities account. 10. Every quarter, the responsible SED of BSP-SES shall determine, based on the Report of Trust and Other Fiduciary Business and Investment Management Activities (CBP 7-16-35TR) submitted by the trust institution, whether or not the trust institutions security deposit for trust duties is sufficient pursuant to the provision of the MOR mentioned above. In case of deficiency, the department shall recommend the imposition of sanctions and/or any other appropriate action to higher authorities. B. Procedures for Assigning RoSS Securities as Security Deposit for Trust Duties 1. The trust institution shall advise the appropriate BSP-SES department that it will transfer RoSS securities to BSP-SES. The advise should be received by the BSP-SES at least two (2) banking days before the date of transfer using the prescribed form (Annex 3) and checking Box b of said form. (Box a shall be checked by a new trust institution that is making an initial security deposit pursuant to Subsec. X404.2 of the MOR.) The advice should be sent by cc mail or by fax to be followed by an official letter duly signed by an authorized trust officer. 2. The trust institution shall electronically instruct BTr to transfer
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securities from its own RoSS accounts to the BSP-SES RoSS and its corresponding Client Securities Account on the specified date. In the case of a trust institution with a settlement arrangement, the instruction shall be coursed through the settlement bank and the securities shall come from the RoSS account of the same bank. 3. BTr shall effect the transfer upon verification of RoSS balances. At the end of the day, BTr shall transmit a transaction report to SRSO containing the transfer. 4. SRSO shall provide the appropriate BSP-SES department a copy of the report. 5. The BSP-SES department concerned shall check from the report whether BTr effected the transfer indicated in the advice ( Annex 3 ) sent earlier by the trust institution. C. Procedures for Replacing RoSS Securities 1. The trust institution shall advise the appropriate SED of BSP-SES that it will replace existing RoSS securities assigned as security deposit. The advise should be received by the BSP-SES at least two (2) banking days before the date of replacement using the prescribed form (Annex 3). The trust institution shall check Box c of the form and indicate the details of the securities to be withdrawn. The advice should be sent by cc mail or by fax to be followed by an official letter duly signed by an authorized trust officer. 2. The responsible BSP-SES department shall verify whether the securities to be replaced are in the RoSS account of BSPSES and the sub-account of the trust institution and whether the book value of the securities to be deposited is equal to or greater than those to be withdrawn. The department concerned shall immediately communicate with the trust institution in case of a discrepancy. 3. The trust institution shall electronically instruct BTr to transfer
securities from its own RoSS account to the BSP-SES RoSS accounts and its corresponding Client Securities Account on the specified date. In the case of a trust institution with a settlement arrangement, the instruction shall be coursed through the settlement bank and the securities shall come from the RoSS account of the same bank. 4. BTr shall effect the transfer upon verification of RoSS balances. At the end of the day, BTr shall transmit a transaction report to SRSO containing the transfer. 5. SRSO shall immediately provide the appropriate BSP-SES department a copy of the report. 6. The BSP-SES department concerned shall immediately check from the report whether the securities transferred to the BSP-SES account are the same securities described in the advice (Annex 3) sent earlier. If in order, the Director (or in his absence, the designated alternate officer) of the department concerned shall authorize SRSO to instruct BTr to transfer the securities specified to be withdrawn from the BSP-SES account to the trust institutions (or the settlement banks) RoSS account. The Department concerned shall use Annex 5 and check Boxes a and d. Should there be any discrepancy, the department shall inform the trust institution immediately. The authority to allow the withdrawal should be transmitted to SRSO not later than the day after the replacement securities were transferred to the BSP-SES account. The BSP-SES department concerned shall also advise the trust institution that it has approved the replacement of security deposit by using Annex 6 and checking Boxes a and d and the appropriate box under d depending on whether or not the trust institution has a settlement arrangement. 7. On the same day, SRSO shall instruct BTr to transfer the securities
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specified to be withdrawn from the BSPSES account to the RoSS account of the trust institution (or its settlement bank). 8. BTr shall effect the transfer/ withdrawal. At the end of the day, BTr shall send a report to SRSO containing the transfer/withdrawal. 9. SRSO shall provide the appropriate BSP-SES department a copy of the report. 10. The responsible BSP-SES department shall check from the report whether BTr effected the transfer/withdrawal. D. Procedures for Withdrawing RoSS Securities 1. The trust institution shall advise the appropriate BSP-SES department that it will withdraw existing RoSS securities assigned as security deposit. The advice should be received by the BSP-SES at least two (2) banking days before the date of withdrawal using the prescribed form (Annex 4) and indicating therein details of the securities to be withdrawn. The advice should be sent by cc mail or by fax to be followed by an official letter duly signed by an authorized trust officer. 2. The responsible BSP-SES department shall verify whether the securities to be withdrawn are in the RoSS account of BSPSES and the Client Securities Account of the trust institution. The department shall also determine whether the amount of remaining security deposit will still be adequate in spite of the proposed withdrawal. If in order, the Director (or in his absence, the designated alternate officer) of the department concerned shall authorize SRSO to instruct BTr to transfer the securities specified to be withdrawn from the BSP-SES account to the trust institutions own RoSS account (or its settlement bank). The Department concerned shall use Annex 5 and check Boxes b and d. Should there be any discrepancy, the department shall inform the trust institution immediately. The authority to allow the withdrawal should be
transmitted to SRSO not later than the date of the withdrawal indicated in the advice (Annex 4) sent earlier by the trust institution. The BSP-SES department concerned shall also advise the trust institution that it has approved the withdrawal of security deposit by using Annex 6 and checking Boxes b and d and the appropriate box under d depending on whether or not the trust institution has a settlement arrangement. 3. On the same date, SRSO shall instruct BTr to transfer the securities specified to be withdrawn from the BSP-SES account to the RoSS account of the trust institution (or its settlement bank). 4. BTr shall effect the transfer/ withdrawal. At the end of the day, BTr shall send to SRSO a report which contains the transfer/withdrawal. 5. SRSO shall provide the appropriate BSP-SES department a copy of the report. 6. The BSP-SES department concerned shall check from the report whether BTr effected the withdrawal stated in the advice (Annex 4) sent earlier by the trust institution. E. Procedures for Crediting Interest Coupon Payments On coupon or interest payment date, BTr shall instruct BSP-Comptrollership to credit the DDA of trust institutions or their designated settlement banks for coupon/ interest payment of securities held under the RoSS account of BSP-SES. F. Procedures for Crediting and Withdrawing the Redemption Value of Matured Securities That are in the BSP-SES RoSS Account 1. On maturity date, BTr shall instruct BSP-Comptrollership to credit the deposit account of BSP-SES with BSPComptrollership for the redemption value of securities that mature while held as security deposit in the RoSS account of BSP-SES.
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2. BTr shall send to SRSO a copy of the credit advice. 3. SRSO shall immediately provide the appropriate BSP-SES department a copy of the credit advice. 4. The responsible BSP-SES department shall immediately inform the trust institution concerned of the cash credit and shall inquire whether the trust institution intends to transfer securities to the RoSS account of the BSP-SES to replace the matured securities. 5. The trust institution shall advise the appropriate BSP-SES department that it will transfer RoSS securities to BSP-SES in place of the cash credited to the deposit account of BSP-SES with BSP-Comptrollership for matured securities. The trust institution shall check Box d of the prescribed form (Annex 3). The concerned department shall determine if the book value of the securities to be transferred is equal to or greater than the cash credit. 6. The trust institution shall electronically instruct BTr to transfer securities from its own RoSS accounts to the BSP-SES RoSS account and its corresponding Client Securities Account on the specified date. In the case of a trust institution with a settlement arrangement, the instruction shall be coursed through the settlement bank and the securities shall come from the RoSS account of the same bank. 7. BTr shall effect the transfer upon verification of RoSS balances. At the end of the day, BTr shall send a report to SRSO containing the transfer.
8. SRSO shall provide the appropriate BSP-SES department a copy of the report. 9. The BSP-SES department concerned shall immediately check from the report whether the securities transferred to the BSP-SES account are the same securities described in the advice (Annex 3) sent earlier by the trust institution. If in order, the Director (or in his absence, the designated alternate officer) of the Department shall direct the SRSO to instruct BSP-Accounting Department to debit the BSP-SES deposit account and transfer the funds to the DDA of the trust institution (or its designated settlement bank). The Department concerned shall use Annex 5 and check Boxes c and e. The BSP-SES department concerned shall also advise the trust institution that it has approved the replacement of matured securities by using Annex 6 and checking Boxes c and e and the appropriate box under e depending on whether or not the trust institution has a settlement arrangement. 10. SRSO shall direct BSP-Accounting to debit the BSP-SES deposit account and credit the same amount to the DDA of the trust institution (or its designated settlement bank) using Annex 7. 11. BSP-Accounting shall effect the transaction and send a copy of the debit advice to SRSO and a copy of the credit advice to the trust institution (or the designated settlement bank). 12. SRSO shall send a copy of the debit advice to the SES department concerned.
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Annex 1 SUPERVISION AND EXAMINATION SECTOR (Date) Treasurer of the Philippines Bureau of Treasury Palacio del Gobernador Intramuros, Manila Attention: Dear : Registry of Scripless Securities (RoSS)
The Supervision and Examination Sector of the Bangko Sentral ng Pilipinas (BSPSES) hereby makes an application to open a Principal Securities Account in the Registry of Scripless Securities (RoSS) for the purpose of holding the security deposit for the faithful performance of trust duties of institutions engaged in trust business pursuant to Section 65 of R.A. No. 337, as amended. We understand that the Bureau of Treasury shall maintain the Principal Securities Account of BSP-SES for free. Very truly yours,
______________________ Deputy Governor
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Annex 1-A SUPERVISION AND EXAMINATION SECTOR
(Date) Treasurer of the Philippines Bureau of Treasury Palacio del Gobernador Intramuros, Manila Attention: Dear Ms. In connection with the Principal Securities Account of BSP-SES in the Registry of Scripless Securities (RoSS), please open Client Securities Account for the following trust institutions so we can keep track of their security deposit for the faithful performance of trust duties. Please note that the settlement bank of the institution, if it is required, is also indicated. Name of Trust Institution 1. 2. 3. We understand that the Bureau of Treasury will maintain the Client Securities Account for P1,000 per month per account. Very truly yours, Name of Settlement Bank, where required Registry of Scripless Securities (RoSS)
___________________________ Authorized Signatory
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Annex 2-A
To be used by a trust institution with own demand deposit account with BSP-Comptrollership Letterhead of Trust Institution AUTODEBIT/AUTOCREDIT AUTHORIZATION
The (name of bank) hereby authorizes the Bureau of Treasury (BTr) and the Bangko Sentral ng Pilipinas (BSP) to debit/credit our demand deposit account with BSP-Comptrollership for coupons/interest payment of our securities in the BSP-SES RoSS accounts; and to settle the payment of monthly maintenance fees to BTr of our client securities account under the BSP-SES RoSS account. We also authorize the BTr and the BSP to credit the Account of BSP-SES with BSP-Comptrollership for the redemption proceeds of our securities in the event such securities mature while in the RoSS account of BSP-SES. This authorization will take effect on (indicate date) .
(Authorized Signatory)
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Annex 2-B
To be used by a trust institution with settlement arrangement with a bank Letterhead of Trust Institution AUTO DEBIT/AUTOCREDIT AUTHORIZATION The (name of settlement bank) for the account (name of trust institution) hereby authorizes the Bureau of Treasury (BTr) and the of Bangko Sentral ng Pilipinas (BSP) to debit/credit our demand deposit account with BSPComptrollership for coupons/interest payment of securities of the trust institution in the BSP-SES RoSS accounts; for maturing securities of the trust institution held in our RoSS Principal Securities Account with BTr; and to settle the payment of monthly maintenance fees to BTr of our client securities account under the BSP-SES RoSS account. The (name of trust institution) also authorizes the BTr and the BSP to credit the Account of BSP-SES with BSP-Comptrollership for the redemption proceeds of our securities in the event such securities mature while in the RoSS account of BSP-SES. This authorization will take effect on (indicate date) .
(Authorized Signatory of Settlement Bank)
(Authorized Signatory of Trust Institution)
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Annex 3 Letterhead of Trust Institution Date: The Director SED I/SED II/SED III/SED IV Bangko Sentral ng Pilipinas A. Mabini St., Manila Dear Sir: We are transferring on (indicate date of transfer) the following securities to your Principal Securities Account and our Client Securities Account (sub-account) as our security deposit for the faithful performance of trust duties pursuant to Section 65 of R.A. No. 337, as amended. Type ISIN Purchase Date Issue Date Due Date Remaining Tenor a/ Face Amount Purchase Price
We are transferring the above securities: a. As our initial deposit b. As an additional security deposit c. To replace the following securities which we deposited on Type ISIN Purchase Date Issue Date Due Date Remaining Tenor a/
(date) Face Amount
. Purchase Price
d. To replace matured securities the redemption value of which P ______________ is credited to the deposit account of BSP-SES with BSP-Comptrollership. Very truly yours,
Name and Designation of Authorized Signatory
a/ Reckoned from actual date of transfer/withdrawal.
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Annex 4 Letterhead of Trust Institution
Date: The Director SED I/SED II/SED III/SED IV/SED V Bangko Sentral ng Pilipinas A. Mabini St., Manila Dear Sir: We wish to withdraw on (indicate date of transfer) the following securities used as security deposit for the faithful performance of trust duties from the Principal Securities Account and from our corresponding Client Securities Account (sub-account). Type ISIN Purchase Date Issue Date Due Date Remaining Tenor a/ Face Amount Purchase Price
Very truly yours,
Name and Designation of Authorized Signatory
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Annex 5 MEMORANDUM SED I/SED II/SED III/ SED IV For From : : The Director Supervisory Reports and Studies Office The Director Scripless Securities Used As Deposit for Trust Duties
Subject : Date :
In connection with the request of
(indicate name of trust institution) dated _______ to:
a. Replace outstanding RoSS securities b. Withdraw RoSS securities c. Replace cash credit of matured securities with outstanding RoSS securities you are hereby authorized to: d. Instruct the Bureau of Treasury to transfer the following securities out of the BSP-SES RoSS accounts to the RoSS Principal Securities Account of (indicate name of trust institution or, where applicable, the name of its settlement bank) Type ISIN Purchase Date Issue Date Due Date Remaining Tenor a/ Face Amount Purchase Price
e. Instruct BSP-Comptrollership to debit the BSP-SES deposit account in the amount of P_____________ and to transfer said amount to the demand deposit account of (indicate name of trust institution or, where applicable, the name of its designated settlement bank).
Authorized Signatory
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Annex 6 SED I/SED II/SED III/SED IV (Date)
(Name of Trust Institution) (Address) Subject: Dear Mr. _______________: We are pleased to inform you that we have approved your request dated ___________ to: a. Replace outstanding RoSS securities b. Withdraw RoSS securities c. Replace cash credit of matured securities with outstanding RoSS securities. Accordingly, we have authorized the Supervisory Reports and Studies Office to: d. Instruct the Bureau of Treasury to transfer the following securities out of the BSP-SES RoSS accounts to Scripless Securities Used As Deposit for Trust Duties
the RoSS Principal Securities Account your settlement banks RoSS Principal Securities Account, the securities described in your request.
e. Instruct BSP-Comptrollership to debit the BSP-SES deposit account in the amount of P_______ and to credit said amount to -
your demand deposit account with BSP-Comptrollership your settlement banks demand deposit account with BSP-Comptrollership Very truly yours,
________________________________ Authorized Signatory
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PROFORMA PAYMENT FORM

BANGKO SENTRAL NG PILIPINAS Manila (Name of Department/Office) FOR The Director Cash Department Please issue OFFICIAL RECEIPT to (nature of payment) Account Code (name of payor) as payment of
and effect the following accounting entries: DR/CR Amount P Total Debit Total Credit P Approved by: (Name of BSP Official/Position) Date:
Account Title/Description Accountee Type/Code/Name
Received by: Date:
Official Receipt No: Date:
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SUGGESTED GESTATION/GRACE PERIODS FOR AGRICULTURE AND FISHERIES PROJECTS

(Appendix to Sec. X349) SUGGESTED MAXIMUM GRACE PERIOD (Years) 5 4 5 6 5 7 4 7 7 7 7 7 5 7 7 7 7 will depend on the cash flow or type of project, up to a maximum of seven (7) years
PROJECT A. Crops Abaca Blackpepper Cacao Calamansi Cashew Coconut Coffee Durian Lanzones Mango Mangosteen Pomelo Rambutan Rubber Palm Oil Pili Jackfruit Others a B. Livestock C. Poultry D. Fisheries
GESTATION (Years) 4-6 3-4 4-6 4-6 5 7-8 3-4 5-7 6-8 5-7 6-8 5-7 6-7 5-7 4-6 6-8 5-7
Note: Cash Flows/Cost and Return Analysis for these projects are available at the Agribusiness and Marketing Assistance Service, Department of Agriculture.
a/
Others - other crops/projects as may be determined by the Department of Agriculture through the Agricultural Credit Policy Council which may include industrial tree crops planted in private lands and used for intercropping purposes.
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BASIC GUIDELINES IN ESTABLISHING BANKS

(Appendix to Sec. X102) A. GUIDING PRINCIPLE The new banking organization must have suitable shareholders, adequate financial strength, a legal structure in line with its operational structure, and a management with sufficient expertise and integrity to operate the bank in a sound and prudent manner. Where the proposed owner or parent organization is a foreign bank, the prior consent of its home country supervisor should be obtained. B. THE APPLICATION 1. The application for authority to establish a bank shall be accomplished in triplicate. The original copy and duplicate copy shall be submitted to the Supervisory Reports and Studies Office (SRSO), BSP. The third copy shall be retained by the organizers. 2. The required papers/documents and other information in support of the application are, as follows: a. Agreement to organize a bank. b. Accomplished bio-data sheet of each of the incorporators, proposed directors and officers, and subscribers. c. Evidence of Filipino citizenship of each of the incorporators, proposed directors and officers, and subscribers if he/ she claims to be a Filipino citizen: (1) In case of a natural-born Filipino citizen, original or certified true copy of birth certificate from issuing office. In case the birth certificate cannot be produced by reason of destruction or otherwise, an affidavit to that effect by the civil registrar concerned should be submitted accompanied by an affidavit by the incorporator, director, officer or subscriber himself stating, among other things, the date and place of his birth and the names of his parents and their citizenship at the time of the affiants birth; and joint affidavit of two (2) disinterested/ unrelated persons stating, among other things, the date and place of the subjects birth and the names of his parents and their citizenship at the time of the subjects birth; or (2) In case of a naturalized citizen of the Philippines, the naturalization certificate, certificate of registration thereof with the civil registrar and other pertinent papers; or (3) In the absence of the abovementioned documents, a photocopy of the passport (with original to be presented for verification). d. Statement of assets and liabilities as of a date not earlier than ninety (90) days prior to the filing of application of each of the subscribers, sworn to by the subscriber himself and duly notarized, or certified by a Certified Public Accountant (CPA), with supporting schedules showing the following information: (1) In the case of cash in banks: (a) name of depository bank, (b) nature of deposit, and (c) amount of deposit with each bank as of balance sheet date; (2) In the case of securities: (a) name and address of issuing corporation/entity, (b) number of shares owned as of balance sheet date, (c) par value, (d) date and cost of acquisition, and (e) information as to whether the securities are actively traded in the stock market and, if so, their current market price; (3) In the case of land: (a) description (agricultural, etc.), (b) area, (c) location, (d) date and cost of acquisition, (e) transfer certificate of title or tax declaration number, (f) amount of encumbrance or lien, if any, (g) assessed value, and (h) current market value (state basis of valuation);
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(4) In the case of real estate improvements: (a) description of improvement (residential house, etc.), (b) location, (c) date and cost of acquisition/construction, (d) assessed value, and (e) current market value (state basis of valuation); (5) In the case of accounts receivable, state the name and address of each debtor and the amount due from each; and (6) In the case of accounts payable or other liabilities, state the name and address of each creditor and the amount owed to each. (Evidences of asset ownership such as bank certification/statement, savings passbook, certificate of time deposit, bond or stock certificate, transfer certificate of title, tax declaration, etc. and waiver of rights under R. A. No. 1405, as amended, shall be submitted/presented for verification). e. Statement of income and expense for the last three (3) calendar years of each of the subscribers, sworn to by the subscriber himself and duly notarized, or certified by a CPA. f. Certified photocopies of Income Tax Returns (ITRs) for the last three (3) calendar years of each of the incorporators, proposed directors and officers, and subscribers. g. Clearances from the National Bureau of Investigation (NBI) and Bureau of Internal Revenue (BIR) of each of the incorporators, proposed directors and officers, and subscribers. h. For corporate subscribers: (1) Copy of the board resolution authorizing the corporation to invest in such bank; and designating the person who will represent the corporation in connection therewith; (2) Copy of the latest articles of incorporation and by-laws; (3) List of directors and principal officers;
(4) List of major stockholders, indicating the citizenship and the number, amount and percentage of the voting and non-voting shares held by them; (5) A copy of the corporations audited financial statements for the last two (2) years prior to the filing of application; (6) A copy of the corporations annual report to the stockholders for the year immediately preceding the date of filing of application; (7) Certified photocopies of ITRs for the last two (2) calendar years; and (8) BIR clearance. i. For foreign bank subscribers: (1) A copy of the board resolution authorizing the bank to invest in a bank in the Philippines, and designating the person who will represent the bank in connection therewith; (2) Historical background of the bank, as follows: (a) Date and place of incorporation; (b) List of domestic branches, agencies, other offices, subsidiaries and affiliates and their line of business (if different from banking) in the home country; (c) List of foreign branches, agencies, other offices, subsidiaries and affiliates, and their location and line of business (if different from banking); (d) Range of banking services offered; and (e) Financial and commercial relationship with the Philippine government, local banks, business entities and residents, past or present; (3) A copy each of the banks latest amended articles of incorporation and by-laws; (4) List of the banks directors and their citizenships; (5) List of principal officers of the banks head office;
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(6) List of major stockholders, indicating the citizenship and the number, amount and percentage of the voting and non-voting shares held by them; (7) A copy of the banks audited financial statements for the last two (2) years prior to the filing of application; (8) A copy of the banks annual report to the stockholders for the year immediately preceding the date of filing of application; and (9) A certification from the banks home country supervisory authority that the banks home country supervisory authority has no objection to the banks investment in a bank in the Philippines, and that adequate information on the bank and its subsidiaries will be provided to the BSP to the extent allowed under existing laws. j. Detailed plan of operation and economic justification for establishing the bank. ( The plan of operation should describe and analyze the market area from which the bank expects to draw the majority of its business and establish a strategy for the banks ongoing operations. It should also describe how the bank will be organized and controlled internally. The economic justification for establishing the bank should provide information on the economic profile of the region, e.g., population, agricultural/industrial/service projects to be financed). k. Projected monthly financial statements for the first twelve (12) months of operations, together with assumptions. (The financial projections should be consistent and realistic in relation to the banks proposed strategic plan, and should show sufficient capital to support the banks strategy, specially in the light of start-up costs and possible operational losses in the early stages.) l. Proposal by each of the subscribers on how they will raise the amount to pay for their proposed paid-up capitalization in the bank.
3. The application shall be considered filed on a first-come, first-served basis: Provided, That all the required documents are complete and properly accomplished. 4. Pursuant to Section 26 of R. A. No. 7653, approval of application shall be subject, among others, to the waiver of secrecy of deposits under Sec. X338. 5. Prescribed application form, together with other forms, is available at the Studies and Chartering Group, SRSO. C. CAPITAL REQUIREMENT/ STOCKHOLDINGS 1. Banks to be established shall comply with the required minimum capital prescribed under Subsec. X111.1 or as may be prescribed by the Monetary Board. 2. At least twenty-five percent (25%) of the total authorized capital stock shall be subscribed by the subscribers of the proposed bank, and at least twenty-five percent (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 in Item 1 above. 3. Stockholdings of any person or persons related to each other within the third (3rd) degree of consanguinity or affinity, or one (1) or more corporations wholly-owned or majority of the voting stock of which is owned by such person or persons shall not exceed twenty percent (20%) of the voting stock of the bank; while stockholdings of any other corporation, or two (2) or more corporations wholly-owned or majority of the voting stock of which is owned by the same group of persons shall not exceed thirty percent (30%) of the voting stock of the bank. ( Temporarily waived for a period of 10 years from the effectivity of R.A. No. 7906, i.e., 17 March 1995 for TBs; and from the date of approval of R.A. No. 7353, i.e., 2 April 1992 for RBs). 4. At least seventy percent (70%) of voting stock of any KB shall be owned by Filipino citizens: Provided, That such percentage may be lowered to sixty percent
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(60%) with approval of the President of the Philippines. For any TB, at least forty percent (40%) of its voting stock shall be owned by Filipino citizens. Subject to Section 4 of R.A. No. 7353, all of the capital stock of any RB shall be fully owned and held, directly or indirectly, by Filipino citizens or corporations, associations or cooperatives qualified under Philippine laws to own and hold such capital stock. D. INCORPORATORS/SUBSCRIBERS, DIRECTORS AND OFFICERS 1. The incorporators/subscribers and proposed directors and officers must be persons of integrity and of good credit standing in the business community. The subscribers must have adequate financial strength to pay for their proposed subscriptions in the bank. 2. The incorporators/subscribers and proposed directors and officers must not have been convicted of any crime involving moral turpitude, and unless otherwise allowed under the provisions of existing laws are not officers or employees of a government agency, instrumentality, department or office charged with the supervision of, or the granting of loans to banks. 3. A bank may be organized with not less than five (5) nor more than fifteen (15) incorporators. In case there are more than fifteen (15) persons initially interested in organizing and investing in the proposed bank, the excess may be listed among the original subscribers in the Articles of Incorporation. 4. The number of members of the board of directors of the bank shall not be less than five (5) nor more than fifteen (15) and shall always be in odd numbers. 5. At least two-thirds (2/3) of the members of the board of directors of any KB shall be Filipino citizens; at least a majority of the members of the board of
directors of any TB shall be Filipino citizens; and all members of the board of directors of an RB shall be Filipino citizens. 6. No appointive or elective public official, whether full-time or part-time shall at the same time serve as officer of a KB or a TB except in cases where such service is incident to financial assistance provided by the government or a government-owned or -controlled corporation to the bank. 7. The proposed directors and officers of the bank shall be subject to qualifications and other requirements under Sections X141, X142 and X143. a. Qualifications of a director. A director shall have the minimum qualifications prescribed in Subsec. X141.2. In addition, for TBs and RBs, at least one (1) of the members of the Board of Directors must, in addition to the minimum qualifications, have at least one (1) year experience in banking and/or finance: Provided, That this requirement may be waived if the TB or RB is to be established in a municipality or city where there is no existing bank. b. Qualifications of an officer. An officer shall have the minimum qualifications prescribed in Subsec. X142.2. In addition, for KBs, the president must, in addition to the minimum qualifications, have at least two (2) years experience in banking and/or finance. For TBs and RBs, any one (1) of the president, chief operating officer or general manager must, in addition to the minimum qualifications, have at least two (2) years experience in banking and/or finance. c. Disqualifications of a director. The disqualifications prescribed under Subsec. X143.1 shall apply. d. Disqualifications of an officer. The disqualifications prescribed under Subsec. X143.2 shall apply.
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E. REQUIREMENTS FOR THE ISSUANCE OF AUTHORITY TO OPERATE 1. Within sixty (60) days from receipt of advice of approval by the Monetary Board/ Governor of their application for authority to establish the bank, the organizers shall: a. Submit the articles of incorporation, treasurers sworn statement and by-laws in seven (7) copies; and b. Deposit with any KB (for KBs and TBs) and any bank (for RBs) the initial paidup capital of the proposed bank. 2. Within thirty (30) days after the articles of incorporation and by-laws had been passed upon by the Office of the General Counsel and the corresponding certificates of authority to register had been issued, the organizers shall effect the filing and registration of said documents with the SEC. 3. Within six (6) months (for KBs and TBs) and eight (8) months (for RBs) from receipt of advice of approval by the Monetary Board/Governor of their application for authority to establish the bank, the organizers shall: a. Complete the construction and furnishing of the bank building, which shall be equipped with vault and appropriate security devices such as lighting system, time delay device, tamper-resistant locks, alarm system, etc., and provided with furniture, fixtures, equipment and bank forms; b. Effect and complete the recruitment and hiring of officers and employees of the bank; c. Submit the following documentary requirements at least thirty (30) days before the scheduled start of operations: (1) Proof of registration of articles of incorporation and by-laws; (2) Certification of compliance with the conditions of approval duly signed by the incorporators;
(3) List of principal and junior officers and their respective designations and salaries; (4) Bio-data sheet, evidence of citizenship and NBI and BIR clearances of each of the officers (who have not had the previous approval of the Monetary Board/Governor) which are needed for the evaluation of their qualifications as officers; (5) Chart of organization (The chart should show the names of departments/ units/offices with their respective functions and responsibilities, and the designations of positions in each department/unit/office with their respective duties and responsibilities. The internal organization should provide for a management structure with clear accountability, a board of directors with ability to provide independent check on management, and independent audit and compliance functions, and should follow the four eyes principle, e.g., segregation of various functions, cross-checking, dual control of assets, double signatures, etc.); (6) Manual of operations embodying the policies and operating procedures of each department/unit/office, covering such areas as signing/delegated authorities, etc. (for KBs and TBs); (7) Plantilla showing the positions with corresponding salaries, the total of which should more or less conform with the amount of salaries shown in the submitted projected statement of earnings and expenses; (8) Two (2) sets of specimens of principal bank accounting and other forms; (9) Bond policy on officers and custodial employees; (10) Insurance policy on bank properties required to be insured; (11) Blueprint of floor layout of bank premises; (12) Contract of lease on banks premises, if the same are to be leased;
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(13) Excerpts of the minutes of the organizational meetings confirming all organizational and pre-opening transactions relative to activities undertaken to prepare the bank to operate (such as appointment of officers, contract of lease, etc.); (14) An alphabetical list of stockholders with the number and percentage of voting stocks owned by them; (15) A separate list containing the names of persons who own voting stocks in banks and who are related to each other within the third (3 rd ) degree of consanguinity or affinity, with proper indication of the combined percentage of voting stocks held by them in the particular bank, as well as corporations which are wholly-owned or a majority of the stock of which is owned by any of such persons, including their wholly- or majority-owned subsidiaries; (16) Certification by the President that no person who is the spouse or relative within the second (2 nd ) degree of consanguinity or affinity of any person holding the position of Chairman, President, Executive Vice-President or any position of equivalent rank, General Manager, Treasurer, Chief Cashier or Chief Accountant will be appointed to any of said positions in the bank; (17) Appointment of an officer of the proposed bank who shall have undergone orientation on the reportorial requirements with the Department of Thrift Banks and Non-Banks Financial Institutions (DTBNBFI), and a certification by the Manager that he is fully aware of said reportorial requirements
and the respective deadlines for submission to the BSP (for TBs); and (18) Other documents/papers which may be required. d. File with SRSO a request for ocular inspection of the bank premises at least thirty (30) days before the scheduled start of operation. F. INAUGURATION/OPENING OF THE BANK FOR BUSINESS AFTER THE CERTIFICATE OF AUTHORITY TO OPERATE HAS BEEN ISSUED G. REQUIREMENTS WITHIN THIRTY (30) DAYS AFTER FIRST DAY OF OPERATIONS 1. Inform the BSP of the first day of operation and the banking hours and days; and 2. Submit a statement of condition as of the first day of operation. H. REVOCATION OF AUTHORITY TO ESTABLISH A BANK The authority to establish a bank shall be automatically revoked if the bank is not organized and opened for business within six (6) months (for KBs and TBs) and eight (8) months (for RBs) after receipt by the organizers of the notice of approval by the Monetary Board/ Governor of their application. Extension may be granted upon presentation of justifiable reason for failure to open the bank within the prescribed period, and proof that the bank can be opened within the extension period.
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RULES AND REGULATIONS FOR COOPERATIVE BANKS

(Appendix to Sec. X102) Pursuant to Monetary Board Resolution No. 192 dated 11 February 2010, following are the revised rules and regulations governing the organization, membership, establishment, administration, activities, supervision and regulation of Cooperative Banks to implement the provisions of Chapter XII of Republic Act No. 9520 otherwise known as the Philippine Cooperative Code of 2008, which amends Republic Act No. 6938 otherwise known as the Cooperative Code of the Philippines. Sec. 1 Statement of Policy. The Bangko Sentral is committed to developing a sound and vibrant cooperative banking sector to support the growth of rural economies and communities. Toward this end, these rules and regulations recognize the unique nature and character of Coop Banks while at the same time ensure that they are operating within a level playing field with other types of banks and thereby comply with banking laws, rules and regulations. Sec. 2 Definition of Cooperative Banks A Coop Bank is one organized for the primary purpose of providing a wide range of financial services to cooperatives and their members. It shall be organized only by cooperative organizations that are duly established and registered under the Philippine Cooperative Code of 2008 (R.A. No. 9520). A cooperative organization is a duly registered association of persons with a common bond of interest, who have voluntarily joined together to achieve their social, economic and cultural needs and aspirations by making equitable contributions to the capital required patronizing their products and services and accepting a fair share of the risks and benefits of the undertaking in accordance with universally-accepted cooperative principles. For purposes of these regulations, a Cooperative Bank shall, likewise, be considered a cooperative that should be registered with the Cooperative Development Authority (CDA), subject to the requirements and requisite authorization of the BSP. Sec. 3 Registration. Application Procedures and Pre-Operating Requirements for Coop Banks 1. A prospective Coop Bank shall file its application for licensing as a bank with the BSP, and upon approval, shall be registered with the CDA; 2. Duly registered cooperatives applying for authority to establish a Coop Bank shall submit the following documents to the Central Application and Licensing Group (CALG), SES; a. Certificate of registration or reregistration with the CDA; b. Board resolution authorizing the investment of the cooperative to the Coop Bank; c. Board resolution appointing/ designating the authorized representative of the cooperative to the Coop Bank. The authorized representative must either be the chairman, president or secretary of the cooperative; d. Latest AFS of the cooperatives; e. Articles of Cooperation, Treasurers Sworn Statement and By-Laws of the proposed Coop Bank in six (6) copies; f. Certificate of Good Standing of each cooperative from the CDA;
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g. Bio-data, accomplished in the prescribed form under oath and in triplicate, by each of the authorized representatives of the cooperative members, and proposed members of the board of directors and officers of the Coop Bank; h. NBI/BIR clearances of the authorized representatives of the cooperative members and proposed members of the board of directors and officers of the Coop Bank; i. Latest statement of assets and liabilities of authorized representatives which must be not earlier than ninety (90) days from date of application; j. Projected monthly financial statements for the first three (3) years of operations which must be supported by the following: 1. reasonable assumptions; 2. plantilla of organization including the estimated salaries and allowances of the officers and employees, as well as the members of the board of directors; 3. schedule of proposed banking premises, furniture, fixtures and equipment indicating their estimated cost; and 4. such other information as may be necessary. k. Detailed plan of operations which should include the following minimum information: 1. marketing plan describing how the bank expects to generate viable and sustainable business; 2. description of how the bank will be organized and controlled internally to ensure that an appropriate system of corporate governance will be in place; and 3. adequate operational policies and procedures, internal control procedures and management expertise to operate the proposed bank in a safe and sound manner. l. Economic justification. The economic justification for establishing the bank should provide information on the economic
profile of the proposed area of operation, i.e., whether it is industrial, agricultural, etc., number of existing business establishments, population, expected competition and such other relevant information. 3. A Coop Bank established under R.A. No. 9520 shall comply with the preoperating requirements specified in Section 11, Appendix 38. a. Within eight (8) months from receipt of advice of approval of the Monetary Board of its application, the proposed Coop Bank shall: 1. Complete the construction and furnishing of the bank building which shall be equipped with facilities, furniture, forms and stationery, and vault of reinforced concrete with a steel two (2)-hour fire resistant door and equipped with time delay device, in accordance with the specifications of the BSP; 2. Effect and complete the training/ seminar of directors, officers and employees of the Coop Bank; and 3. Inaugurate and open the Coop Bank for business. b. At least thirty (30) days prior to the start of operations, the Coop Bank shall submit the following requirements 1. Certification of compliance with the conditions of approval of the applications duly signed by the cooperators; 2. Proof of registration of Articles of Cooperation, Treasurers Sworn Statement and By-Laws of the Bank; 3. Certificate of deposits of the banks paid-in capital; 4. Request for ocular inspection of the bank premises at least thirty (30) days before the scheduled date of operations; 5. Certificates of training/seminar of officers and employees; 6. Certificates of attendance of the special seminar for members of the board
Required under Subsec. X111.1
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of directors conducted or accredited by the BSP; 7. List of principal and junior officers and their respective designations and salaries; 8. Bio-data sheets, NBI/BIR clearances, statement of assets and liabilities, ITRs and statement of income and expenses for the last three (3) years of directors/officers who have not had the previous approval of the Monetary Board, for evaluation of their qualifications prior to their appointment; 9. Chart of organization. The chart should show the names of departments/ units/offices with their respective functions and responsibilities, and the designations of positions in each department/unit/office with their respective duties and responsibilities. The internal organization should provide for a management structure with clear accountability, a board of directors with ability to provide independent check on management and independent audit and compliance functions, and should follow the four eyes principle, i.e., segregation of various functions, cross checking, dual control of assets, double signatures; 10. Manual of Operations embodying the policies and operating procedures of each department/unit/office covering such areas as signing/delegated authorities; 11. Two (2) sets of specimens of principal bank accounting and other forms; 12. Blueprint of floor layout of bank premises; 13. Contract of lease on banks premises, if the same are to be leased; 14. Insurance coverage of bank properties; 15. Fidelity bonds of accountable officers; 16. Excerpts of the minutes of the organizational meetings confirming all organizational and pre-opening transactions relative to activities undertaken to prepare
the bank to operate (such as appointment of officers, contract of lease, etc.); 17. An alphabetical list of stockholders with the number and percentage of voting stocks owned by them; 18. A separate list containing the names of persons who own voting stocks in banks and who are related to each other within the 3rd degree of consanguinity or affinity, with proper indication of the combined percentage of voting stocks held by them in the particular bank, as well as corporations which are wholly-owned or a majority of the stock of which is owned by any of such persons, including their wholly or majority-owned subsidiaries; 19. Certification by the president or officer of equivalent rank that no person who is the spouse or relative within the 2 degree of consanguinity or affinity of any person holding the position of chairman, president, executive vice president or any position of equivalent rank, general manager, treasurer, chief cashier or chief accountant will be appointed to any of said positions in the bank; 20. Appointment of an officer of the proposed bank who shall have undergone orientation on the reportorial requirements with the BSP and a certification by the manager that he is fully aware of said reportorial requirements and the respective deadlines for submission to the BSP; 21. A certification by the PDIC that the organizers had already been briefed on all of its requirements for newly established banks; and 22. Other documents/papers which may be required.
nd
Sec. 4 Capital Requirements. Coop Banks that will be established under R.A. No. 9520 shall have a minimum paid in capital of Ten Million Pesos (P10.0 million). No cooperative member shall own or control more than forty percent (40%) of
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the total capital contributions of a Coop Bank. This limitation shall also apply to cooperatives purchasing government-held preferred shares of Coop Banks which are converted into common shares. Coop Banks shall issue par value shares only. Sec. 5 Members of the Board of Directors, Officers, Quorum and Voting Rights 1. The definition, qualifications, responsibilities and duties of the Board of Directors and Officers that are generally applicable to all banks under Sections X141 to X143 shall also apply to Coop Banks. 2. Coop Banks shall, likewise, comply with the following regulations on the minimum qualification requirements of the members of its Board of Directors and Officers: a. At least one (1) member of the Board of Directors of a Coop Bank shall have a one (1) year experience in banking; and b. The manager of a Coop Bank must have actual banking experience (at least manager or assistant manager) 3. The quorum requirement for general assembly meetings, whether special or regular, shall be one-half plus one of the number of voting shares of all the members in good standing. The quorum requirement for amendments of articles of cooperation and by-laws shall be three-fourths (3/4) of the number of voting shares of all the members with voting rights, present and constituting a quorum. 4. The voting rights of members shall be proportionate to the number of their paidup shares. Existing Coop Banks shall amend their Articles of Cooperation to conform to this provision within a period of one (1) year from 06 March 2010. 5. In the meetings of the board of directors, whether special or regular, the
quorum requirement shall be one-half plus one of all the members of the board of directors. Each director shall only have one vote. Sec. 6 Membership in a Coop Bank Membership in a Coop Bank shall either be regular or associate. Regular membership shall be limited to cooperative organizations which are holders of common shares of bank. Such common shares shall not be withdrawable but may be sold or transferred to qualified member cooperative organizations. Associate members are those that subscribe and hold preferred shares of the bank, the features of which shall be defined in the Articles of Cooperation. Associate members may include, but shall not be limited to, individual members of the banks member-primary cooperatives. In the case of Samahang Nayon (SN) and Municipal Katipunan ng mga Samahang Nayon (MKSN) which held common shares of Coop Banks prior to the effectivity of R.A. No. 9520, they shall apply for conversion to full-fledged cooperatives in order to maintain their status as regular members of cooperative banks. Coop Banks shall inform their members SN and MKSN that they have to convert to full-fledged cooperatives within a period of one (1) year from 22 March 2009. If the SN or MKSN fails to do so, the Coop Bank concerned shall convert the common shares held by such associations to preferred shares. The conversion to full-fledged cooperatives and conversion of common shares to preferred shares shall both be reported to the BSP within six (6) months from 06 March 2010. Sec. 7 Establishment of Coop Banks 1. At least five (5) cooperatives may form a Coop Bank: Provided, That majority of the Coop Banks voting shares of stock
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shall be held by member-cooperatives located in the said province where the head office is located. The said majority requirement shall be maintained on an ongoing basis, except in meritorious cases as may be allowed by the Monetary Board. 2. Only one (1) Coop Bank may be established in each province. However, an additional Coop Bank may be established in the same province: Provided, That the additional Coop Bank may be located in a city or municipality other than the city or municipality where the first Coop Bank is located. The establishment of another Coop Bank will be authorized depending on the economic conditions of the province as may be determined by the BSP. The Articles of Cooperation and ByLaws of any Coop Bank, or any amendment thereto, shall be registered with the CDA only when accompanied by a certificate of authority issued by the Monetary Board, under its official seal. Sec. 8 Establishment of Branches and Other Offices 1. The Coop Bank of the province may set up branches/extension offices/other banking offices (OBOs) anywhere within the province subject to compliance with the applicable branching rules and regulations as provided in Section X151. 2. Coop Banks from other provinces may set up branches/extension offices/ OBOs in cities or municipalities where there are no other Coop Bank head office/ branch/extension office. 3. The establishment of branches/ extension offices mentioned in Items 1 and 2 above shall be subject to the following minimum combined capital requirement: a. At least ten million pesos (P10.0 million) to establish branches/extension offices anywhere within the province where its head office is located;
b. At least fifty million pesos (P50.0 million) to establish branches/extension offices in any island group (i.e., Luzon, Visayas, Mindanao) where the head office is located, except in Metro Manila; and c. At least P100.0 million to establish branches/extension offices anywhere in the country except in Metro Manila unless the Coop Bank is qualified to establish a branch/extension office in Metro Manila and/or restricted areas as provided in Items d.1 and d.2 of Subsection X151.4 on the branching guidelines. Other relevant branching rules and regulations which are not inconsistent with the above provisions shall continue to be governed by Section X151. Sec. 9 Powers, Functions and Allied Undertakings of Coop Banks 1. A Coop Bank shall primarily provide financial, banking and credit services to cooperatives and their members, although it may provide the same services to non-members or the general public. 2. The powers and functions of a Coop Bank shall be subject to such rules and regulations as may be promulgated by the BSP. In addition to the powers granted to Coop banks under existing laws, any Coop Bank may perform any or all of the banking services offered by other types of banks, subject to prior approval of the BSP. Consistent with existing rules and regulations applicable to banks other than universal banks on limits on investments in the equities of financial allied undertakings under Section X378, a Coop Bank with existing investments in insurance companies, including insurance cooperatives, shall not increase but may reduce and once reduced, shall not increase such equity holdings: Provided, That the entire equity holding shall be divested within a period of five (5) years from 06 March 2010.
APP. 38 10.12.31
Sec. 10 Privileges, Incentives and Assistance for Coop Banks. The Coop Banks shall be given the same privileges and incentives granted to rural banks, thrift banks, commercial banks, and universal banks to rediscount notes with the BSP, the Land Bank of the Philippines, and other government banks. The foreclosure of mortgages covering loans granted by Coop Banks and execution of judgment thereon involving real properties levied upon by a sheriff shall be exempt from the publications in newspaper now required by law where the total amount of loan, excluding interest due and unpaid, does not exceed P250,000 or such amount as the BSP may prescribed as may be warranted by prevailing economic conditions and by the nature and character of the Coop Banks. It shall be sufficient
publication in such cases if the notices of foreclosure and execution of judgment are posted in conspicuous areas in the banks premises, municipal hall, the municipal public market, the barangay hall and the barangay public market, if any, where the property mortgaged is situated during the period of sixty (60) days immediately preceding the public auction or execution of judgment and shall be attached to the records of the case. Sec. 11 Applicability of Banking Laws. With respect to the operations and governance of Coop Banks, the provisions of the banking laws, rules and regulations shall prevail, notwithstanding Section 71 of RA 8791, otherwise known as the General Banking Act of 2000.
(Circular 682 dated 15 February 2010)
Annex A INSTRUCTIONS FOR DIRECTORS AND OFFICERS OF PROPOSED COOPERATIVE BANKS The term officers shall include the president, senior vice-president, vice president, manager, secretary, cashier, and others mentioned as officers of the bank, or those whose duties as such are defined in the by-laws, or are generally known to be the officers of the bank (or any of its branches and offices other than the head office) either thru announcement, representation, publication or any kind of communication made by the bank. The term directors shall include: (1) directors who are named as such in the Articles of Cooperation; (2) directors duly elected in subsequent meetings of authorized representative of each cooperative-member, and (3) those elected to fill vacancies in the board of directors. The following are the qualifications and disqualifications of directors and officers of Coop Banks: 1. Qualifications for directors. A director must have the following minimum qualifications: (a) He shall be at least twenty-five (25) years of age at the time of his election or appointment; (b) He shall be at least a college graduate or have at least five (5) years experience in business; (c) He must have attended a special seminar for board of directors conducted or accredited by the BSP within a period of six (6) months from the date of his election; and (d) He must be fit and proper for the position of a director of the Coop Bank. In determining whether a person is fit and proper for the position of a director, the following matters must be considered: - integrity/probity; - competence; - education;
APP. 38 10.12.31
- diligence; and - experience/training. At least one (1) of the members of the board of directors must, in addition to the above-mentioned minimum qualifications, have at least one (1) year experience in banking. The foregoing qualifications for directors shall be in addition to those already required or prescribed under existing laws. 2. Persons disqualified to become directors. Without prejudice to specific provisions of law prescribing disqualifications for directors, the following persons are disqualified from becoming directors: (a) Permanently disqualified Directors/officers/employees permanently disqualified by the Monetary Board from holding a director position: (1) Persons who have been convicted by final judgment of the court for offenses involving dishonesty or breach of trust such as estafa, embezzlement, extortion, forgery, malversation, swindling and theft; (2) Persons who have been convicted by final judgment of the court for violation of banking laws; (3) Persons who have been judicially declared insolvent, spendthrift or incapacitated to contract; or (4) Directors, officers or employees of closed banks/QBs/trust entities who were responsible for such institutions closure as determined by the Monetary Board. (b) Temporarily disqualified Directors/officers/employees disqualified by the Monetary Board from holding a director position for a specific/ indefinite period of time. Included are: (1) Persons who refuse to fully disclose the extent of their business interest to the appropriate department of the SES when
APP. 38 10.12.31
required pursuant to a provision of law or of a circular, memorandum or rule or regulation of the BSP. This disqualification shall be in effect as long as the refusal persists; (2) Directors who have been absent or who have not participated for whatever reasons in more than fifty percent (50%) of all meetings, both regular and special, of the board of directors during their incumbency, or any twelve (12) month period during said incumbency. This disqualification applies for purposes of the succeeding election; (3) Persons who are delinquent in the payment of their obligations as defined hereunder: (a) Delinquency in the payment of obligations means that an obligation of a person with a bank/QB/trust entity where he/she is a director or officer, or at least two obligations with other banks/FI, under different credit lines or loan contracts, are past due pursuant to Sec. X306 of the MORB and Sec. 4306Q of the MORNBFI; (b) Obligations shall include all borrowings from a bank/QB obtained by: (i) A director or officer for his own account or as the representative or agent of others or where he/she acts as a guarantor, endorser, or surety for loans from such FIs; (ii) The spouse or child under the parental authority of the director or officer; (iii) Any person whose borrowings or loan proceeds were credited to the account of, or used for the benefit of a director or officer; (iv) A partnership of which a director or officer, or his/her spouse is the managing partner or a general partner owning a controlling interest in the partnership; and (v) A corporation, association or firm wholly-owned or majority of the capital of which is owned by any or a group of persons mentioned in the foregoing Items "i", "ii" and "iv"; This disqualification shall be in effect as long as the delinquency persists.
(4) Persons convicted for offenses involving dishonesty, breach of trust or violation of banking laws but whose conviction has not yet become final and executory; (5) Directors and officers of closed banks/QBs/trust entities pending their clearance by the Monetary Board; (6) Directors disqualified for failure to observe/discharge their duties and responsibilities prescribed under existing regulations. This disqualification applies until the lapse of the specific period of disqualification or upon approval by the Monetary Board on recommendation by the appropriate department of the SES of such directors election/re-election; (7) Directors who failed to attend the special seminar for board of directors required under Item "3" of Subsec. X141.2 of the MORB or Subsec. 4141Q.2 of the MORNBFI. This disqualification applies until the director concerned had attended such seminar; (8) Persons dismissed/terminated from employment for cause. This disqualification shall be in effect until they have cleared themselves of involvement in the alleged irregularity; (9) Those under preventive suspension; or (10) Persons with derogatory records with the NBI, court, police, Interpol and monetary authority (central bank) of other countries (for foreign directors and officers) involving violation of any law, rule or regulation of the government or any of its instrumentalities adversely affecting the integrity and/or ability to discharge the duties of a bank/QB/trust entity director/ officer. This disqualification applies until they have cleared themselves of involvement in the alleged irregularity. 3. Qualification for officers (a) He shall be at least twenty-one (21)
APP. 38 10.12.31
years of age; (b) He shall be at least a college graduate, or have at least five (5) years experience in banking or trust operations or related activities or in a field related to his position and responsibilities, or have undergone training in banking acceptable to the appropriate department of the SES; and (c) He must be fit and proper for the position he is being proposed/appointed to. In determining whether a person is fit and proper for a particular position, the following matters must be considered: - integrity/probity; - competence; - education; - diligence; and - experience/training. Any one of the president, chief operating officer or general manager of a national Coop Bank must, in addition to the abovementioned minimum qualifications, have at least two (2) years actual banking experience in a senior management capacity (head or assistant head) while the manager of a local Coop Bank must have actual banking experience (at least manager or assistant manager). The foregoing qualifications for officers shall be in addition to those already required or prescribed under existing laws. 4. Persons disqualified to become officers. The grounds for disqualification for directors shall likewise apply to officers, except that stated in Items "2.b.2" and "2.b.7". (a) Except as may be authorized by the Monetary Board or the Governor, the spouse or a relative within the second degree of consanguinity or affinity of any person holding the position of chairman, president, executive vice president or any position of equivalent rank, general manager, treasurer, chief cashier or chief accountant is disqualified from holding or being elected or appointed to any of said positions in the same bank; and the spouse
or relative within the second degree of consanguinity or affinity of any person holding the position of manager, cashier, or accountant of a branch or office of a bank is disqualified from holding or being appointed to any of said positions in the same branch or office. (b) Any officer or employee of the CDA or any appointive or elective public official, except a barangay official; (c) Except as may otherwise be allowed under C.A. No. 108, otherwise known as The Anti-Dummy Law, as amended, foreigners cannot be officers or employees of a Coop Bank. The foregoing disqualifications for officers shall be in addition to those already required or prescribed under existing laws. 5. Government officers and employees. Any officer or employee of the CDA shall be disqualified to be elected or appointed to any position in a cooperative; and (2) elective officials of the government, except barangay officials, shall be ineligible to become officers and directors of cooperatives. However, any government employee may, in the discharge of his duties as member in the cooperative, be allowed by the head office concerned to use official time for attendance at the general assembly, board and committee meetings of cooperatives as well as cooperative seminars, conferences, workshops, technical meetings, and training courses locally or aboard: Provided, That the operations of the office concerned are not adversely affected. Unless otherwise provided, officers elected or appointed without possessing the qualifications or possessing any of the disqualifications as enumerated herein, shall vacate their respective positions immediately.
APP. 39 10.12.31
SETTLEMENT OF INTERBANK TRANSACTIONS VIS--VIS COVERING RESERVE REQUIREMENT/DEFICIENCY OF BANKS DEMAND DEPOSIT ACCOUNT WITH THE BANGKO SENTRAL
(Appendix to Subsec. X203)
Start Time 9:00 AM 9:00 AM Agency Involved PCHC BSP-PSO Activities Current Day (T+0) Regular check clearing processing window Start of PhilPaSS business hours Beginning balances generated for PhilPaSS-DDA Regular window for same day interbank transactions Posting/Settlement of other DDA transactions (i.e. BTr and other BSP departments) ATM transactions BSP ECWS transactions Cash deposits with BSP Head Office and Regional Offices/EFTIS OFW remittances (under negotiation) BTr-GS sale/purchase via DvP/PCHC-EPCS PDS Settlement Highway for GS-eDvP End-of-month EFTIS Transactions PDS Settlement Highway for USD sale/purchase (peso lag) via PvP Interbank borrowings/Lending E-Rediscounting BSP Term RP/FRP availments/RDA/SDA/ Outright GS purchase/sale PhilPaSS settlement cut-off of BSP Term/RP/ RRP availments /RDA/SDA/Outright GS purchase/sale Posting of PCHC ECCS results Interbank window for end-of-day liquidity/ reserve position BSP Overnight RP BSP Overnight RRP and 7-day SDA transactions PhilPaSS settlement cut-off of BSP Overnight RP/RRPand 7-day SDA transactions PhilPaSS close of business Release of final copy of PhilPaSS DDA balance via MT950 (end-of-day DDA balance before AM returns clearing) Release of notice to PCHC of the amount available for settlement of the banks clearing losses, if greater than DDA Receipt of BSP notice of the amount available for settlement of the banks clearing losses, if greater than DDA Next Day (T+1) Returned COCI receiving window Posting/settlement of PCHC AM returns Interbank window for losses in AM returns (back value T+0) Overnight BSP-RP window for losses in AM returns (back value T+0) DDA balances (T+0) available on demand via EFTIS Release of notice to PCHC of banks suspension in clearing operations, if any Receipt of BSP notice of banks suspension in clearing operations, if any Cut-off Time 4:30 PM
11:00 AM 12:00 noon 2:00 PM 3:00 PM 4:00 PM - do 4:30 PM 5:45 PM - do - do 3:00 PM 5:45 PM 4:45 5:45 5:15 5:30 5:45 PM PM PM PM PM
10:00 AM 10:00 AM 4:30 4:45 4:45 4:45 4:45 PM PM PM PM PM
BSP-TD BSP-PSO BSP-PSO BSP-PSO BSP-TD BSP-TD BSP-PSO BSP-PSO BSP-PSO
6:00 PM 6:00 PM
6:30 PM
6:00 PM
PCHC
6:30 PM
2:00 AM 7:30 AM 7:45 AM 8:00 AM 9:00 AM
PCHC BSP-PSO BSP-PSO BSP-TD BSP-PSO
7:30 AM 7:45 AM 8:45 AM 8:45 AM
9:00 AM
PCHC
APP. 39 10.12.31
List of Acronyms ATM BTr DDA DVP ECCS ECWS eDvP EFTIS EPCS GS OFW PDS PvP RDA RP RRP SDA - Automated Tellering Machine - Bureau of the Treasury - Demand Deposit Account - Delivery versus Payment - Electronic Cheque Clearing System - Electronic Cash Withdrawal System - Enhanced Delivery versus Payment - Electronic Fund Transfer Instruction System - Electronic Peso Clearing System - Government Securities - Overseas Filipino Workers - Philippine Dealing System - Payment versus Payment - Reserve Deposit Account - Regular Repurchase Agreement - Reverse Repurchase Agreement - Special Deposit Account
As amended by Circular Nos. 705 dated 29 December 2010 and 681 dated 08 February 2010) _______________
1
The revised clearing and settlement process shall become effective as follows: From 01 January 2011 01 January 2011 To 24 January 2011 01 July 2011
Clearing Exchanges 1.Integrated Greater Manila Local Exchanges (Integrated GM LX) 2.Regional Local Exchanges (RLX)
Provided, That for RLX, the extended deferral from 24 January 2011 to 01 July 2011 shall refer only to the provision on the mandatory return of checks drawn against insufficient funds or credit, checks drawn against closed accounts and/or checks with stop payment orders, (i.e., not later than 7:30 AM of the next clearing day following the original presentation to PCHC or RCC), subject to the condition that checks returned due to insufficiency of funds or credit shall no longer be allowed to be covered or funded after the day they were presented to PCHC or RCC
APP. 40 08.12.31
GUIDELINES GOVERNING THE REDISCOUNTING OF HOUSING LOAN PAPERS OF QUALIFIED BANKS UNDER HUDCC PROGRAM
(Appendix to Sec. X276) Section 1. Statement of Policy. The Bangko Sentral, consistent with its primary objective of maintaining price stability under its charter (R.A. No. 7653), shall comply with its mandate under Section 11(c) of R.A. No. 7835 (Comprehensive and Integrated Shelter Financing Act) by providing short-term rediscounting facility to qualified banking institutions providing financing for socialized and low-cost housing. Sec. 2 Criteria for Eligibility a. Eligible Banks KBs, TBs and RBs/Coop Banks which are qualified to rediscount with the DLC, under existing rules and regulations, and with unused rediscounting ceiling at the time of application for rediscounting can avail themselves of this rediscounting facility. b. Eligible Housing Loan Paper Housing loan papers for rediscounting under this facility shall satisfy the following requirements: (1) Loan purpose and amount. The loan shall be used for the construction of a house/acquisition of a house and lot. The amount of the loan shall not exceed P180,000.00 for socialized housing and P375,000.00 for economic housing, as prescribed under existing guidelines of the HUDCC for the implementation of various government housing programs, or in such other amounts which HUDCC may prescribe in the future for said housing loans. (2) Loan limit. The amount of the loan shall not exceed the amount of amortization covering principal payments due within one (1) year from date of rediscount, subject to the terms and conditions discussed in Section 3. (3) Security. The subject property shall be covered by a duly registered Real Estate Mortgage (REM) in favor of the rediscounting bank. Sec. 3 Terms and Conditions of Rediscounting Availments a. Maximum Loan Value Banks can obtain additional availments annually representing amortizations for the current year against the mortgaged property. However, total cumulative availments for a mortgaged property shall not exceed eighty percent (80%) of the collateral value. b. Interest Rate The loan availment shall be assessed an interest rate equivalent to the prevailing rediscount rate at the date of rediscount: Provided, That the banks spread shall not exceed three percent (3%) per annum. c. Maturity Rediscounting availments shall be due on demand but not beyond 360 days from date of rediscount. Sec. 4 Sanctions. Non-remittance or delayed remittance within the allowable period of the corresponding loan value of collections on rediscounted notes shall be considered as sufficient ground for suspension of banks rediscounting privilege as follows:
First offense Second offense Third offense Fourth offense -one (1) month suspension -two (2) months suspension -three (3) months suspension -permanent suspension
APP. 41 08.12.31
MINIMUM CRITERIA FOR ACCREDITATION OF PARTICIPATING FINANCIAL INSTITUTIONS IN GOVERNMENT BANKS WHOLESALE LENDING PROGRAM
(Appendix to Subsec. X303.8) I. Accreditation Criteria For accreditation purposes, PFIs shall initially be evaluated/appraised on the basis of the following pre-qualifying criteria: 1. The PFI shall submit a certification on the following: a. Compliance with the prescribed minimum capital to risk assets ratio of ten percent (10%), minimum capitalization, legal and liquidity reserve requirements for deposit liabilities, deposit substitutes, common trust funds (CTFs) and Trust and Other Fiduciary Accounts (TOFA)-Others, liquidity floor requirement for government funds held, and ceilings on credit accommodations to directors, officers, stockholders and their related interests (DOSRI), for six (6) consecutive months prior to the filing of application for accreditation. b. As of application date, the PFI has generally complied with the orders or instructions of the Monetary Board and/or BSP Management, more particularly: (i) Set-up of the required general loan loss and specific provisioning requirements.; and (ii) Correction of major violations and previous years exceptions noted in the latest BSP examination. c. The PFI has no past due obligations with the BSP or with any government financial institution. d. The PFIs accounting records, systems, procedures and internal control systems are satisfactorily maintained. 2. Profitability a. For PFIs operating for more than three (3) years as of date of filing of the application for accreditation - Operating profitably for three (3) consecutive years prior to the filing of application for accreditation. b. For PFIs operating for less than three (3) years as of date of filing of the application for accreditation - Operating profitably for two (2) consecutive years prior to the filing of application for accreditation. 3. Capital Compliance with minimum capital accounts of P400.0 million or BSP required minimum capitalization applicable to the category where the PFI belongs, whichever is higher. 4. Non-performing loans ratio for six (6) consecutive months prior to the filing of application for accreditation shall not exceed the industry ratio which may be obtained from the SRSO of the BSP. 5. Ownership/Management For PFIs operating for less than three (3) years as of date of filing of the application for accreditation a. Domestic bank owned by reputable individuals/institutions and managed by reputable and experienced bankers. b. Philippine branch of a foreign bank carrying an international investment grade rating acceptable to the government bank with foreign banks (Head Office/parent bank) unconditional and irrevocable guarantee on loan availments of Philippine branch or subsidiary. II. Grant and Renewal of Credit Lines to Accredited PFIs 1. Government banks shall provide credit lines for a specified term to each accredited PFI based on the results of the quantitative and qualitative evaluation guidelines to be
APP. 41 08.12.31
formulated in accordance with credit policies and procedures approved by the banks Board of Directors and/or as prescribed by the institutions, organizations or agencies which provide the funds. 2. PFIs shall be subject to quantitative and qualitative evaluation as well as the
accreditation criteria when applying for renewal of credit lines. 3. Government banks may suspend the release of funds to PFIs that failed to meet any of the quantitative and qualitative evaluation guidelines and/or the accreditation criteria.
APP. 42 08.12.31
DEED OF UNDERTAKING FOR THE ISSUANCE OF REDEEMABLE PREFERRED SHARES

[Appendix to Subsec. X126.5a(3)(e)] We, the majority of the members of the Board of Directors and key executive officers of ________________________________________, a banking corporation duly registered and organized under the laws of the Republic of the Philippines, with principal office and place of business at ____________________________________, by these presents do hereby obligate ourselves to undertake the following in the issuance of preferred stock: 1. That the issuance of preferred stock shall be in accordance with the terms and conditions of approval by the Bangko Sentral ng Pilipinas (BSP) and pertinent rules and regulations of the BSP and that of the Securities and Exchange Commission (SEC)/Cooperative Development Auhority (CDA); 2. That any preferred shares so issued shall not be redeemed, retired, converted to any other kind of stocks or securities or paid back in cash or property without the prior approval of BSP in accordance with Subsections X126.5 and 3127.4 of the Manual of Regulations for Banks, Section 8, R.A. 7353 and other applicable regulations and banking laws; 3. That in no case shall the issuance of preferred shares be treated as similar to or as a substitute of other form of temporary investments of clients and depositors such as time deposits, savings deposits, money market placements or other form of investments subject to withdrawal; 4. That outstanding preferred shares may be redeemed or retired only if the shares redeemed or retired are replaced with at least an equivalent amount of newly paid-in shares so that the total paid-in capital stock is maintained at the same level immediately prior to redemption or retirement: Provided, That no outstanding preferred share shall be redeemed within five (5) years from full payment of the subscription or issuance of stock certificate therefore; 5. That we, the undersigned, shall ensure that the above undertakings are strictly complied with and observed at all times by the management of the bank; 6. That non-compliance with this undertaking shall subject the directors/officers involved liable to such administrative sanctions as the Monetary Board may impose and such other sanctions as may be provided pursuant to Section 37 of R.A. 7653, without prejudice to the criminal sanctions under Section 36 of the same Act. IN WITNESS WHEREOF, we have hereunto affix our signature on this of ____________________, 20__. day
APP. 42 08.12.31
Directors: ____________________________ ____________________________ ____________________________ ____________________________ REPUBLIC OF THE PHILIPPINES) PROVINCE/CITY OF ) S.S.
Officers: _____________________________ _____________________________ _____________________________ _____________________________
BEFORE ME, a Notary Public, for and in the Province/City of ______________ this _____ day of ______________, 200_, personally appeared the herein named persons with their Community Tax Receipts, known to me to be the same persons who executed the foregoing instrument and acknowledged before me that the same is their own free and voluntary act and deed. Comm. Tax Cert. No. ________ ________ ________ ________ ________ ________
Name ______________________ ______________________ ______________________ ______________________ ______________________ ______________________
Date of Issue ________________ ________________ ________________ ________________ ________________ ________________
Place of Issue __________________ __________________ __________________ __________________ __________________ __________________
IN WITNESS WHEREOF, I have hereunto set my hand and seal on the date and place above written. Notary Public Until December 31, 20___ PTR No. ______________ Issued at _________on __________ Doc. No. Page No. Book No. Series of __________; __________; __________; .
APP. 43 09.12.31
GUIDELINES TO GOVERN THE SELECTION, APPOINTMENT, REPORTING REQUIREMENTS AND DELISTING OF EXTERNAL AUDITORS AND/OR AUDITING FIRM OF COVERED ENTITIES
[Appendix to Sec. X189 (2008 - X165) and Subsec. X162.3 (2008 - X169.3)]
Pursuant to Section 58 of the Republic Act No. 8791, otherwise known as "The General Banking Law of 2000", and the existing provisions of the executed Memorandum of Agreement (hereinafter referred to as the MOA) dated 12 August 2009, binding the Bangko Sentral ng Pilipinas (BSP), Securities and Exchange Commission (SEC), Professional Regulation Commission (IC) - Board of Accountancy (BOA) and the Insurance Commission (IC) for a simplified and synchronized accreditation requirements for external auditor and/or auditing firm, the Monetary Board, in its Resolution No. 950 dated 02 July 2009, approved the following revised rules and regulations that shall govern the selection and delisting by the BSP of covered institution which under special laws are subject to BSP supervision. A. STATEMENT OF POLICY It is the policy of the BSP to ensure effective audit and supervision of banks, QBs, trust entities and/or NSSLAs including their subsidiaries and affiliates engaged in allied activities and other FIs which under special laws are subject to BSP supervision, and to ensure reliance by BSP and the public on the opinion of external auditors and auditing firms by prescribing the rules and regulations that shall govern the selection, appointment, reporting requirements and delisting for external auditors and auditing firms of said institutions, subject to the binding provisions and implementing regulations of the aforesaid MOA. B. COVERED ENTITIES The proposed amendment shall apply to the following supervised institution, as
categorized below, and their external auditors: 1. Category A a. UBs/KBs; b. Foreign banks and branches or subsidiaries of foreign banks, regardless of unimpaired capital; and c. Banks, trust department of qualified banks and other trust entities with additional derivatives authority, pursuant to Sec. X611 regardless of classification, category and capital position. 2. Category B a. TBs; b. QBs; c. Trust department of qualified banks and other trust entities; d. National Coop Banks; and e. NBFIs with quasi-banking functions. 3. Category C a. RBs; b. NSSLAs; c. Local Coop Banks; and d. Pawnshops. The above categories include their subsidiaries and affiliates engaged in allied activities and other FIs which are subject to BSP risk-based and consolidated supervision: Provided, That an external auditor who has been selected by the BSP to audit covered entities under Category A is automatically qualified to audit entities under Category B and C and if selected by the BSP to audit covered entities under Category B is automatically qualified to audit entities under Category C. C. DEFINITION OF TERMS The following terms shall be defined as follows:
APP. 43 09.12.31
1. Audit an examination of the financial statements of any issuer by an external auditor in compliance with the rules of the BSP or the SEC in accordance with then applicable generally accepted auditing and accounting principles and standards, for the purpose of expressing an opinion on such statements. 2. Non-audit services any professional services provided to the covered institution by an external auditor, other than those provided to a covered institution in connection with an audit or a review of the financial statements of said covered institution. 3. Professional Standards - includes: (a) accounting principles that are (1) established by the standard setting body; and (2) relevant to audit reports for particular issuers, or dealt with in the quality control system of a particular registered public accounting firm; and (b) auditing standards, standards for attestation engagements, quality control policies and procedures, ethical and competency standards, and independence standards that the BSP or SEC determines (1) relate to the preparation or issuance of audit reports for issuers; and (2) are established or adopted by the BSP or promulgated as SEC rules. 4. Fraud an intentional act by one (1) or more individuals among management, employees, or third parties that results in a misrepresentation of financial statements, which will reduce the consolidated total assets of the company by five percent (5%). It may involve: a. Manipulation, falsification or alteration of records or documents; b. Misappropriation of assets; c. Suppression or omission of the effects of transactions from records or documents; d. Recording of transactions without substance; e. Intentional misapplication of accounting policies; or
f. Omission of material information. 5. Error - an intentional mistake in financial statements, which will reduce the consolidated total assets of the company by five percent (5%). It may involve: a. Mathematical or clerical mistakes in the underlying records and accounting data; b. Oversight or misinterpretation of facts; or c. Unintentional misapplication of accounting policies. 6. Gross negligence - wanton or reckless disregard of the duty of due care in complying with generally accepted auditing standards. 7. Material fact/information - any fact/ information that could result in a change in the market price or value of any of the issuers securities, or would potentially affect the investment decision of an investor. 8. Subsidiary - a corporation or firm more than fifty percent (50%) of the outstanding voting stock of which is directly or indirectly owned, controlled or held with power to vote by a bank, QB, trust entity or NSSLA. 9. Affiliate - a corporation, not more than fifty percent (50%) but not less than ten percent (10%) of the outstanding voting stock of which is directly or indirectly owned, controlled or held with power to vote by a bank, QB, trust entity or NSSLA and a juridical person that is under common control with the bank, QB, trust entity or NSSLA. 10. Control - exists when the parent owns directly or indirectly more than one half of the voting power of an enterprise unless, in exceptional circumstance, it can be clearly demonstrated that such ownership does not constitute control. Control may also exist even when ownership is one half or less of the voting power of an enterprise when there is: a. Power over more than one half of the voting rights by virtue of an agreement with other stockholders;
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b. Power to govern the financial and operating policies of the enterprise under a statute or an agreement; c. Power to appoint or remove the majority of the members of the board of directors or equivalent governing body; or d. Power to cast the majority votes at meetings of the board of directors or equivalent governing body. 11. External auditor - means a single practitioner or a signing partner in an auditing firm. 12. Auditing firm includes a proprietorship, partnership limited liability company, limited liability partnership, corporation (if any), or other legal entity, including any associated person of any of these entities, that is engaged in the practice of public accounting or preparing or issuing audit reports. 13. Associate any director, officer, manager or any person occupying a similar status or performing similar functions in the audit firm including employees performing supervisory role in the auditing process. 14. Partner - all partners including those not performing audit engagements. 15. Lead partner also referred to as engagement partner/partner-in-charge/ managing partner who is responsible for signing the audit report on the consolidated financial statements of the audit client, and where relevant, the individual audit report of any entity whose financial statements form part of the consolidated financial statements. 16. Concurring partner - the partner who is responsible for reviewing the audit report. 17. Auditor-in-charge refers to the team leader of the audit engagement. D. GENERAL CONSIDERATION AND LIMITATIONS OF THE SELECTION PROCEDURES 1. Subject to mutual recognition provision of the MOA and as implemented
in this regulation, only external auditors and auditing firms included in the list of BSP selected external auditors and auditing firms shall be engaged by all the covered institutions detailed in Item "B". The external auditor and/or auditing firm to be hired shall also be in-charge of the audit of the entitys subsidiaries and affiliates engaged in allied activities: Provided, That the external auditor and/or auditing firm shall be changed or the lead and concurring partner shall be rotated every five (5) years or earlier: Provided further, That the rotation of the lead and concurring partner shall have an interval of at least two (2) years. 2. Category A covered entities which have engaged their respective external auditors and/or auditing firm for a consecutive period of five (5) years or more as of 18 September 2009 shall have a one (1)-year period from said date within which to either change their external auditors and/or auditing firm or to rotate the lead and/or concurring partner. 3. The selection of the external auditors and/or auditing firm does not exonerate the covered institution or said auditors from their responsibilities. Financial statements filed with the BSP are still primarily the responsibility of the management of the reporting institution and accordingly, the fairness of the representations made therein is an implicit and integral part of the institutions responsibility. The independent certified public accountants responsibility for the financial statements required to be filed with the BSP is confined to the expression of his opinion, or lack thereof, on such statements which he has audited/examined. 4. The BSP shall not be liable for any damage or loss that may arise from its selection of the external auditors and/or auditing firm to be engaged by banks for regular audit or non-audit services. 5. Pursuant to paragraph (5) of the MOA, SEC, BSP and IC shall mutually
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recognize the accreditation granted by any of them for external auditors and firms of Group C or D companies under SEC, Category B and C under BSP, and insurance brokers under IC. Once accredited/selected by any one (1) of them, the above-mentioned special requirements shall no longer be prescribed by the other regulators. For corporations which are required to submit financial statements to different regulators and are not covered by the mutual recognition policy of this MOA, the following guidance shall be observed: a. The external auditors of UBs which are listed in the Exchange, should be selected/accredited by both the BSP and SEC, respectively; and b. For insurance companies and banks that are not listed in the Exchange, their external auditors must each be selected/ accredited by BSP or IC, respectively. For purposes of submission to the SEC, the financial statements shall be at least audited by an external auditor registered/accredited with BOA. This mutual recognition policy shall however be subject to the BSP restriction that for banks and its subsidiary and affiliate bank, QBs, trust entities, NSSLAs, their subsidiaries and affiliates engaged in allied activities and other FIs which under special laws are subject to BSP consolidated supervision, the individual and consolidated financial statements thereof shall be audited by only one (1) external auditor/auditing firm. 6. The selection of external auditors and/or auditing firm shall be valid for a period of three (3) years. The SES shall make an annual assessment of the performance of external auditors and/or auditing firm and will recommend deletion from the list even prior to the three (3)-year renewal period, if based on assessment, the external auditors report did not comply with BSP requirements.
E. QUALIFICATION REQUIREMENT The following qualification requirements are required to be met by the individual external auditor and the auditing firm at the time of application and on continuing basis, subject to BSPs provisions on the delisting and suspension of accreditation: 1. Individual external auditor a. General requirements (1) The individual applicant must be primarily accredited by the BOA. The individual external auditor or partner in-charge of the auditing firm must have at least five (5) years of audit experience. (2) Auditors independence. In addition to the basic screening procedures of BOA on evaluating auditors independence, the following are required for BSP purposes to be submitted in the form of notarized certification that: (a) No external auditor may be engaged by any of the covered institutions under Item "B" hereof if he or any member of his immediate family had or has committed to acquire any direct or indirect financial interest in the concerned covered institution, or if his independence is considered impaired under the circumstances specified in the Code of Professional Ethics for CPAs. In case of a partnership, this limitation shall apply to the partners, associates and the auditor-in-charge of the engagement and members of their immediate family; (b) The external auditor does not have/ shall not have outstanding loans or any credit accommodations or arranged for the extension of credit or to renew an extension of credit (except credit card obligations which are normally available to other credit card holders and fully secured auto loans and housing loans which are not past due) with the covered institutions under Item "B" at the time of signing the engagement and during the engagement. In the case of partnership, this prohibition shall apply to the partners and the auditor-in-charge of the engagement; and
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(c) It shall be unlawful for an external auditor to provide any audit service to a covered institution if the covered institutions CEO, CFO, Chief Accounting Officer (CAO), or comptroller was previously employed by the external auditor and participated in any capacity in the audit of the covered institution during the one-year preceding the date of the initiation of the audit; (3) Individual applications as external auditor of entities under Category A above must have established adequate quality assurance procedures, such consultation policies and stringent quality control, to ensure full compliance with the accounting and regulatory requirements. b. Specific requirements (1) At the time of application, regardless of the covered institution, the external auditor shall have at least five (5) years experience in external audits; (2) The audit experience above refers to experience required as an associate, partner, lead partner, concurring partner or auditor-in-charge; and (3) At the time of application, the applicant must have the following track record: (a) For Category A, he/she must have at least five (5) corporate clients with total assets of at least P50.0 million each. (b) For Category B, he/she must have had at least three (3) corporate clients with total assets of at least P25.0 million each. (c) For Category C, he/she must have had at least three (3) corporate clients with total assets of at least P5.0 million each; 2. Auditing firms a. The auditing firm must be primarily accredited by the BOA and the name of the firms applicant partners should appear in the attachment to the certificate of accreditation issued by BOA. Additional partners of the firm shall be furnished by BOA to the concerned regulatory agencies (e.g. BSP, SEC and IC) as addendum to the firms accreditation by BOA.
b. Applicant firms to act as the external auditor of entities under Category A in Item "B" must have established adequate quality assurance procedures, such consultation policies and stringent quality control, to ensure full compliance with the accounting and regulatory requirements. c. At the time of application, the applicant firm must have at least one (1) signing practitioner or partner who is already selected/accredited, or who is already qualified and is applying for selection by BSP. d. A registered accounting/auditing firm may engage in any non-auditing service for an audit client only if such service is approved in advance by the clients audit committee. Exemptions from the prohibitions may be granted by the Monetary Board on a case-by-case basis to the extent that such exemption is necessary or appropriate in the public interest. Such exemptions are subject to review by the BSP. e. At the time of application, the applicant firm must have the following track record: (1) For Category A, the applicant firm must have had at least twenty (20) corporate clients with total assets of at least P50.0 million each; (2) For Category B, the applicant firm must have had at least five (5) corporate clients with total assets of at least P20.0 million each; (3) For Category C, the applicant firm must have had at least five (5) corporate clients with total assets of at least P5.0 million each. F. APPLICATION FOR AND/OR RENEWAL OF THE SELECTION OF INDIVIDUAL EXTERNAL AUDITOR 1. The initial application for BSP selection shall be signed by the external auditor and shall be submitted to the appropriate department of the SES together with the following documents/information:
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a. Copy of effective and valid BOA Certificate of Accreditation with the attached list of qualified partner/s of the firm; b. A notarized undertaking of the external auditor that he is in compliance with the qualification requirements under Item "E" and that the external auditor shall keep an audit or review working papers for at least seven (7) years in sufficient detail to support the conclusion in the audit report and making them available to the BSPs authorized representative/s when required to do so; c. Copy of Audit Work Program which shall include assessment of the audited institutions compliance with BSP rules and regulations, such as, but not limited to the following: (1) capital adequacy ratio, as currently prescribed by the BSP; (2) AMLA framework; (3) risk management system, particularly liquidity and market risks; and (4) loans and other risk assets review and classification, as currently prescribed by the BSP rules and regulations. d. If the applicant will have clients falling under Category A, copy of the Quality Assurance Manual which, aside from the basic elements as required under the BOA basic quality assurance policies and procedures, specialized quality assurance procedures should be provided consisting of, among other, review asset quality, adequacy of risk-based capital, risk management systems and corporate governance framework of the covered entities. e. Copy of the latest AFS of the applicants two (2) largest clients in terms of total assets. 2. Subject to BSPs provision on early deletion from the list of selected external auditor, the selection may be renewed within two (2) months before the expiration of the three (3)-year effectivity of the selection upon submission of the written
application for renewal to the appropriate department of the SES together with the following documents/information: (a) copy of updated BOA Certificate of Accreditation with the attached list of qualified partner/s of the firm; (b) notarized certification of the external auditor that he still possess all qualification required under Item "F.1.b" of this Appendix; (c) list of corporate clients audited during the three (3)-year period of being selected as external auditor by BSP. Such list shall likewise indicate the findings noted by the BSP and other regulatory agencies on said AFS including the action thereon by the external auditor; and (d) written proof that the auditor has attended or participated in trainings for at least thirty (30) hours in addition to the BOAs prescribed training hours. Such training shall be in subjects like international financial reporting standards, international standards of auditing, corporate governance, taxation, code of ethics, regulatory requirements of SEC, IC and BSP or other government agencies, and other topics relevant to his practice, conducted by any professional organization or association duly recognized/accredited by the BSP, SEC or by the BOA/PRC through a CPE Council which they may set up. The application for initial or renewal accreditation of an external auditor shall be accomplished by a fee of P2,000.00. G. APPLICATION FOR AND/OR RENEWAL OF THE SELECTION OF AUDITING FIRMS 1. The initial application shall be signed by the managing partner of the auditing firm and shall be submitted to the appropriate department of the SES together with the following documents/ information: a. copy of effective and valid BOA Certificate of Accreditation with attachment listing the names of qualified partners;
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b. notarized certification that the firm is in compliance with the general qualification requirements under Item "E.2" and that the firm shall keep an audit or review working papers for at least seven (7) years insufficient detail to support the conclusions in the audit report and making them available to the BSPs authorized representative/s when required to do so; c. copy of audit work program which shall include assessment of the audited institutions compliance with BSP rules and regulations, such as, but not limited to the following; (1) capital adequacy ratio, as currently prescribed by the BSP; (2) AMLA framework; (3) risk management system, particularly liquidity and market risks; and (4) loans and other risk assets review and classification, as currently prescribed by the BSP rules and regulations. d. If the applicant firm will have clients falling under Category A, copy Quality Assurance Manual where, aside from the basic elements as required under the BOA basic quality assurance policies and procedures, specialized quality assurance procedures should be provided relative to, among others review asset quality, adequacy of risk-based capital, risk management systems and corporate governance framework of covered entities; e. Copy of the latest AFS of the applicants two (2) largest clients in terms of total assets; and f. Copy of firms AFS for the immediately preceding two (2) years. 2. Subject to BSPs provision on early deletion from the list of selected auditing firm, the selection may be renewed within two (2) months before the expiration of the three (3)-year effectivity of the selection upon submission of the written application for renewal to the appropriate department of the SES together with the following documents/information:
a. a copy of updated BOA Certificate of Registration with the attached list of qualified partner/s of the firm; b. amendments on Quality Assurance Manual, inclusive of written explanation on such revision, if any; and c. notarized certification that the firm is in compliance with the general qualification requirements under Item "G.1.b" hereof; The application for initial or renewal accreditation of an auditing firm shall be accompanied by a fee of P5,000.00. H. REPORTORIAL REQUIREMENTS 1. To enable the BSP to take timely and appropriate remedial action, the external auditor and/or auditing firm must report to the BSP within thirty (30) calendar days after discovery, the following cases: a. Any material finding involving fraud or dishonesty (including cases that were resolved during the period of audit); b. Any potential losses the aggregate of which amounts to at least one percent (1%) of the capital; c. Any finding to the effect that the consolidated assets of the company, on a going concern basis, are no longer adequate to cover the total claims of creditors; and d. Material internal control weaknesses which may lead to financial reporting problems. 2. The external auditor/auditing firm shall report directly to the BSP within fifteen (15) calendar days from the occurrence of the following: a. Termination or resignation as external auditor and stating the reason therefor; b. Discovery of a material breach of laws or BSP rules and regulations such as, but not limited to: (1) CAR; and (2) Loans and other risk assets review and classification.
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c. Findings on matters of corporate governance that may require urgent action by the BSP. 3. In case there are no matters to report (e.g. fraud, dishonesty, breach of laws, etc.) the external auditor/auditing firm shall submit directly to BSP within fifteen (15) calendar days after the closing of the audit engagement a notarized certification that there is none to report. The management of the covered institutions, including its subsidiaries and affiliates, shall be informed of the adverse findings and the report of the external auditor/auditing firm to the BSP shall include pertinent explanation and/or corrective action. The management of the covered institutions, including its subsidiaries and affiliates, shall be given the opportunity to be present in the discussions between the BSP and the external auditor/auditing firm regarding the audit findings, except in circumstances where the external auditor believes that the entitys management is involved in fraudulent conduct. It is, however, understood that the accountability of an external auditor/ auditing firm is based on matters within the normal coverage of an audit conducted in accordance with generally accepted auditing standards and identified non-audit services. I. DELISTING AND SUSPENSION OF SELECTED EXTERNAL AUDITOR/ AUDITING FIRM 1. An external auditors duly selected pursuant to this regulation shall be suspended or delisted, in a manner provided under this regulation, under any of the following grounds: a. Failure to submit the report under Item "H" of this Appendix or the required reports under Subsec. X190.1; b. Continuous conduct of audit despite loss of independence as provided under Item
"E.1" or contrary to the requirements under the Code of Professional Ethics; c. Any willful misrepresentation in the following information/documents; (1) application and renewal for accreditation; (2) report required under Item "H"; and (3) Notarized certification of the external auditor and/or auditing firm. d. The BOA found that, after due notice and hearing, the external auditor committed an act discreditable to the profession as specified in the Code of Professional Ethics for CPAs. In this case, the BOA shall inform the BSP of the results thereof; e. Declaration of conviction by a competent court of a crime involving moral turpitude, fraud (as defined in the Revised Penal Code), or declaration of liability for violation of the banking laws, rules and regulation, the Corporation Code of the Philippines, the Securities Regulation Code (SRC); and the rules and regulations of concerned regulatory authorities; f. Refusal for no valid reason, upon lawful order of the BSP, to submit the requested documents in connection with an ongoing investigation. The external auditor should however been made aware of such investigation; g. Gross negligence in the conduct of audits which would result, among others, in non-compliance with generally accepted auditing standards in the Philippines or issuance of an unqualified opinion which is not supported with full compliance by the auditee with generally accepted accounting principles in the Philippines (GAAP). Such negligence shall be determined by the BSP after proper investigation during which the external auditor shall be given due notice and hearing; h. Conduct of any of the non-audit services enumerated under Item "E.1" for his statutory audit clients, if he has not
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undertaken the safeguards to reduce the threat to his independence; and i. Failure to comply with the Philippine Auditing Standards and Philippine Auditing Practice Statements. 2. An auditing firms; accreditation shall be suspended or delisted, after due notice and hearing, for the following grounds: a. Failure to submit the report under Item "H" or the required reports under Sec. X190.1. b. Continuous conduct of audit despite loss of independence of the firm as provided under this regulation and under the Code of Professional Ethics; c. Any willful misrepresentation in the following information/ documents; (1) Application and renewal for accreditation; (2) Report required under Item "H"; and (3) Notarized certification of the managing partner of the firm. d. Dissolution of the auditing firm/ partnership, as evidenced by an Affidavit of Dissolution submitted to the BOA, or upon findings by the BSP that the firm/ partnership is dissolved. The accreditation of such firm/partnership shall however be reinstated by the BSP upon showing that the said dissolution was solely for the purpose of admitting new partner/s have complied with the requirements of this regulation and thereafter shall be reorganized and re-registered; e. There is a showing that the accreditation of the following number or percentage of external auditors, whichever is lesser, have been suspended or delisted for whatever reason, by the BSP: (1) at least ten (10) signing partners and currently employed selected/accredited external auditors, taken together; or (2) such number of external auditors constituting fifty percent (50%) or more of the total number of the firms signing
partners and currently selected/accredited auditors, taken together. f. The firm or any one (1) of its auditors has been involved in a major accounting/ auditing scam or scandal. The suspension or delisting of the said firm shall depend on the gravity of the offense or the impact of said scam or scandal on the investing public or the securities market, as may be determined by the BSP; g. The firm has failed reasonably to supervise an associated person and employed auditor, relating to the following: (1) auditing or quality control standards, or otherwise, with a view to preventing violations of this regulations; (2) provisions under SRC relating to preparation and issuance of audit reports and the obligations and liabilities of accountants with respect thereto; (3) the rules of the BSP under this Appendix; or (4) professional standards. h. Refusal for no valid reason, upon order of the BSP, to submit requested documents in connection with an ongoing investigation. The firm should however be made aware of such investigation. 3. Pursuant to paragraph 8 of the aforesaid MOA, the SEC, BSP and IC shall inform BOA of any violation by an accredited/selected external auditor which may affect his/her accreditation status as a public practitioner. The imposition of sanction by BOA on an erring practitioner shall be without prejudice to the appropriate penalty that the SEC, IC or BSP may assess or impose on such external auditor pursuant to their respective rules and regulations. In case of revocation of accreditation of a public practitioner by BOA, the accreditation by SEC, BSP and IC shall likewise be automatically revoked/derecognized. The SEC, BSP and IC shall inform each other of any violation committed by an external auditor who is accredited/selected by any one (1) or all of them. Each agency
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shall undertake to respond on any referral or endorsement by another agency within ten (10) working days from receipt thereof. 4. Procedure and Effects of Delisting/ Suspension. a. An external auditor/auditing firm shall only be delisted upon prior notice to him/it and after giving him/it the opportunity to be heard and defend himself/itself by presenting witnesses/ evidence in his favor. Delisted external auditor and/or auditing firm may re-apply for BSP selection after the period prescribed by the Monetary Board. b. BSP shall keep a record of its proceeding/investigation. Said proceedings/ investigation shall not be public, unless otherwise ordered by the Monetary Board for good cause shown, with the consent of the parties to such proceedings. c. A determination of the Monetary Board to impose a suspension or delisting under this section shall be supported by a clear statement setting forth the following: (1) Each act or practice in which the selected/accredited external auditor or auditing firm, or associated entry, if applicable, has engaged or omitted to engage, or that forms a basis for all or part of such suspension/delisting; (2) The specific provision/s of this regulation, the related SEC rules or professional standards which the Monetary Board determined as has been violated; and (3) The imposed suspension or delisting, including a justification for either sanction and the period and other requirements specially required within which the delisted auditing firm or external auditor may apply for re-accreditation. d. The suspension/delisting, including the sanctions/penalties provided in Sec. X189 shall only apply to: (1) Intentional or knowing conduct, including reckless conduct, that results in violation or applicable statutory, regulatory or professional standards; or
(2) Repeated instances of negligent conduct, each resulting in a violation of the applicable statutory, regulatory or professional standards. e. No associate person or employed auditor of a selected/accredited auditing firm shall be deemed to have failed reasonably to supervise any other person for purpose of Item "I.2.g" above, if: (1) There have been established in and for that firm procedures, and a system for applying such procedures, that comply with applicable rules of BSP and that would reasonably be expected to prevent and detect any such violation by such associated person; and (2) Such person or auditor has reasonably discharged the duties and obligations incumbent upon that person by reason of such procedures and system, and had no reasonable cause to believe that such procedures and system were not being complied with. f. The BSP shall discipline any selected external auditor that is suspended or delisted from being associated with any selected auditing firm, or for any selected auditing firm that knew, or in the exercise or reasonable care should have known, of the suspension or delisting of any selected external auditor, to permit such association, without the consent of the Monetary Board. g. The BSP shall discipline any covered institution that knew or in the exercise of reasonable care should have known, of the suspension or delisting of its external auditor or auditing firm, without the consent of the Monetary Board. h. The BSP shall establish for appropriate cases an expedited procedure for consideration and determination of the question of the duration of stay of any such disciplinary action pending review of any disciplinary action of the BSP under this Section.
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J.
SPECIFIC REVIEW When warranted by supervisory concern, the Monetary Board may, at the expense of the covered institution require the external auditor and/or auditing firm to undertake a specific review of a particular aspect of the operations of these institutions. The report shall be submitted to the BSP and the audited institution simultaneously, within thirty (30) calendar days after the conclusion of said review. K. AUDIT BY THE BOARD OF DIRECTORS Pursuant to Section 58 of RA. No. 8791, otherwise known as The General Banking Law of 2000 the Monetary Board may also direct the board of directors of a covered institution or the individual members thereof, to conduct, either personally or by a committee created by the board, an annual balance sheet audit of the covered institution to review the internal audit and the internal control system of the concerned entity and to submit a report of such audit to the Monetary Board
within thirty (30) calendar days after the conclusion thereof. L. AUDIT ENGAGEMENT Covered institutions shall submit the audit engagement contract between them, their subsidiaries and affiliates and the external auditor/auditing firm to the appropriate department of the SES within fifteen (15) calendar days from signing thereof. Said contract shall include the following provisions: 1. That the covered institution shall be responsible for keeping the auditor fully informed of existing and subsequent changes to prudential regulatory and statutory requirements of the BSP and that both parties shall comply with said requirements; 2. That disclosure of information by the external auditor/auditing firm to the BSP as required under Items H and J hereof, shall be allowed; and 3. That both parties shall comply with all the requirements under this Appendix.
(As amended by Circular No. 660 dated 25 August 2009)
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IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 6848 (THE ISLAMIC BANK CHARTER)
(Appendix to Sec. X101) Pursuant to Section 43 of R.A. No. 6848, otherwise known as The Charter of the Al-Amanah Islamic Investment Bank of the Philippines, the Monetary Board, in its Resolution Nos. 161 and 244 dated 14 February and 6 March 1996, respectively, approved the following Implementing Rules and Regulations: Sec. 1. Domicile and Place of Business The principal domicile and place of business of the Al-Amanah Islamic Investment Bank of the Philippines, hereinafter called the Islamic Bank, shall be in Zamboanga City. It may establish branches, agencies or other offices at such places in the Philippines or abroad subject to applicable laws, rules and regulations of the BSP. Sec. 2. Purpose and Basis The primary purpose of the Islamic Bank shall be to promote and accelerate the socio-economic development of the Autonomous Region by performing banking, financing and investment operations and to establish and participate in agricultural, commercial and industrial ventures based on the Islamic concept of banking. All business dealings and activities of the Islamic Bank shall be subject to the basic principles and rulings of Islamic Sharia within the purview of the aforementioned declared policy. Any zakat or tithe paid by the Islamic Bank on behalf of its shareholders and depositors shall be considered as part of compliance by the Islamic bank with its obligation to appropriate said zakat fund and to disburse it in legitimate channels to be ascertained first by the Sharia Advisory Council. Sec. 3. Sharia Advisory Council The Sharia Advisory Council of the Islamic Bank shall be composed of at least three (3) but not more than five (5) members, selected from among Islamic scholars and jurists of comparative law. The members shall be elected at a general shareholders meeting of the Islamic Bank every three (3) years from a list of nominees prepared by the Board of Directors of the Islamic Bank. The Board is hereby authorized to select the members of the first Sharia Advisory Council and to determine their remunerations. Sec. 4. Functions of the Sharia Advisory Council The functions of the Sharia Advisory Council shall be to offer advice and undertake reviews pertaining to the application of the principles and rulings of the Islamic Sharia to the Islamic Banks transactions, but it shall not directly involve itself in the operations of the Bank. Any member of the Sharia Advisory Council may be invited to sit in the regular or special meetings of the Board of Directors of the Islamic Bank to expound his views on matters of the Islamic Sharia affecting a particular transaction but he shall not be entitled to vote on the question presented before the board meetings. Sec. 5. Islamic Banks Powers The Al-Amanah Islamic Investment Bank of the Philippines, upon its organization, shall be a body corporate and shall have the power: 1. To prescribe its by-laws and its operating policies; 2. To adopt, alter and use a corporate seal;
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3. To make contracts, to sue and be sued; 4. To borrow money; to own real or personal property and to introduce improvements thereon, and to sell mortgage or otherwise dispose of the same; 5. To employ such officers and personnel, preferably from the qualified Muslim sector, as may be necessary to carry Islamic banking business; 6. To establish branches, agencies and correspondent offices in provinces and cities in the Philippines, particularly where Muslims are predominantly located, or in other areas in the country or abroad as may be necessary to carry on its Islamic banking business, subject to the rules and regulations of the BSP; 7. To perform the following banking services: a. Open current or checking accounts; b. Open savings accounts for safekeeping or custody with no participation in profit and losses unless otherwise authorized by the account holders to be invested; c. Accept investment account placements and invest the same for a term with the IBs funds in Islamically permissible transactions on participation basis; d. Accept foreign currency deposits from banks, companies, organizations and individuals, including foreign governments; e. Buy and sell foreign exchange; f. Act as correspondent of banks and institutions to handle remittances or any fund transfers; g. Accept drafts and issue letters of credit or letters of guarantee, negotiable notes and bills of exchange and other evidence of indebtedness under the universally accepted Islamic financial instruments;
h. Act as collection agent insofar as the payment orders, bills of exchange or other commercial documents are exclusive of riba or interest prohibitions; i. Provide financing with or without collateral by way of Al-Ijarah (leasing), Al-Bai ul Takjiri (sale and leaseback), or Al-Murabahah (costplus profit sales arrangement); j. Handle storage operations for goods or commodity financing secured by warehouse receipts presented to the Bank; k. Issue shares for the account of institutions and companies assisted by the Bank in meeting subscription calls or augmenting their capital and/or fund requirements as may be allowed by law; l. Undertake various investments in all transactions allowed by the Islamic Sharia in such a way that shall not permit the haram (forbidden), nor forbid the halal (permissible); 8. To act as an official depository of the government or its branches, subdivisions and instrumentalities and of government-owned or controlled corporations, particularly those doing business in the Autonomous Region; 9. To issue investment participation certificates, muquaradah (non-interestbearing bonds), debentures, collaterals and/or the renewal or refinancing of the same, with the approval of the Monetary Board of the BSP, to be used by the Bank in its financing operations for projects that will promote the economic development primarily of the Autonomous Region; 10. To carry out financing and joint investment operations by way of mudarabah partnership, musharaka joint venture or by decreasing participation, murabaha purchasing for others on a cost-plus
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financing arrangement, and to invest funds directly in various projects or through the use of funds whose owners desire to invest jointly with other resources available to the IB on a joint mudarabah basis; 11. To invest in the equity of allied undertakings, financial or non-financial, as well as in the equity of enterprises engaged in non-allied activities, as the Monetary Board has declared or may declare as appropriate from time to time, subject to the limitations and conditions provided for under the Manual of Regulaions for Banks and Other Financial Intermediaries - Book I (MRBOFI) ; and 12. To exercise the powers granted under R.A. No. 6848 and such incidental powers as may be necessary to carry on its business, and to exercise further the general powers mentioned in the Corporation Law and the General Banking Act, insofar as they are not inconsistent or incompatible with the provisions of R.A. No. 6848. Sec. 6. Authorized Capital Stock The authorized capital stock of the IB shall be P1.0 billion divided into 10.0 million common shares with par value of One hundred pesos (P100.00) each. All shares are nominative and indivisible. The subscription to and ownership of such shares, including the transfer thereof to third parties, shall be limited to persons and entities who subscribe to the concept of Islamic banking. Sec. 7. Classification of Shares The IBs authorized capital stock shall have the following classifications and features in relation to its Islamic banking operations: 1. Series A shares shall comprise 5.1 million shares equivalent to P510.0 million to be made available for subscription by the present stockholders of the Philippine
Amanah Bank namely: the National Government, and such other financial entities as it may designate. 2. Series B shares shall comprise nine hundred thousand (900,000) shares equivalent to P90.0 million to be made available for subscription by the Filipino individuals and institutions. 3. Series C shares shall comprise 4.0 million shares equivalent to P400.0 million to be made available for subscription by Filipino and foreign individuals and/or institutions or entities: Any shareholders may exercise his preemptive right to consolidate ownership of the outstanding shares as hereinafter increased: Provided, That the common shares of the Philippine Amanah Bank which have been issued and outstanding shall form part of the increased capitalization of the IB, subject to the concurrence of the existing shareholders of the Philippine Amanah Bank. The IB is authorized to reacquire its common shares that are held privately: Provided, That it has sufficient surplus and/ or accumulated earnings for the purpose. The IB may take the necessary steps to have its Series B shares listed in any duly registered stock exchange. Sec. 8. Sale or Transfer of Shares The IB shall make a report to the BSP whenever a change is about to take place in relation to the ownership or control of the Bank. The approval of the Monetary Board shall be required in the following changes. 1. Any proposal for the sale or disposal of its share or business, or other matters related thereto, which will result in a change of the control of management of the IB in the following cases: a. Any sale or transfer of ownership or control of more than twenty
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percent (20%) of the voting stock of the Bank to any person whether natural or juridical; and b. Any sale or transfer or a series of sales or transfers which will effect a change in the majority ownership or control of the voting stock of the Bank from one group of persons to another group. 2. Any scheme for reconstruction or for consolidation or merger, or otherwise, between the IB and any other company wherein the whole or any part of the undertaking of the property of the IB is to be transferred to another corporation. 3. Acquisition by foreign banking institutions, including their wholly- or majority-owned subsidiaries and their holding companies having majority holdings in such foreign banking institutions. Sec. 9. Privatization The IB may privatize its ownership. For this purpose, any limitation on the transfer of shares shall not be applicable with respect to the shareholdings of the National Government, SSS, GSIS, PNB and DBP.Transactions affecting the shares of stocks of the IB shall be subject to existing rules and regulations governing transfer of shares and ceilings on stockholdings, insofar as they are not in conflict with any provisions of R.A. No. 6848 and other pertinent laws, rules and regulations. Sec. 10. Board of Arbitration The Board of Directors of the IB, acting as an arbitrator, shall settle by the majority decision of its members any dispute between and among shareholders of the IB, whether individuals or entities, where such dispute arises from their relations as shareholders in the IB. The Board shall be bound in this respect to the procedures of laws on civil and commercial pleadings, except in regard to the basic principles of due process.
If the dispute is between the IB and any of the investors or the shareholders, a Board of Arbitration shall settle such dispute. In this case, the Board of Arbitration, consisting of three (3) members shall be formed by two (2) parties to the dispute within forty-five (45) days from receipt of written notice by either party to the dispute. The three (3) members shall be selected as follows: one (1) arbitrator from each party who shall then select a casting arbitrator as the third member of the board. The three (3) shall select one of them to preside over the Board of Arbitration. The selection by each party of its arbitrator shall be deemed as an acceptance of the arbitrators decision and of its finality. In the event that one of the two parties shall fail to select its arbitrator or in the case of non-agreement on the selection of the casting arbitrator or the presiding member of the Board of Arbitration within the period specified in the preceding paragraph, the matter shall be submitted to the Sharia Advisory Council which shall select the arbitrator, the casting arbitrator or the presiding member, as the case may be. The Board of Arbitration shall meet at the IBs principal office and shall set up the procedure of arbitration which it shall follow in hearing and deciding the dispute. The decision shall include the method of its execution and the party that shall incur the costs of arbitration. The final judgment shall be deposited with the Office of the Corporate Secretary of the Bank and the SEC. The Board of Arbitrations decision shall, in all cases, be final and executory. It shall be valid for execution in the same manner as final judgments are effected under R.A. No. 876 otherwise known as the Arbitration Law. Sec. 11. Incentives to Islamic Banking Subject to the provisions of Section 72 of the New Central Bank Act, the
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provisions of the Omnibus Investment Code on the basic rights and guarantees of investors are made applicable to the commercial operations of the IB in respect to repatriation or remittance of profits from investments, and to protection against nationalization, sequestrations, or expropriation proceedings. Any proceedings of judicial or administrative seizure may not be taken against the said property or investment except upon a final court judgment. Sec. 12. Grants and Donations The IB shall accept grants, donations, endowments, and subsidies, or funds and/or property offered by individuals and organization who may earmark such grants for a specific purpose or for such other purposes beneficial to the Muslim communities, without prejudice to the general objectives of the IB. The financial statement and books of accounts of such funds shall be maintained separately but may be supplemented to the IBs balance sheet. Under special circumstances in which the Board of Directors considers it advisable to promote or facilitate Islamic banking business and commercial operations, the IB may seek financing from governments, organizations, individuals or banks always without prejudice to the provisions of Section 43 of R.A. No. 6848. Sec. 13. Non-Interest Bearing Placements The IB is authorized to accept deposits from governments, banks, organizations or other entities and individuals from within the Philippines or abroad which shall form under any of the following non-interest bearing placements: 1. Savings accounts 2. Investment participation accounts 3. Current accounts and other deposit liabilities.
Any deposit received by the IB without authorization to invest shall be treated as current account and savings account, as the case may be, and may be withdrawn wholly or partly at any time, under the principle of Al-Wadiah (Safe Custody). The IB shall provide check books for its current account depositors and savings passbook for savings account depositors and other usual services connected therewith. The IB, at its absolute discretion, may reward the customers for the use of their funds. The Board of Directors shall formulate rules and guidelines which should be consistent with the Sharia principle, in the giving of rewards to the customers. All deposits received with authorization to invest for a given period of time shall form part of the general pool of placements allocated for the investment portfolios of the IB and may be added to its working capital to be invested in any special projects or in general areas of investments or commercial operations of the Bank. These deposits shall be called as Investment Participation Accounts in which under the principle of Al-Mudarabah, the IB acts as the entrepreneur and the customers as the Provider of Capital, and both shall agree through negotiation on the ratio of distribution of the profits generated from the investment of the funds. In the event of loss, the customers shall bear all the losses. Sec. 14. Investment of Funds The IB shall have the capacity of agent or attorney and shall act with full authority on behalf of the group of depositors in general in investing their commingled deposits without prejudice to the following sections and shall ensure a degree of liquidity to be determined by the Board of Directors to meet the current obligations of the IB including drawings from savings accounts and current accounts: Provided, That such degree of
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liquidity shall be subject to the reserve requirement as may be determined by the BSP. The Board of Directors shall determine the period for an investment participation account. Investment of funds shall be undertaken by the IB acting on behalf of the group of depositors or investors in selected areas of investment under such terms and conditions as the Board of Directors may determine by way of mudarabah or other forms of joint investment permitted by Islamic Sharia principle. Sec. 15. Return on Investment Funds The depositors or investors in joint investment participation accounts shall be entitled to a portion of the return on investment according to the deposit balances and its period. The profits on participation account with authorization to invest in specific transaction shall be calculated on the same basis as on the capital funds invested as determined by the Board of Directors pursuant to Section 35 of R.A. No. 6848. Sec. 16. Allocation of Resources The IB may allocate part of its own investible funds or of the deposits on hand to finance investment projects and carry on its Islamic banking business directly or indirectly under its own supervision. For this purpose, it may create and finance investment companies or affiliates which shall manage investment projects on behalf of and under the supervision of the IB and for its own account. The IB shall ascertain the viability and soundness of investment projects which it may directly supervise and those in which it may participate with part of its own funds, with the general pool of investors funds with authorization. The IB shall have the right to inspect and supervise the projects which it shall finance or in which it is the majority shareholder. The original capital and related profits shall be remitted in the same
currency it was originally contributed or in one of the convertible currencies, as the Board of Directors shall determine in accordance with R.A. No. 6848. Sec. 17. Authorized Banking Services The IB shall exercise all the powers enumerated under Section 6 of R.A. No. 6848 and perform all the services of a bank, except as otherwise prohibited by R.A. No. 6848: Provided, That no transactions with any customer, company, corporation or firm shall be permitted for discounts by the BSP. Sec. 18. Acceptance of Government Funds Pursuant to Sec. 6 (8) of R.A. No. 6848, the IB shall act as an official depository of the government or its branches, subdivisions and instrumentalities and of government-owned or controlled corporations, particularly those doing business in the autonomous region. Government funds placed with the IB shall be limited to working balances. All government deposits in excess of working balances shall be placed with the BSP. Once privatized, acceptance by the IB of government funds or deposits shall be subject to existing laws and regulations governing the acceptance of such funds by private commercial banks which include prior Monetary Board approval. The government deposits held by the IB shall be subject to reserve and liquidity floor requirements as the Monetary Board may prescribe. Sec. 19. Authorized Commercial Operations The IB may operate as an Investment House pursuant to Presidential Decree No. 129, as amended, and as a Venture Capital Corporation pursuant to Presidential Decree No. 1688, and by virtue thereof, carry on the following types of commercial operations:
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1. The IB may have a direct interest as a shareholder, partner, owner or any other capacity in any commercial, industrial, agricultural, real estate or development project under mudarabah form of partnership or musharaka joint venture agreement or by decreasing participation, or otherwise invest under any of the various contemporary Islamic financing techniques or modes of investment for profit sharing. 2. The IB may carry on commercial operations for the purpose of realizing its investment banking objectives by establishing enterprises or financing existing enterprises, or otherwise by participating in any way with other companies, institutions or banks performing activities similar to its own or which may help accomplish its objectives in the Philippines or abroad, under any of the contemporary Islamic financing techniques or modes of investment for profit sharing; and 3) The IB may perform all business ventures and transactions as may be necessary to carry out the objectives of its charter within the framework of the IBs financial capabilities and technical considerations prescribed by law and convention: Provided, That these shall not involve any riba or other activities prohibited by the Islamic Sharia principles. The IB may likewise perform the functions of an investment house either directly or indirectly through a subsidiary investment house; in either case, the underwriting of equity securities and securities dealing shall be subject to pertinent laws and rules and regulations of the SEC: Provided, That the IB cannot perform such functions both directly and indirectly through a subsidiary: Provided, further, That if the investment house functions are performed directly by the IB, such functions shall be undertaken
by a separate and distinct department or other similar unit in the bank: Provided, finally, That if the bank avails of the option of exercising the powers of an investment house indirectly through its subsidiary investment house, it may not directly exercise the powers which are exclusively reserved to IHs. Sec. 20. Employee Share Schemes The Board of Directors may adopt an employee profit sharing scheme under any of the following ways: 1. Any arrangement under which the directors, officers and employees of the IB receive, in addition to their salaries and wages, a share, fixed beforehand, in the profits realized by the Bank or by its affiliate companies to which the profit sharing scheme relates; and 2. Any arrangement under which the IB facilitates the acquisition by its directors, officers and employees of common shares of stock either as shareincentives, share-bonus options, or any other share-saving schemes as the Board of Directors may determine. No scheme shall be approved by the Board of Directors under this section unless it is satisfied that the participant in the profit sharing scheme is bound by a contract with the IB by virtue of which an appropriation of shares has been made for the purpose. The shares so purchased or appropriated shall be deposited in escrow with the Bank. The Board of Directors of the IB shall then constitute the trustee of the approved scheme, whose functions with respect to the common shares held by them are regulated by Chapter VII of the General Banking Act and other pertinent laws. The terms of the approved scheme shall be prescribed by the Board of Directors and embodied in a deed of instrument. The adoption of and any change in the employee profit sharing scheme shall
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be reported to the appropriate supervising and examining department of the BSP within thirty (30) calendar days from the date of approval. Sec. 21. Investment Ceilings; Business Limits The IB shall observe the following investment ceilings and business limits in its operations: 1. The aggregate credit facilities or any other liabilities of any customer of the IB shall not exceed at all times fifteen percent (15%) of the unimpaired capital and surplus of the Bank. For purposes of determining compliance with this regulation, credit facilities shall refer to: a. Interbank Receivable b. Financing and Investment c. Trade Financing d. Agrarian Reform/Other Agricultural Financing P. D. No. 717 e. Bills Purchased f. Customers Liability on Bills/Drafts under Letters of Credit and/or Trust Receipts g. Customers Liability for this Banks Acceptances Outstanding h. Trading Account Securities Financing i. Underwriting Accounts Debt Securities j. Stand-by Letters of Credit k. Such other facilities as may be determined by the Monetary Board Credit facilities granted by the IB to any other bank, as well as deposits maintained by it in any bank, shall be subject to the credit facility limit to any single borrower as herein prescribed. 2. The aggregate amount of investment portfolios for any single industry (following the major industry groupings in the 1977 Philippine Standard Industrial Classification) shall at no time exceed thirty percent (30%)
of the IBs investment capacity. Investment capacity shall mean the total unimpaired capital and surplus plus deposits and borrowings minus the investment in bank premises. 3. The IB shall not grant unsecured loans except gardhasan (benevolent loans). Such outstanding unsecured loans or credit accommodations which the IB may extend at any time without security or in respect of any advance, loan or credit facility made with the security wholly or partly whenever at any time it exceeds the aggregate market value of the assets constituting the security, shall be limited to fifty thousand pesos (P50,000.00) to any person, company, corporation or firm. 4. A credit facility granted to any person for the purpose of financing the acquisition of shares in any company, corporation or firm shall not exceed fifty percent (50%) of the appraised value of the shares at the time the credit facility is granted. Appraised value, in the case of listed shares, shall mean the weighted average price in the stock exchange. For unlisted shares, the appraised value shall mean the book value of the shares. Sec. 22. Loans and Credit Facilities to Directors, Officers, Employees and Stockholders 1. General Policy. Except as otherwise provided in these regulations, the IB shall not directly or indirectly grant an advance, loan or credit facility to any of its directors, officers, employees or stockholders, or to any other person for whom any of them is a guarantor, or in any manner be an obligor for money granted by the IB. 2. Direct Loans to Officers, Employees and Stockholders. Whenever the IB is satisfied that special circumstances exist, a loan not exceeding at any one time an amount equivalent to six months remuneration, may be granted to an officer
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or employee on such terms and conditions as the IB deems fit: Provided, however, That loans and advances to officers and employees in the form of fringe benefits granted in accordance with the rules and regulations prescribed under Section 1337 of the MRBOFI shall not be subject to the preceding limitation, nor to the ceiling on unsecured loans prescribed in Section 21. The IB may extend credit facilities to stockholders owning two percent (2%) or more of the subscribed capital stock up to an amount equivalent to the outstanding deposits or the book value of his paid-in capital in the Bank, whichever is higher. 3. Indirect Credit Facilities to Directors and Auditors. No credit facility shall be granted by the IB to a company, corporation, partnership or firm wherein any member of the Board of Directors or auditors is a shareholder, partner, manager, agent or employee in any manner, except with the written approval of and by unanimous vote of not less than two-thirds of all the members of the Board of directors, excluding the director concerned: Provided, That the total liabilities of such company, corporation, partnership or firm to the IB shall be limited to the directors or auditors outstanding deposits or the book value of his paid-in capital in the Bank, whichever is higher. 4. Aggregate Ceiling. Except with the prior approval of the Monetary Board, the total outstanding credit facilities of directors, officers, auditors and stockholders, whether direct or indirect, shall not exceed fifteen percent (15%) of the total credit facilities of the Bank or one hundred percent (100%) of combined capital accounts, net of deferred income tax and such unbooked valuation reserves and other capital
adjustments as may be required by the BSP, whichever is lower. 5. Procedural Requirements. The following provisions shall apply to direct loans to officers and indirect credit facilities to directors and auditors, allowed under these regulations. a. Approval of the Board; when to obtain. Direct loans to officers shall require the prior written approval of the majority of the directors. Indirect loans to directors and auditors shall be allowed subject to the prior written approval, and by unanimous vote, of not less than two-thirds (2/3) of all the members of the Board of Directors, excluding the director concerned. b. Approval by the Board; how manifested. The approval as required in Item "a" above shall be manifested in a resolution passed by the Board of Directors duly assembled during a regular or special meeting for that purpose and made of record. c. Determination of compliance with the required number of votes. The determination of the majority or two-thirds (2/3) of the directors, excluding the directors concerned, shall be based on the total number of directors of the Bank as provided in its Charter and By-Laws. d. Content of the resolution. The resolution of the Board of Directors shall contain the following information: (i) Name of the director, officer or auditor concerned and his relationship as regards the credit facility, such as principal, indorser, guarantor, etc.; (ii) Nature of the loan or credit facility, purpose, amount, credit basis for such loan or credit facility,
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security and appraisal thereof, maturity, schedule of repayment, and other terms of the loan or credit facility; (iii) Date of the resolution; (iv) Names of the directors who were present and who participated in the deliberations of the meeting; (v) Names in print and signatures of the directors approving the resolution: Provided, That the corporate secretary may sign, under a power-of-attorney, in behalf of a director who was present in the board meeting and who approved such resolution, in instances where such signature is necessary to indicate that such resolution was approved by a majority or two-thirds of the directors; and (vi) Such other information as may be required by the appropriate supervising and examining department of the BSP. e. Transmittal of copy of board approval; contents thereof. A copy of the written approval of the Board of Directors, as herein required, shall be submitted to the appropriate supervising and examining department of the BSP within twenty (20) banking days from the date of approval. The copy may be a duplicate of the original, or a reproduction copy showing clearly the signatures of the approving directors: Provided, That if a reproduction copy is to be submitted, it shall contain on its face or reverse side a signed certification by the Secretary that it is a reproduction of the original written approval. Sec. 23. Past Due Accounts Accounts considered past due. The following shall be considered as past due: 1. Loans or receivables payable on demand if not paid on the date indicated
on the demand letter, or within six (6) months from date of grant, whichever comes earlier; 2. Financing and investment accounts not paid at maturity/ expiry date or not paid in accordance with the terms of payment stipulated in the agreement/ contract; 3. Customers liability on drafts under LC/TR a. Sight Bills if dishonored upon presentment for payment or not paid within thirty (30) days from date of original entry, whichever comes earlier; b. Usance Bills if dishonored upon presentment for acceptance or not paid on due date, whichever comes earlier; and c. Trust Receipts if not paid on due date; 4. Bills and other negotiable instruments purchased if dishonored upon presentment for acceptance/ payment or not paid on maturity date, whichever comes earlier: Provided, however, That an out-of-town check and a foreign check shall be considered as past due if outstanding for thirty (30) days and forty-five (45) days respectively, unless earlier dishonored; 5. Credit facilities or receivables payable in installments the total outstanding balance thereof shall be considered past due in accordance with the following schedule:
Mode of Payment Monthly Quarterly Semestrally Annually Minimum Number of Installments in Arrears 6 2 1 1
Provided, however, That when the total amount of arrearages reaches twenty percent (20%) of the total outstanding balance of the credit facility/receivable, the total outstanding balance of the credit
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facility/receivable shall be considered as past due, notwithstanding the number of installments in arrears: Provided, further, That for modes of payment other than those listed above (e.g., daily, weekly or semi-monthly), the entire outstanding balance of the loan/receivable shall be considered as past due when the total amount of arrearages reaches ten percent (10%) of the total receivable balance; 6. Credit card receivables if the amount due is not paid within ten (10) days from the deadline indicated in the billing statement; and 7. All items in litigation as defined in the IBs Manual of Accounts. For the purpose of determining delinquency in the payment of obligations as a ground for disqualification of bank directors and officers, any due and unpaid loan/financing installment or portion thereof, from the time the obligor defaults, shall be considered as past due. Sec. 24. Equity Investments 1. Financial Allied Undertakings . With prior approval of the Monetary Board, the IB may invest in the equity of the following financial allied undertakings: a. Leasing companies; b. Banks; c. Investment houses; d. Financing companies; e. Credit card operations; f. Financial institutions addressed/ catering to small and mediumscale industries; g. Companies engaged in stock brokerage/security dealership/ brokerage; h. Foreign exchange dealers/brokers; and i. Insurance companies Provided, That any such undertaking is the primary purpose for which a particular enterprise was established and the volume of its business indicates that
it is principally engaged in such undertaking. The equity investment of the IB in a single financial allied undertaking shall be, in relation to the total subscribed capital stock and in relation to the total voting stock of the allied undertaking, within the following ratios:
Allied Undertaking KBs TBs and RBs Other financial allied undertakings Limit - Up to 49% - Up to 100% - Up to 100% without prejudice to the limitations prescribed in Subsec. 1378.1 (of the MRBOFI).
Provided, That the equity investment in an insurance company of the IB, any of its wholly or majority-owned subsidiaries, its directors, officers and stockholders owning two percent (2%) or more of the banks subscribed capital stock, shall not exceed fifty-one percent (51%) of the total subscribed capital stock and the total voting stock of such insurance company. The equity investment of the IB in a bank pursuant to R.A. No. 7721 shall be governed by the rules and regulations implementing said law. 2. Non-Financial Allied Undertakings. The IB may invest in the equity of the following non-financial allied undertakings: a. Warehousing companies; b. Storage companies; c. Safe deposit box companies; d. Companies engaged in the management of mutual funds but not in the mutual funds themselves; e. Management corporations engaged or to be engaged in activity similar to the management of mutual funds; f. Companies engaged in the provision of computer services; g. Insurance agencies: Provided, That no director, officer or stockholder
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of the bank and their related interests hold/ own more than twenty percent (20%) of the subscribed capital stock or equity of the insurance company for which the affiliates insurance acts as agent; h. Companies engaged in home building and home development; i. Companies providing drying and/or milling facilities for agricultural crops such as rice and corn; j. Companies engaged in insurance brokerage: Provided, That no director, officer, stockholder of the IB or its related interests shall have financial interests in the insurance company/companies for which the affiliate insurance brokerage company acts as broker; k. Bank service corporations all of the capital of which is owned by one or more banks and organized to perform for and in behalf of banks the following services: (i) data processing systems development and maintenance; (ii) deposit and withdrawal recording; (iii) computation and recording of interests, service charges, penalties and other fees; (iv) check-clearing processing, such as the transmission and receipt of check-clearing items/tapes to and from the BSP, collection and delivery of checks not included in the Philippine Clearing House System, as well as the recording of the same; and (v) printing and delivery of bank statements. l. Clearing house companies such as the PCHC and the Philippine Central Depository, Inc. Provided, further , That any such undertaking is the primary purpose for which a particular enterprise was established and the volume of its business indicates that it is principally engaged in such undertaking.
The IB may acquire up to one hundred percent (100%) of the equity of a nonfinancial allied undertaking. However, prior Monetary Board approval is required if the investment is in excess of forty percent (40%) of the total subscribed capital stock or forty percent (40%) of the total voting stock of such allied undertaking. 3. Investments in Non-Allied or Non-Related Enterprises . The broad category of undertakings in which the IB may invest in directly or through its wholly or majority-owned subsidiary shall be subject to prior approval of the Monetary Board. Investments shall be allowed in enterprises engaged in certain activities in agriculture, mining and quarrying, manufacturing, public utilities, construction, wholesale trade and community and social services following the industrial groupings in the 1977 Philippine Standard Industrial Classification (PSIC) as enumerated in Annex I of Subsection 1380.1 of the MRBOFI, as amended. Individual equity investment in undertakings within these enumerated activities shall not require prior approval: Provided, however, That within thirty (30) days after the investment, the Bank shall furnish the appropriate supervising and examining department of the BSP such relevant information on the investments made as amount invested, name of investee company, and nature of business, accompanied by such pertinent documents as Articles of Incorporation, Articles of Partnership or Registration Certificate, whichever may be applicable, and such other information which may be required: Provided, further, That said investment is within the limits and restrictions set forth in the succeeding paragraphs of this Section. The equity investment of the IB or of its wholly or majority-owned subsidiary, in any single non-allied enterprise shall
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not exceed thirty-five percent (35%) of the total subscribed capital stock nor shall it exceed thirty-five percent (35%) of the voting stock in the enterprise. For the purpose of determining compliance with the ceiling prescribed in the preceding paragraph, (i) the equity investment of the Bank; (ii) the equity investment of the Banks wholly or majority-owned subsidiaries; and (iii) the equity investment of directors, officers and stockholders owning two percent (2%) or more of the subscribed capital stock of the Bank or of the Banks wholly or majority-owned subsidiaries, shall be combined. In no case shall the total equity investments in a single non-allied enterprise of the IB, together with the investments of other expanded commercial banks, non-bank financial intermediaries performing quasi-banking functions, or their wholly or majority-owned subsidiaries, whether or not the parent financial intermediaries have equity investments in the enterprise, amount to fifty percent (50%) or more of the voting stock of that enterprise. 4. Other Limitations and Restrictions on Equity Investments. The following limitations and restrictions shall also apply regarding equity investments of the IB: a. The total equity investments of IB in any single enterprise, whether allied or non-allied, shall not at any time exceed fifteen percent (15%) of the Banks net worth. b. The total amount of investment in equities made by the IB in all enterprises, whether allied or nonallied, shall not exceed fifty percent (50%) of its net worth. 5. Investments Abroad. The ceiling provided for in the preceding paragraph shall apply to equity investments in and/or credit facilities to any enterprise abroad.
For purposes hereof, the phrase equity investments in and/or credit facilities to shall include any accommodation that gives rise to a creditor/debtor relationship such as deposits, money market placements, loans or any advances or any amount of funds granted or remitted by the IB to its subsidiary/affiliate abroad including letters of comfort and deposits/placements abroad of the Bank which are hypothecated. 6. Exclusion of Underwriting Exposure from Ceiling. The exposure of the IB arising from the firm underwriting of equity securities of enterprises shall not be counted in determining compliance with the ceiling prescribed for equity investments for a period of two (2) years from the acquisition of such equity securities. Sec. 25. Special Cash Account The IB shall open a special cash account with the BSP in which the liquid funds shall be deposited. Any transfer of funds from this account to other accounts shall be made only upon prior consultation with the IB. The Banks Board of Directors shall make such representations with the BSP as may be necessary to facilitate the opening of said account. Sec. 26. Capital Funds Requirements The IB shall maintain its combined capital accounts in proportion to its assets as prescribed by the General Banking Act and subject to the Rules and Regulations of the BSP. Sec. 27. Investment Risk Fund 1. Creation. A reserve account, known as the Investment Risk Fund, shall be created in the books of the IB, by annually setting aside an amount equal to ten percent (10%) of the profits realized during the financial year from the investment of the customers deposits in the following operations:
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a. Financing & Investment b. Foreign Exchange Transactions c. Investment in Bonds & Other Islamic Financial Instruments d. Trading Account Securities e. Investments in Stocks f. Equity Investments g. Placements with Treasury Department h. Others Should the accumulated reserves equal the authorized capital of the IB, the Board of Directors may reduce the amount of the annual deduction to a minimal percentage until the aggregate reserves become double the amount of the capital, after which the herein authorized deduction shall cease to accrue to the reserve account. 2. Determination of Profits and Losses. At the close of each financial year, the IB shall determine the results of its operation. The Board of Directors shall, after deducting the general and administrative expenses including remunerations of the Board of Directors and Sharia Advisory Council, determine annually what part of the income shall be appropriated to reserves, investors and shareholders. All accounts relating to financing and joint investment operations shall be kept separate from the accounts of the other banking activities and services offered by the IB. The same rule with respect to the accounts of specific investments shall apply where such specific projects may have a separate account. Losses incurred, if any, shall be deducted from the total profits realized for the financial year in which such losses are incurred, but any excess of losses over the profits which have been actually realized during the year may be deducted from the Investment Risk Fund opened for covering the risks of investments: Provided, That should the total profits realized in the year
be insufficient to cover the losses incurred, the IB shall carry out a comprehensive assessment to arrive at estimated profit and loss based on the market rates, from operations which are financed by the mudarabah funds and which have not reached the stage of final settlement by the end of the financial year. 3. Utilization. The Investment Risk Fund shall be invested for the benefit of the IB in safe non-interest bearing transactions only, as authorized by the Board of Directors. The Board of Directors shall adopt policies on the creation and utilization of the Investment Risk Fund and determination of profits and losses, within one (1) year from date of this Circular. Sec. 28. Periodic Reports The IB shall submit to the appropriate department/office of the BSP the periodic reports enumerated under Annex A and such other reports as may be prescribed by the Monetary Board. Sec. 29. Manual of Accounts The IB shall adopt/implement the Manual of Accounts for Al-Amanah Islamic Investment Bank of the Philippines as approved by the Monetary Board in its Resolution No. 335 dated 15 March 1991. Sec. 30. Board of Directors The Board of Directors shall be composed of nine (9) members duly elected by the shareholders. The Board of Directors shall choose from among themselves the Chairman. The Board shall convene at the principal office once every three (3) months at the most upon due notice by the Chairman or, whenever the need arises, upon the request of three (3) members. The Board may convene outside the IBs principal office as the members shall determine in the by-laws of the Bank.
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Sec. 31. Power of the Board The Board of Directors shall have the broadest powers to manage the IB except such matters as are explicitly reserved for the shareholders. The Board shall adopt policy guidelines necessary to carry out effectively the provisions of R.A. No. 6848, as well as internal rules and regulations necessary for the conduct of its Islamic banking business and all matters related to: 1. credit and investment; 2. discretionary and delegated authorities 3. risk management; 4. investment risk fund; 5. qardhasan (benevolent loans); and 6. personnel policies The Board of Directors shall have the power to appoint managers, authorized agents or legal representatives and shall vest them with signing authority on behalf of the Bank either severally or jointly in accordance with the operational procedures of the Bank. The Board shall cause the preparation of the IBs balance sheet for each financial year within three (3) months at the latest from the end of each accounting period as well as the profit and loss statement according to accounting rules established and based on Islamic criteria. Copies of the audited annual balance sheet, profit and loss account, together with any note thereon, and the report of the auditor and the directors own report shall be provided to the shareholders before the date of the general meeting. The Board shall also cause the preparation of the annual revenue and expenditures budget as well as the annual business plan. Sec. 32. Chief Executive Officer; Other Officers and Employees The Chairman of the Board of the IB shall be the Chief Executive Officer of the
Bank. He must have experience and training in Islamic banking. All other officers and employees of the IB shall, upon recommendation of the Chief Executive Officer, be appointed and removed by the Board which shall not be subject to Civil Service Law. The Chief Executive Officer of the IB shall, among others, execute and administer the policies, measures, orders and resolutions approved by the Board of Directors. In particular, he shall have the power and duty to execute all contracts in behalf of the IB, to enter into all necessary obligations required or permitted under R.A. No. 6848, to report weekly to the Board of Directors the main facts concerning the operations of the Bank during the preceding week, and to suggest changes in policy or policies which will serve the best interest of the Bank. Sec. 33. Qualifications and Disqualifications of Directors and Officers The provisions (of the MRBOFI Book I) regarding the qualifications and disqualifications of directors and officers shall be applicable to the directors and officers of the IB. Sec. 34. Business Development Office The IB shall have a Business Development Office which shall be responsible for the following: 1. To conduct periodic economic surveys and studies of the investment climate and opportunities in the IBs sphere of operations and identify the viable projects which may be sponsored by the people of the Autonomous Region; 2. To offer technical consultancy services in the preparation of project studies and in meeting other technical credit requirements of the IB, including the provision of the management consultants at rates to be determined by the Board of
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Directors to projects financially assisted by the IB; and 3. To perform such other functions as may be directed by the Board of Directors. Sec. 35. General Shareholders Meeting The shareholders shall convene in a general meeting annually at the latest within six (6) months following the end of the financial year of the Bank at the place, date and time fixed in the notice. The attendance of shareholders representing at least sixty percent (60%) of the capital of the IB shall constitute a quorum to do business and voting shall be by shares of stocks. For purposes of this section, Capital shall refer to the Total Subscribed Capital, whether paid or unpaid. No delinquent stock shall be voted for or be entitled to vote or to representation at any stockholders meeting, nor shall the holder thereof be entitled to any of the rights of a stockholder except the right to dividends until and unless he pays the amount due on his subscription, including the cost and expenses incurred thereon, if any. Holders of subscribed shares not fully paid which are not delinquent shall have all the rights of a stockholder. Sec. 36. Purposes of General Meeting The general shareholders meeting shall be convened purposely to hear the Board of Directors report on the activities of the IB, its financial condition, the auditors report and to approve the balance sheet for the financial year ended and the profit and loss statement, to determine the portion of dividends to be distributed to the shareholders and the method of distribution, to appoint the auditors, and to elect the members of the Board of Directors and the Sharia Advisory Council.
Sec. 37. Ordinary and Extraordinary Sessions The general shareholders meeting shall be presided over by the Chairman of the Board of Directors. All resolutions adopted by the general meeting in ordinary session assembled shall be taken by a vote of majority of the shareholders represented therein and in case of votes being equal, the Chairman shall cast his vote to break the tie. The resolutions of the general meeting adopted in accordance therewith shall be binding on all shareholders including those not in attendance or opposing the resolution. An extraordinary general meeting shall be required to pass resolutions related to the increase or decrease of capital of the Bank, the extension of its legal existence or matters affecting amendment of R.A. No. 6848. Resolutions of the extraordinary general meeting shall be deemed adopted when a majority vote of at least sixty-six and two-thirds plus one percent (66 & 2/3 + 1%) of the capital shares shall have been cast. In no case shall the general meeting resolve to modify the object of the Bank as an Islamic investment bank. Sec. 38. Bank Auditor; Reports Subject to the approval by the shareholders, the IB shall appoint an external auditor, whose qualifications and remunerations shall be fixed by the Board of Directors. The external auditor shall assume his functions from the date of his appointment until the date of the next general shareholders meeting. In case a vacancy occurs at any time during the year for any reason, the Board of Directors shall immediately appoint a replacement who shall serve until the next general shareholders meeting. The external auditor shall conduct an annual financial audit not later than thirty
APP. 44 08.12.31
(30) days after the close of the calendar year. Reports on such audit shall be made and submitted to the Board of Directors and the appropriate supervising and examining department of the BSP not later than ninety (90) days after the start of the audit. For purpose hereof, an independent external auditor who may be engaged by the Bank shall refer to one who does not hold or own two percent (2%) or more of equity in the Bank. The Board of Directors, in a regular or special meeting, shall consider and act on the financial audit report and shall submit, within thirty (30) days after receipt of the report, a copy of its resolution to the appropriate supervising and examining department of the BSP. The resolution shall show, among other things, the names of the directors present and absent, and the action(s) taken on the findings and recommendations. In the exercise of his auditing functions, all books, accounts and documents of the Bank shall be made available to the auditor for inspection to ascertain its assets and liabilities. Sec. 39. Confidential Information Banking transactions of the IB relating to all deposits of whatever nature are confidential and may not be examined, inquired or looked into by any person, government official, bureau or office except as provided in Sec. 38, or upon written permission by the depositor, or in cases where the money deposited or the transaction concerned is the subject of a court order. It shall be unlawful for any official or employee of the IB or any person as may be designated by the Board of Directors to examine or audit the books of the Bank to disclose or reveal to any person any confidential information except under the circumstances mentioned in the preceding paragraph.
Sec. 40. Accounting Period The financial year of the IB shall be based on the Gregorian calendar, but the corresponding Islamic Hijra date shall be mentioned on all correspondences, contracts, printed materials, forms and records of the IB. The accounting period shall commence on the first day of January and close on the last day of December each year. Sec. 41. Sharing between the Bank and the Investors Not later than the 31st day of January of each financial year, the Board of Directors shall determine and publish the general percentages of profit to be allocated to the total funds participating in joint investments of the IB. The IB as a joint venturer (Mudarib) shall be entitled to certain percentage after deducting the amount allocated to investors. The Bank shall likewise be entitled to a share in the profits of joint investments in proportion to its own invested funds. For the purpose of calculating funds employed in financing operations, priority shall be given to joint investment accounts and the holders of muquaradah (interest free) bonds. All zakat due in the shareholders capital and reserves represented by the pecuniary value of shares and the zakat due on the investors funds or profits accruing to every depositor shall be paid to the zakat fund, subject to their instructions. The Board of Directors shall adopt a policy on the sharing between the Bank and its investors which should be consistent with the Sharia principle. Sec. 42. Training of Technical Personnel The IB shall promote and sponsor the training of technical personnel in the field of Islamic banking, finance and insurance.
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Towards this end, the IB may defray the costs of study, at home or abroad, of outstanding employees of the IB, of promising university graduates or of any other qualified persons who shall be determined by proper competitive examinations. The Board of Directors shall prescribe rules and regulations to govern the training program of the IB. Sec. 43. Definition of Terms For purposes of these Rules and Regulations, the following definition of term shall apply: 1. Islamic banking business means banking business whose aims and operations do not involve interest (riba) which is prohibited by the Islamic Sharia principles. 2. Sharia has the meaning assigned to it by Islamic law and jurisprudence as expounded by authoritative sources; in the context of R.A. No. 6848, it is construed by reference to pertinent Quranic ordinances and applicable rules in Islamic jurisprudence on business transactions. 3. Riba has the meaning assigned to it by Islamic law and jurisprudence as expounded by authoritative sources; in the context of banking activities, the term includes the receipt and payment of interest in the various types of lending and borrowing and in the exchange of currencies on forward basis. 4. Zakat has the meaning assigned to it by Islamic law and jurisprudence as expounded by authoritative sources; in the context of R.A. No. 6848, it represents annual an tithe payable by the Bank on behalf of its shareholders and investors in compliance with Islamic Sharia principles. 5. Depositors means a person or entity who has an account at an IB, whether the account is a current account, a savings account, an investment account or any other deposit account; unless the
context requires another meaning, a depositor corresponds to an investor in joint investment of the IB. 6. Current account liabilities in relation to Islamic banking services mean the total deposits at the Bank which are repayable on demand. 7. Savings account liabilities in relation to Islamic banking services mean the total deposits at the IB which normally require the presentation of passbooks or such other legally acceptable documents in lieu of passbooks as approved by the BSP for the deposit or withdrawal of money; 8. Investment account liabilities in relation to Islamic banking services mean the total deposit liabilities at the IB in respect of funds placed by a depositor with the Bank for a fixed period of time under an agreement to share the profits and losses of that bank on the investment of such funds. 9. Other deposit liabilities in relation to an IB mean the deposit liabilities at the Bank other than savings account, investment account, current account liabilities and deposit liabilities from any IB or any other licensed bank. 10. Participation in relation to Islamic banking and commercial operations means any agreement or arrangement under which the mode of joint investments or specific transactions shall not involve the element of interest charge other than as percentage share in profits and losses of business. 11. Share means share in the capital of the Bank or a corporation and includes a stock, except where a distinction between stock and share is expressed or implied. 12. Muquaradah Bonds represent long term non-interest bearing bonds of definite denomination issued and floated by the bank on the basis of participation under the Mudarabah principle to be used
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in financing projects for economic development. Sec. 44. Statement of Principles For purposes of implementing these Rules and Regulations, the following Sharia principles shall be observed: 1. Al-Bai Bithaman Ajil (Deferred Payment Sale) - principle under which one sells to another by passing the ownership and delivery immediately but collects the payment later, usually by installments. This principle is applied in financing fixed asset acquisition, such as buying of houses, properties, plant and machinery, etc. 2. Al-Bai ul Takjiri (Leasing ending with ownership) - principle under which the fund-owner may purchase the asset required by the fund-user with the right to use the services of the asset, but subsequently to own the asset. Thus, the fund-owner first purchased the asset required by the fund-user and subsequently lease the asset to the funduser with the stipulation that at a point in time the fund-user will purchase from the fund-owner the asset concerned at an agreed price with all the lease rental previously paid constituting part of the purchase price. 3. Al-Ijarah (Leasing) - principle under which the fund-owner purchases the asset required by the fund-user who acquires the right to use the services of said asset. The transaction is covered by a contract whereby the fund-owner first purchases the asset and subsequently leases the same to the beneficiary (funduser) for a fixed, obligatory period, subject to lease rentals and other terms and conditions as may be agreed by both parties. 4. Al-Kafalah (Guarantee) principle under which one can provide guarantee to another on behalf of a third person. This principle is applied by IBs
to issue Letters of Guarantee in respect of the performance of a task, or the settlement of a loan, etc. Where a security deposit is required, it is taken under the principle of Al-Wadiah. This principle also enables the IBs to take guarantees from others for the credit facilities granted. 5. Al-Mudarabah (Trust Financing) - principle under which a fund-owner provides full financing to the fund-user who provides only entrepreneurship and labor. The fund-owner is not involved in the management of the funds at all. The return to the fund-owner and the fund-user is a share of profit at a rate or ratio agreed in advance. In case of a failure, the fundowner bears the financial losses. This principle is applied by the IBs in both deposit taking and financing. It is mostly applied to support the investment (fixed) deposit accounts. 6. Al-Murabahah (Purchase and Sale or Cost-plus) - principle under which the fund-owner purchases the goods or assets required by the fund-user and sells at an agreed mark-up to the fund-user. This principle is applied in Bills Receivable financing. If full financing is not to be given, the fund-user would be requested to place a margin deposit which will be used to pay for a portion of the cost of the goods or assets. 7. Al-Musharaka (Partnership Profit Sharing) - principle under which a fundowner and an entrepreneur can jointly contribute to the finance and the management of a business. Profits or losses from the joint venture are shared between them in the rate or ratio agreed in advance. This principle is applicable in both the areas of funding and financing. It is mostly applied by IBs to raise capital, to finance projects on a joint venture basis, and in Trust Receipt financing. 8. Al-Qardhasan (Benevolent Loan) - principle under which one provides a direct loan, free of any charges, to
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another in need. Payment of dividend for the use of the loan is at the discretion of the user of the funds. Financing economic and business activities of the poor is sometimes extended under this principle. 9. Al-Rahan (Security) - principle under which security can be given and taken for an outstanding obligation. Although IBs extend financing through partnership and trading assets, security is also taken as a precaution under this principle. 10. Al-Wadiah (Safe Custody) principle under which a trustee will safeguard the funds entrusted without any obligation to pay any dividend to the owners of the fund (depositors) as long as a guarantee is given to ensure the full refund of the money upon request of withdrawal. The trustee can have full discretion over the use of the funds. 11. Al-Wakalah (Agency) - principle under which one acts as an agent for another for a fee. This principle is applied in the Letters of Credit (LCs) operations in which the IBs issue LCs on behalf of their importing costumers when only LC service is required. A 100% margin deposit is collected under the principle of Al-Wadiah. The deposit will be used ultimately to meet the full value of the inward bills. Sec. 45. Sanctions Any director, officer, employee, auditor or agent of the IB who violates or permits the violation of any provisions of these Rules and Regulation shall be subject to the criminal and administrative sanctions provided under Sections 36 and 37 of R.A. No. 7653 (The New Central Bank Act).
Sec. 46. Supervision; Applicability of Banking Laws, Rules and Regulations The IB shall be under the supervision of the BSP. The provisions of other banking laws, MRBOFI, as well as the existing Rules and Regulations of the BSP, particularly those enumerated under Annex B, and other pertinent laws insofar as they are not in conflict with any provisions of R.A. No. 6848 and these Rules and Regulations shall be applicable to the IB. Sec. 47. Transformation to Islamic Banking Business The IB shall transform its investment portfolios, accounts or assets for the conduct of full Islamic banking business within two (2) years from 24 April 1996. The Monetary Board may allow extension of the period as circumstances may warrant. If for any reason, such portfolios, accounts or assets granted under the authority of the Philippine Amanah Bank Charter are not eligible for this purpose, the same may be transferred, swapped, sold or otherwise disposed of in any manner deemed feasible. The Board of Directors of the IB shall formulate policies to transform the business of the Bank into an Islamic concept, and shall submit the same to the appropriate department of the BSP within six (6) months from 24 April 1996. During the transformation period, the Bank may continue to perform conventional banking activities under R.A. No. 337, as amended, insofar as they are not in conflict with R.A. No. 6848, and the applicable rules and regulations of the BSP.
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NOTES ON MICROFINANCE
(Appendix to Subsec. X361) A. Definition of microfinance Microfinance is the provision of a broad range of financial services, such as deposits, loans, payment services, money transfers and insurance products to the poor and low-income households, generally for their microenterprises and small businesses, to enable them to raise their income levels and improve their living standards. B. Core principles for microfinance 1. The poor needs access to variety of appropriate financial services that are convenient, flexible and reasonably priced. 2. The poor has the capability to repay loans, pay the real cost of loans, generate s a v i n g s and avail complementary financial services. 3. Microfinance institutions must subscribe to performance standards and best practices to ensure greater outreach and sustainability. 4. I n l i n e w i t h t h e P h i l i p p i n e National Strategy for Microfinance, the governments role is an enabler (establishing the market-oriented policy and regulatory environment) and not as a direct provider of financial services. 5. Microfinance should become an integral part of the financial sector in order to achieve its full potential of reaching a large number of the poor. 6. Microfinance is an effective tool for poverty alleviation and is a clear testament that market-based solutions are feasible to expand access to financial services toward building a truly inclusive financial system. C. Characteristics of a typical microfinance client
Characteristics Distinguishing Features
Low income but with regular cash flow Employment in informal sector; low wage bracket Lack of physical collateral Closely interlinked household and business activities Poor and low income bank clients1 Other market (1) The landless who are segments engaged in agricultural work on a seasonal basis and manual and laborers in forestry,mining, household industries, construction and transport; requires credit for consumption needs and also for acquiring small productive assets, such as livestock. (2) Small and marginal farmers, rural artisans,weavers and those self-employed in the urban informal sector as hawkers,vendors and workers in household micro-enteprises requires credit for working capital, including a small part for consumption needs. This segment largely comprises the poor but not the poorest. (3) Medium farmers/small entrepreneurs who have gone into commercial crops and others who are engaged in dairy and poultry. Among non-farm activities, this segment includes those in villages and slums engaged in processing or manufacturing activity.These persons live barely above the poverty line and also suffer from inadequate access to formal credit. Type of client
Poor or low-income clients are those with annual family income below the national average based on the latest available National Statistics Office (NSO) Family Income and Expenditures Survey (FIES). The 2009 national average annual family income is Php 206,000 applicable to TBs/RBs/Coop Banks.
1
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D. Definition of microfinance loans or micro-credit Micro-credit loans are small loans granted to the basic sectors, on the basis of the borrowers cash flow and other loans granted to the poor and low-income households to enable them to raise their income levels and improve their living standards. These loans are typically unsecured but may also be secured in some cases. E. General features of microfinance loans 1. Types of microfinance loans a. Microenterprise loans Small and short term loans granted to the basic sectors, in the basis of the borrowers cash flow, for their microenterprises and small businesses. The principal amount of a microenterprises loan can be generally pegged at P150,000. b. Microenterprise Loan Plus or Microfinance Plus- loans granted to the basic sectors, on the basis of the borrowers cash flow, for their growing microenterprises and small businesses. These loans are from PhP150,001 to PhP300,000. The borrowers that will qualify as recipients of Microfinance Plus shall have a track record of at least two (2) microfinance loan cycles in the PhP50,000 to PhP150,000 range demonstrating the success of the business, its increasing credit demand and subsequent increased capacity to pay. The borrower must also have a savings account. The delivery of Microfinance Plus will be utilizing microfinance principles and methodologies in accordance with Sec. X361. c. Micro-agri loans short term loans granted for farming activities, agri-business and agri-related fixed assets, among others, utilizing microfinance principles and methodologies in accordance with Sec. X361. 2. Collateralization of microfinance loan
Microfinance loans are typically unsecured, for relatively short periods of time (up to 365 days) with monthly (or more frequent) amortizations of interest and principal, and often featuring a joint and several guarantee of one (1) or more persons. In some cases, they can also be secured, depending on the capacity of the borrower to offer collaterals acceptable to the policies of the lending institutions. 3. Interest on microfinance loans Global experience has demonstrated that a market-based interest rate regime permits the institution providing microfinance services become sustainable and able to cover administrative costs, provisions for loan losses and intermediation/funding costs.Global experience continues to validate the proposition that what matters most to the poor and underserved segments is access to financial services rather than their interest-rate cost most especially because microenterprise and small business borrowers will take a microfinance loan whose repayment periods match the additional cash flows they hope to generate. Therefore, interest on such microfinance loans shall be reasonable but shall not be lower than the prevailing market rates.This is to enable the lending institution not only to recover the financial and operational costs incidental to this type of microfinance lending but also to realize some bottom line gains. 4. Lending technology Prompt approval and disbursement of microloans Lack of extensive loan records Collateral substitutes; group based guarantees Conditional access to further micro-credits Information intensive character-based lending linked to cash flow analysis and group-based borrower selection
1 2
Circular 678 dated 05 January 2010 Circular 680 dated 03 February 2010
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F. Definition of microfinance savings deposit accounts or micro-deposits Micro-deposits are savings accounts that cater to the needs of the basic sectors, lowincome clients and those that are unserved or underserved by the financial system. They are appropriately designed and priced to fit the needs and capacity of this particular market. G. General features of microfinance savings deposit account 1. Minimum maintaining balance not exceeding One Hundred Pesos (P100.00). 2. Not subject to dormancy charges. 3. Only for individual microfinance clients whose average daily savings account balance does not exceed Fifteen Thousand Pesos (P15,000.00). H. Definition of microinsurance (Insurance Commission Memorandum Circular 1-2010 dated 29 January 2010) Microinsurance is an activity providing specific insurance, insurance-like and other similar products and services that
meet the needs of the low-income sector for risk protection and relief against distress, misfortune and other contingent events. The marketing, sale and servicing of microinsurance products by thrift, rural and cooperative banks shall be governed by existing BSP regulations1. I. General features of a microinsurance product (Insurance Commission Memorandum Circular 1-2010 dated 29 January 2010) 1. Premiums, contributions, fees or charges are collected/deducted prior to the occurrence of a contingent event. The amount of which shall be computed on a daily basis and does not exceed five percent (5%) of the current daily minimum wage for non-agricultural workers in Metro Manila. 2. Guaranteed benefits are provided upon occurrence of a contingent event. The amount of which is not more than 500 times the daily minimum wage for non-agricultural workers in Metro Manila.
(As amended by M-2011-027 dated 25 May 2011, Circular Nos. 744 dated 28 December 2011 and 694 dated 14 October 2010)
Circular 683 dated 23 February 2010
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GUIDELINES TO INCORPORATE MARKET RISK IN THE RISK-BASED CAPITAL ADEQUACY FRAMEWORK

[Appendix to Subsec. 1115.2 (2008 - X1116.5)] Introduction 1. These guidelines describe the approach to be used by the BSP to determine the minimum level of capital to be held by a bank against its market risk. The guidelines are broadly consistent with the recommendations of the Basel Committee on Banking Supervision in a document entitled Amendment to the Capital Accord to Incorporate Market Risks issued in January 1996. 2. Under these guidelines, banks shall be required to measure and apply capital charges against their market risk, in addition to their credit risk. 3. Market risk is defined as the risk of losses in on- and off-balance sheet positions arising from movements in market prices. The risks addressed by these guidelines are: - the risks pertaining to interest rate-related instruments and equities in the trading book; and - Foreign exchange risk throughout the bank. Coverage of capital requirement for market risk 4. The capital requirement for market risk shall apply to all UBs and KBs. 5. The minimum CAR covering combined credit risk and market risk shall apply to banks which are subject to market risk capital requirement on both solo basis (i.e., head office plus branches) and consolidated basis (i.e., parent bank plus subsidiary financial allied undertakings, but excluding insurance companies). Methods of measuring market risk 6. There are two (2) alternative methods recognized for the measurement of market risk, as follows: (a) The standardized approach shall be used by all banks which are subject to market risk capital requirement, except by those which may be allowed by BSP to use the alternative method described in paragraph (b) below. The method of measuring market risk under the standardized approach is set out in the Instructions for Accomplishing the Report on Computation of the Adjusted Risk-Based Capital Adequacy Ratio Covering Combined Credit Risk and Market Risk. (b) The internal models approach allows banks with the necessary system to use their own internal risk management models to calculate market risk. The use of this approach is subject to prior BSP approval. Approval shall be based on meeting certain qualitative and quantitative conditions relating to the models themselves and the controls surrounding them, as set out in Annex A . Banks may on a transitional basis be allowed to use a combination of the standardized approach and the models approach to measure their market risk, provided any such partial model shall cover a complete risk category (e.g., interest rate risk or foreign exchange risk). The reporting under the internal models approach is contained in the Instructions for Accomplishing the Report on Computation of the Adjusted Risk-Based Capital Adequacy Ratio Covering Combined Credit Risk and Market Risk. Calculation of the capital adequacy ratio (CAR) 7. The adjusted CAR covering combined credit risk and market risk shall be calculated using the qualifying capital expressed as a percentage of the total riskweighted assets (including credit risk and
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market risk-weighted assets). The components of this calculation are as follows: - Market risk-weighted assets are the sum of the capital charges for all market risk categories calculated using either the standardized approach or the internal models approach [multiplied by 125% for those calculated using the standardized methodology to be consistent with the higher capital charge for credit risk, i.e., ten percent (10%) as opposed to BIS recommended eight percent (8%)] multiplied by 10. (The multiplier 10 is the reciprocal of the BSP required minimum capital adequacy ratio for credit risk of ten percent (10%). The effect is to convert the sum of the market risk capital charges into a risk-weighted assets equivalent which can then be directly added to the total credit risk-weighted assets.) In calculating the capital charge for foreign exchange exposures, the net open position for Non-Deliverable Forwards (NDFs) shall be multiplied by 187.5% in lieu of the 125% factor referred to above starting 01 January 2012. - Credit riskweighted assets is the total risk weighted assets calculated in accordance with Subsec. X116.3, less the part calculated for on-balance sheet debt securities and equities in the trading book. (The credit risk-weighted assets for on-balance sheet debt securities and equities are deducted because they represent an element now covered by the market risk capital charge); and - Qualifying capital is the same as that calculated in accordance with Subsec. X116.2. 8. Banks shall maintain a minimum adjusted risk-based CAR covering combined credit risk and market risk of ten percent (10%) calculated in this manner on solo basis and on consolidated basis.
The trading book 9. A key feature of the market risk framework is the definition of the trading book of a bank. This is set out in the Instructions for Accomplishing the Report on Computation of the Adjusted Risk-Based Capital Adequacy Ratio Covering Combined Credit Risk and Market Risk. Banks are expected to adopt a consistent approach to allocating transactions into their trading and non-trading (i.e., banking book), and clear audit trail for this purpose should be created at the time each transaction is entered into. The BSP shall monitor banks practices to ensure that there is no abusive switching between different books to inappropriately reduce capital charges. Required reports 10. Banks shall submit quarterly reports of their adjusted risk-based CARs covering combined credit risk and market risk on solo basis and on consolidated basis to the appropriate supervising and examining department of the BSP in accordance with the prescribed forms within fifteen (15) banking days and thirty (30) banking days after the end of reference quarter for solo report and consolidated report, respectively.These reports shall be in addition to the reports on risk-based CAR covering credit risk required to be submitted in Subsec. X116.5. 11. One (1) of three (3) alternative report forms prescribed, shall be used depending on the complexity of the banks operations, to wit: (a) For UBs/KBs with expanded derivatives authority; (b) For UBs/KBs with expanded derivatives authority but without option transactions; or (c) For UBs/KBs without expanded derivatives authority. 12. The abovementioned reports shall be classified as Category A-2 Reports.
(As amended by Circular No. 740 dated 16 November 2011, M-2011-062 dated 13 December 2011)
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Annex A
REQUIREMENTS FOR THE USE OF INTERNAL MODELS TO MEASURE MARKET RISK

I. General Criteria 1. The use of internal models shall be conditional upon the explicit prior approval of the BSP. 2. The BSP will only give approval if at a minimum: It is satisfied that the banks risk management system is conceptually sound and is implemented with integrity; The bank has in the BSPs view sufficient number of staff skilled in the use of sophisticated models not only in the trading area but also in the risk control, audit and if necessary, back office areas; The banks models have in the BSPs judgment a proven track record of reasonable accuracy in measuring risk; and The bank regularly conducts stress tests along the lines discussed in Part V below. II. Qualitative Standards 5. Banks using internal models must have market risk management systems that are conceptually sound and implemented with integrity. Accordingly, a number of qualitative criteria that banks would have to meet before they are permitted to use a model-based approach are specified in paragraph 6 below. The extent to which banks meet the qualitative criteria may influence the level at which the BSP will set the multiplication factor referred to in Part IV, paragraph 8(j) below. Only those banks whose models are in full compliance with the qualitative criteria as listed in this section will be eligible for application of the minimum multiplication factor. 6. The qualitative criteria are: (a) The bank should have an independent risk control unit that is responsible for the design and implementation of the banks risk management system. The unit should produce and analyze daily reports on the output of the banks risk measurement model, including an evaluation of the relationship between measures of risk exposure and trading limits. This unit must be independent from business trading units and should report directly to senior management of the bank. (b) The unit should conduct a regular backtesting program, i.e. an ex-post
3. The BSP may require a period of initial monitoring and live testing of a banks internal model before it is used for supervisory capital purposes. 4. In addition to these general criteria, banks using internal models for capital purposes shall be subject to the requirements detailed in Parts II to VII below.
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comparison of the risk measure generated by the model against actual daily changes in portfolio value over longer periods of time, as well as hypothetical changes based on static positions. (c) The board of directors (or equivalent management committee in the case of Philippine branches of foreign banks) and senior management should be actively involved in the risk control process and must regard risk control as an essential aspect of the business to which significant resources need to be devoted. In this regard, the daily reports prepared by the independent risk control unit must be reviewed by a level of management with sufficient seniority and authority to enforce both reductions of positions taken by individual traders and reductions in the banks overall risk exposure. (d) The banks internal risk measurement model must be closely integrated into the day-today risk management process of the bank. Its output should accordingly be an integral part of the process of planning, monitoring and controlling the banks market risk profile. (e) The risk measurement system should be used in conjunction with internal trading and exposure limits. In this regard, trading limits should be related to the banks risk measurement model in a manner that is consistent over time and that is well-understood by both traders and senior management. (f) A routine and rigorous program of stress testing should be in place as
a supplement to the risk analysis based on day-to-day output of the banks risk measurement model. The results of stress testing exercises should be reviewed periodically by senior management and should be reflected in the policies and limits set by management and the board of directors (or equivalent management committee in the case of Philippine branches of foreign banks). Where stress tests reveal particular vulnerability to a given set of circumstances, prompt steps should be taken to manage those risks appropriately (e.g., by hedging against that outcome or reducing the size of the banks exposures). (g) Banks should have a routine in place for ensuring compliance with a documented set of internal policies, controls and procedures concerning the operation of the risk measurement system. The banks risk measurement system must be well documented, for example, through a risk management manual that describes the basic principles of the risk management system and that provides an explanation of the empirical techniques used to measure market risk. (h) An independent review of the risk measurement system should be carried out regularly in the banks own internal auditing process. This review should include both the activities of the business trading units and of the independent risk control unit. A review of the overall risk management process should take place at regular intervals (ideally not less than once a year) and should specifically address, at a minimum:
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the adequacy of the documentation of the risk management system and process; the organization of the risk control unit; the integration of market risk measures into daily risk management; the approval process for risk pricing models and valuation systems used by front and backoffice personnel; the validation of any significant change in the risk measurement process; the scope of market risks captured by the risk measurement model; the integrity of the management information system; the accuracy and completeness of position data; the verification of the consistency, timeliness and reliability of data sources used to run internal models, including the independence of such data sources; the accuracy and appropriateness of volatility and correlation assumptions; the accuracy of valuation and risk transformation calculations; and the verification of the models accuracy through frequent
backtesting as described in paragraph (b) above. III. Specification of Market Risk Factors
7. A banks internal market risk measurement system must specify an appropriate set of market risk factors, i.e., the market rates and prices that affect the value of the banks trading positions. The risk factors contained in a market risk measurement system should be sufficient to capture the risks inherent in the banks portfolio of on-and off- balance sheet trading positions. Although banks will have some discretion in specifying the risk factors for their internal models, the following guidelines should be fulfilled: (a) For interest rates, there must be a set of risk factors corresponding to interest rates in each currency in which the bank has interest ratesensitive on- or off-balance sheet positions. The risk measurement system should model the yield curve using one (1) of a number of generally accepted approaches, for example, by estimating forward rates of zero coupon yields. The yield curve should be divided into various maturity segments in order to capture variation in the volatility of rates along the yield curve; there will typically be one (1) risk factor corresponding to each maturity segment. For material exposures to interest rate movements in the major currencies and markets, banks must model the yield curve using a minimum of six (6) risk factors. However, the number
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of risk factors used should ultimately be driven by the nature of the banks trading strategies. For instance, a bank with a portfolio of various types of securities across many points of the yield curve and that engages in complex arbitrage strategies would require a greater number of risk factors to capture interest rate risk accurately; and The risk measurement system must incorporate separate risk factors to capture spread risk (e.g., between bonds and swaps). A variety of approaches may be used to capture the spread risk arising from less than perfectly correlated movements between government and other fixed-income interest rates, such as specifying a completely separate yield curve for nongovernment fixed-income instruments (for instance, swaps or local government unit securities) or estimating the spread over government rates at various points along the yield curve.
A somewhat more detailed approach would be to have risk factors corresponding to various sectors of the overall equity market (for instance, industry sectors or cyclical and non-cyclical sectors). As above, positions in individual stocks within each sector could be expressed in beta-equivalents relative to the sector index; and The most extensive approach would be to have risk factors corresponding to the volatility of individual equity issues.
The sophistication and nature of the modeling technique for a given market should correspond to the banks exposure to the overall market as well as its concentration in individual equity issues in that market. (c) For exchange rates, the risk measurement system should incorporate risk factors corresponding to the individual foreign currencies in which the banks positions are denominated. Since the value-at-risk (VaR) figure calculated by the risk measurement system will be expressed in Philippine peso, any net position denominated in a foreign currency will introduce a foreign exchange risk. Thus, there must be risk factors corresponding to the exchange rate between the Philippine peso and each foreign currency in which the bank has a significant exposure. IV. Quantitative Standards 8. Banks will have flexibility in devising the precise nature of their models, but
(b) For equity prices, there should be risk factors corresponding to each of the equity markets in which the bank holds significant positions. At a minimum, there should be a risk factor that is designed to capture market-wide movements in equity prices (e.g., a market index). Positions in individual securities or in sector indices could be expressed in betaequivalents relative to this market-wide index;
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the following minimum standards shall apply for the purpose of calculating their capital charge: (a) Value-at-risk (VaR) must be computed on a daily basis. (b) In calculating VaR, a 99th percentile, one-tailed confidence interval is to be used. (c) In calculating VaR, an instantaneous price shock equivalent to a 10-day movement in prices is to be used, i.e., the minimum holding period will be ten (10) trading days. Banks may use VaR numbers calculated according to shorter holding periods scaled up to ten (10) days by the square root of time. (For the treatment of options, also see paragraph (h) below.) (d) The choice of historical observation period (sample period) for calculating VaR will be constrained to a minimum length of one (1) year. For banks that use a weighting scheme or other methods for the historical observation period, the effective observation period must be at least one (1) year (that is, the weighted average time lag of the individual observations cannot be less than six (6) months). (e) Banks should update their data sets no less frequently than once every three (3) months and should also reassess them whenever market prices are subject to material changes. The BSP may also require a bank to calculate its VaR using a shorter observation period if in the BSPs judgment, this is justified by a significant upsurge in price volatility.
(f) No particular type of model is prescribed. So long as each model used captures all the material risks run by the bank, as set out in Part III, banks will be free to use models based, for example on variancecovariance matrices, historical simulations, or Monte Carlo simulations. (g) Banks will have discretion to recognize empirical correlations within broad risk categories (e.g., interest rates, exchange rates and equity prices, including related options volatilities in each risk factor category). The BSP may also recognize empirical correlations across broad risk factor categories, provided that the BSP is satisfied that the banks system for measuring correlations is sound and implemented with integrity. (h) For banks with option transactions, banks models must accurately capture the unique risks associated with options within each of the broad risk categories. The following criteria apply to the measurement of options risk: Banks models must capture the non-linear price characteristics of options positions; Banks are expected to ultimately move towards the application of a full 10-day price shock to options positions or positions that display option-like characteristics. In the interim, the BSP may require banks to adjust their capital measure for options risk through
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other methods, e.g., periodic simulations or stress testing; and Each banks risk measurement system must have a set of risk factors that captures the volatilities of the rates and prices underlying option positions, i.e., vega risk. Banks with relatively large and/or complex options portfolios should have detailed specifications of the relevant volatilities. This means that banks should measure the volatilities of options positions broken down by different maturities.
measure) for the past 250 trading days of the reference quarter-end as set out in Table 5 of the Instructions for Accomplishing the Report on Computation of the Adjusted RiskBased Capital Adequacy Ratio Covering Combined Credit Risk and Market Risk. (Table 3 for banks with expanded derivatives authority but without option transactions, and banks without expanded derivatives authority.) (k) Banks using models will be subject to a separate capital charge to cover the specific risk of interest raterelated instruments and equity securities as defined in the standardized approach to the extent that this risk is not incorporated into their models. However, for banks using models, the total specific risk charge applied to interest raterelated instruments or to equities should in no case be less than half the specific risk charges calculated according to the standardized methodology. V. Stress Testing 9. Banks using internal models for measuring market risk capital requirements must have in place a rigorous and comprehensive stress testing program. Stress testing to identify events or influences that could greatly impact banks is a key component of a banks assessment of its capital position. 10. Banks stress scenarios should cover a range of factors that can create extraordinary losses or gains in trading portfolios, or to make the control of risks in those portfolios very difficult. These factors include low-probability
(i) Each bank must meet, on a daily basis, a capital requirement expressed as the higher of (i) last trading days VaR number or (ii) an average of the daily VaR measures on each of the preceding sixty (60) trading days (both measured according to the parameters specified in this section) multiplied by a multiplication factor. (j) The multiplication factor shall be set by the BSP on the basis of its assessment of the quality of the banks risk management system subject to an absolute minimum of three (3). Banks will be required to add to this factor a plus directly related to the ex-post performance of the model (to be determined on a quarterly basis), thereby introducing a built-in positive incentive to maintain the predictive quality of the model. The plus will range from 0 to 1 based on the number of backtesting exceptions (i.e., the number of times that actual/ hypothetical loss exceeds the VaR
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events in all major types of risks, including the various components of market, credit, and operational risks. Stress scenarios should shed light on the impact of such events on positions that display both linear and non-linear price characteristics (i.e., options and instruments that have options-like characteristics). 11. Banks stress tests should be both of a qualitative and quantitative nature, incorporating both market risk and liquidity aspects of market disturbances. Quantitative criteria should identify plausible stress scenarios to which banks could be exposed. Qualitative criteria should emphasize that two (2) major goals of stress testing are to evaluate the capacity of the banks capital to absorb potential large losses and to identify steps the bank can take to reduce its risk and conserve capital. This assessment should be integral to setting and evaluating the banks management strategy and the results of stress testing should be regularly reported to senior management and, periodically, to the board of directors (or equivalent management committee in the case of Philippine branches of foreign banks). 12. Banks should combine the use of supervisory stress scenarios with stress tests developed by banks themselves to reflect their specific risk characteristics. Specifically, the BSP may ask banks to provide information on stress testing in the following three (3) broad areas: (a) Supervisory scenarios requiring no simulation by the bank. Banks should provide the BSP information on the largest losses experienced during the reference quarter. This loss information could be compared
to the level of capital that results from a banks internal measurement system. For example, it could provide BSP with a picture of how many days of peak day losses would have been covered by a given VaR estimate. (b) Scenarios requiring a simulation by the bank. Banks should subject their portfolios to a series of simulated stress scenarios and provide BSP with the results. These scenarios could include testing the current portfolio against past periods of significant disturbance, for example, the early 80s banking crisis or the 1997 Asian financial crisis, incorporating both the large price movements and the sharp reduction in liquidity associated with these events. A second type of scenario would evaluate the sensitivity of the banks market risk exposure to changes in the assumptions about volatilities and correlations. Applying this test would require an evaluation of the historical range of variation for volatilities and correlations and evaluation of the banks current positions against the extreme values of the historical range. Due consideration should be given to the sharp variation that at times has occurred in a matter of days in periods of significant market disturbance. (c) Scenarios developed by the bank itself to capture the specific characteristics of its portfolio. A bank should also develop its own stress test which it identifies as most adverse based on the characteristics of its portfolio. It should provide the BSP with a description of the
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methodology used to identify and carry out the scenarios, as well as with the description of the results derived from these scenarios. The results should be reviewed periodically by senior management and should be reflected in the policies and limits set by management and the board of directors (or equivalent management committee in the case of Philippine branches of foreign banks). Moreover, if a banks testing reveals particular vulnerability to a given set of circumstances, the BSP would expect the bank to take prompt steps to manage those risks appropriately (e.g., by hedging against that outcome or reducing the size of its exposures). VI. External Validation 13. The validation of models accuracy by external auditors and the BSP should at a minimum include the following steps: (a) Verify that the internal validation processes described in Part II, paragraph 6 (h) are operating in a satisfactory manner; (b) Ensure that the formulae used in the calculation process, as well as for the pricing of options and other complex instruments, are validated by a qualified unit, which in all cases should be independent from the trading area; (c) Check that the structure of internal models is adequate with respect to the banks activities and geographical coverage;
(d) Check the results of the banks backtesting of its internal measurement system (i.e., comparing VaR estimates with actual profits and losses) to ensure that the model provides a reliable measure of potential losses over time. This means that banks should make the results, as well as the underlying inputs to their VaR calculation, available to the BSP and/or external auditors on request; and (e) Make sure that data flows and processes associated with the risk measurement system are transparent and accessible . In particular, it is necessary that auditors or the BSP is in a position to have easy access, whenever they judge it necessary and under appropriate procedures, to the models specifications and parameters. VII. Combination of Internal Models and the Standardized Methodology 14. Unless a banks exposure to a particular risk factor is insignificant, the internal models approach will require banks to have an integrated risk measurement system that captures the broad risk factor categories (i.e., interest rates, exchange rates and equity prices, with related option volatilities being included in each risk factor category). A bank which has developed one or more models will no longer be able to revert to measuring the risk measured by those models according to the standardized methodology (unless the BSP withdraws approval for that model). 15. The following conditions will apply to banks using such combinations:
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(a) Each broad risk factor category must be assessed using a single approach (either internal models or the standardized approach), i.e., no combination of the two (2) methods will be permitted within a risk category or across banks different entities for the same type of risk; (b) All the criteria laid down in this Annex will apply to the models being used; (c) Banks may not modify the combination of the two (2) approaches they use without
justifying to the BSP that they have a good reason for doing so; (d) No element of market risk may escape measurement, i.e., the exposure for all the various risk factors, whether calculated according to the standardized approach or internal models, would have to be captured; and (e) The capital charges assessed under the standardized approach and under the models approach are to be aggregated according to the simple sum method.
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MARKET RISK CAPITAL TREATMENT FOR DOLLAR-LINKED PESO NOTES

[Appendix to Subsec. 1115.2 (2008 - 1116.5)] 1. Treatment of interest rate risk. Dollar-linked Peso Notes (DLPNs) booked under Trading Account Securities (TAS) or Available for Sale Securities (ASS) result in interest rate risk. These exposures shall be inclu ded in the report forms in the following manner: Under the standardized approach. The market value of the DLPN shall be reported in Part I.1, Item I.1, and Part I.2, US dollar ladder, under the coupon and time band corresponding to the DLPNs residual maturity; and Under the internal models approach. DLPN exposures must be included in the computation of Value-at-Risk (VaR) measure for interest rate risk. This VaR measure shall be reported in Part V, Item 1 (for banks with expanded derivatives authority), or Part IV, Item 1 (for banks with expanded derivatives authority but without option transactions and for banks without expanded derivatives authority). 2. Treatment of foreign exchange risk. DLPNs booked under TAS, ASS or Investment in Bonds and other Debt Instruments (IBODI) result in foreign exchange risk. These exposures shall be included in the report forms in the following manner: Under the standardized approach. The market value of the DLPN shall be included in the computation of the net long/(short) position for US dollar to be reported in Part III; and Under the internal models approach. DLPN exposures must be included in the computation of VaR measure for foreign exchange risk. This VaR measure shall be reported in Part V, Item 2 (for banks with expanded derivatives authority), or Part IV, Item 2 (for banks with expanded derivatives authority but without option transactions, and for banks without expanded derivatives authority).
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INSTRUCTIONS FOR ACCOMPLISHING THE REPORT ON COMPUTATION OF THE ADJUSTED RISK-BASED CAPITAL ADEQUACY RATIO COVERING COMBINED CREDIT RISK AND MARKET RISK (For Universal Banks and Commercial Banks With Expanded Derivatives Authority)
General Instructions 1. All universal banks and commercial banks are required to complete this Report both on a solo basis (i.e., head office plus branches) and on a consolidated basis (i.e., parent bank plus subsidiary financial allied undertakings, but excluding insurance companies). 2. The Report should be submitted as follows: (a) Solo report - within 15 banking days after the end of each reference quarter; and (b) Consolidated report - within 30 banking days after the end of each reference quarter. 3. Current market value should be used for reporting. For leveraged instruments where the apparent notional amount differs from the effective notional amount, the bank should use the effective notional amount in calculating the market value for reporting, e.g., a swap contract with a stated notional amount of PHP1.0 million, the terms of which call for a quarterly settlement of the difference between 5% and PHIBOR multiplied by 10 has an effective notional amount of PHP10.0 million. 4. Securities transactions are to be reported on a trade date basis. Definitions and Clarifications 5. Market risk is defined as the risk of losses in on- and off-balance sheet positions arising from movements in market prices. The risks subject to this reporting requirement are: (a) the risks pertaining to interest raterelated instruments and equities in the banks trading book; and (b) foreign exchange risk throughout the bank. The Report should include the reporting banks positions in on-balance sheet financial instruments and offbalance sheet derivatives, the latter being defined as financial contracts whose values depend on the values of one or more underlying assets or indices. 6. For the purpose of the Report, the trading book of a bank shall consist of: (a) its proprietary positions in financial instruments which are taken on with the intention of short-term resale or benefiting in the short term from actual or expected differences between the buying and selling prices or from other price or interest rate variations; (b) positions which arise from the execution of trade orders from customers and market making; and (c) positions taken in order to hedge other elements of the trading book. 7. The financial instruments referred to in the preceding paragraph include: (a) (i) transferable securities; (ii) units in collective investment undertakings; (b) certificates of deposit and other similar capital market instruments; (c) financial futures contracts; (d) forward contracts including forward rate agreements;
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(e) swaps; and (f) options. 8. Banks are expected to have an established policy for allocating transactions (including internal deals) to the trading or non-trading (i.e., banking) book, as well as procedures to ensure compliance with such policy. There must be a clear audit trail at the time each transaction is entered into and the BSP will examine the adequacy of such policy and procedures and their consistent implementation when it is considered necessary. For this purpose, banks which engage in trading activities should submit to the BSP a policy statement covering: (a) the definition of trading activities; (b) the financial instruments which can be traded or used for hedging the trading book portfolio; and (c) the principles for transferring positions between the trading and the banking books. 9. In general, the BSP will have regard to the banks intention in entering into a particular transaction when determining whether such transaction should fall into the trading book. Transactions will likely be considered to carry a trading intent on the part of the bank if: (a) the positions arising from the transactions are marked to market on a daily basis as part of the internal risk management process; (b) the positions are not (or not intended to be) held to maturity; and (c) the positions satisfy other criteria the bank applies to its trading portfolio on a consistent basis. 10. Debt securities include both fixedrate and floating-rate instruments, negotiable certificates of deposit, non-convertible preference shares, and also convertible bonds (i.e., debt issues or preference shares that are convertible, at a stated price, into
common shares of the issuer) which trade like debt securities. Debt related derivatives include bond futures and bond options. Options are subject to special treatment described in detail under Part IV of Specific Instructions. 11. Interest rate derivatives include all derivatives contracts and off-balance sheet instruments which react to changes in interest rates, e.g., interest rate futures, forward rate agreements (FRAs), interest rate and cross currency swaps, interest rate options and forward foreign exchange positions. As noted above, the treatment for options is described in Part IV of Specific Instructions. 12. Detailed offsetting rules applicable to the reporting of positions are set out in the relevant parts of Specific Instructions. These offsetting rules can be applied on both the solo and consolidated basis, provided that in the latter case there are no obstacles to the quick repatriation of profits from a foreign subsidiary to the Philippines and the bank performs daily management of risks on a consolidated basis. For this purpose, offsetting means the exclusion of matched positions of a bank from reporting and hence exclusion of such positions from the calculation of the adjusted capital adequacy ratio. 13. For avoidance of doubt, items that are deductible from the qualifying capital of the bank in the calculation of the risk-based capital adequacy ratio pursuant to Subsections X116.2.a to X116.2.c of the Manual of Regulations for Banks are excluded from market risk capital requirement. 14. In general, banks are only required to complete Parts I to IV and VI of the Report. Banks which have obtained the BSPs approval to adopt their internal valueat-risk (VaR) models to calculate their market risk capital charge (in all or individual risk
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categories) should complete Part V (in lieu of Parts I to IV). Where the internal model is used to calculate only selected risk categories, the capital charge for the risk categories measured under the internal models approach should be reported in Part V while that for the other risk categories measured under the standardized approach should be reported in the relevant sections of Parts I to IV. This combination of the standardized approach and the internal models approach is allowed on a transitional basis. Banks which adopt the internal models approach will not be permitted, save in exceptional circumstances, to revert to the standardized approach. Specific Instructions Part I Interest Rate Exposures 1. Debt securities and debt related derivatives specific risk 15. Report in this part the long and short positions in debt securities and debt derivatives (e.g., bond futures and bond options) in the trading book by category of the issuer. Offsetting will be allowed between long and short positions in identical issues (including positions in derivatives) with exactly the same issuer, coupon, currency and maturity. For items 1.4 to 1.7 of the Report, positions should be slotted into the appropriate time bands according to the residual maturities of the debt securities (or the underlying securities in case of debt derivatives). (Refer to examples (1) and (2) in Annex A). 16. A security, which is the subject of a repurchase agreement, will be treated as if it were still owned by the seller of the security, i.e., to be reported by the seller. This principle applies also in Part 1.2 of the Report. Commitments to buy and sell
securities should be reported as long and short positions, respectively. 17. Foreign countries, foreign incorporated banks and Philippine incorporated banks/ QBs with the highest credit quality, as well as debt securities with the highest credit quality refer to ratees/debt securities given the minimum credit ratings as indicated below by any two of the following internationally accepted rating agencies: Rating Agency (a) Moodys (b) Standard and Poors (c) Fitch IBCA Credit Rating Aa3 and above AA- and above AA- and above
and such other recognized international rating agencies as may be approved by the Monetary Board. The ratings of domestic rating agencies may likewise be used for this purpose provided that such rating agencies meet the criteria to be prescribed by the Monetary Board. 18. Multilateral development banks refer to the World Bank Group comprised of the International Bank for Reconstruction and Development (IBRD) and the International Finance Corporation (IFC), the Asian Development Bank (ADB), the African Development Bank (AfDB), the European Bank for Reconstruction and Development (EBRD), the Inter-American Development Bank (IADB), the European Investment Bank (EIB); the Nordic Investment Bank (NIB); the Caribbean Development Bank (CDB), the Council of Europe Development Bank (CEDB) and such others as may be recognized by the BSP. 19. Non-central government public sector entities of a foreign country refer to entities which are regarded as such by a recognized banking supervisory authority in the country in which they are incorporated.
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2. Debt securities, debt related derivatives and interest rate derivatives general market risk 20. Report in this part the long and short trading book positions in debt securities and debt derivatives described above, as well as interest rate derivatives. Report also interest rate exposures arising from futures contracts and forward positions in equities. A Maturity Method is adopted for the reporting of these positions as detailed below. Banks that possess the necessary capability to calculate the duration and price sensitivity of each position separately and wish to adopt such a duration approach for reporting in this part may seek approval from BSP. 21. Positions should be reported separately for each currency, i.e., banks should use separate sheets (Part I.2 of the Report) to report positions of different currencies. The unadjusted market risk capital charge is then calculated for each currency according to procedures set out in paragraphs 31 to 34 with no offsetting between different currencies. 22. Under the Maturity Method, positions are slotted into the time bands of the maturity ladder (as shown in Part I.2 of the Report) by remaining maturity if fixed rate and by the period to the next repricing date if floating rate. (Refer to examples (1) and (2) in Annex A). Derivatives should be treated as combinations of long and short positions. The maturity of an interest rate future or a forward rate agreement will be the period until delivery or exercise of the contract, plus where applicable the life of the underlying instrument. For example, a long position in a June 3-month interest rate future taken in December is to be reported at end of December as a long position in a zero coupon government security in that particular currency with a
maturity of 9 months and a short position in a zero coupon government security with a maturity of 6 months. (Refer to examples (5) and (6) in Annex A). The market values of the two positions should be reported. For forward foreign exchange positions in the trading book, they should be treated as long and as short positions in a zero coupon government security of the 2 currencies with the same maturity as the forward contract. (Refer to example (8) in Annex A). 23. For a bond future, where a range of deliverable instruments may be delivered to fulfill the contract, the bank has flexibility to elect which deliverable security goes into the maturity ladder but should take account of any conversion factor defined by the exchange. A two-leg approach will be adopted similar to the above. A long bond future will be taken as a long position in a deliverable bond and a short position in a zero coupon security maturing at the futures delivery date. For example, a long futures contract on a 5 year fixed rate security with delivery 3 months from the reporting date will be reported as a long position in say, a 5.25 year security, i.e., a specific security which is within the range of deliverables under the futures contract (as opposed to a notional/theoretical security), and a short position in a 3 months zero coupon security. (Refer to example (3) in Annex A). The amount to be reported in the above example for both legs will be the contract face value divided by the relevant conversion factor and multiplied by the current cash price of the selected deliverable bond. A forward bond transaction (i.e., with a settlement period longer than the market norm) will be treated similarly, i.e., a long bond forward will be reported as long position in the bond and a short position in a zero coupon security up
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to the forward delivery date. The current market value (at spot price) of the bond should be reported. 24. Swaps will be treated as two positions in securities with the relevant maturities. For example, an interest rate swap under which a bank is receiving floating rate interest and paying fixed will be treated as a long position in a floating rate instrument of maturity equivalent to the period until the next interest fixing and a short position in a fixed-rate instrument of maturity equivalent to the residual life of the swap. The market values of the 2 instruments should be reported. (Refer to example (4) in Annex A). For swaps that pay or receive a fixed or floating interest rate against some other reference price, e.g., an equity price, the interest rate component should be slotted into the appropriate maturity category, with the equity component being included in the equity framework. The separate legs of cross-currency swaps are to be reported in the relevant maturity ladders for the currencies concerned. (Refer to example (12) in Annex A). 25. As with the reporting under Part I.1 of the Report, banks can offset long and short positions in identical instruments with exactly the same issuer, coupon, currency and maturity for general market risk purposes. Similarly, a matched position in a futures or forward contract and its underlying may be fully offset. However, the leg representing the time to expiry of the futures or forward contract should be reported. For example, a bank has a long position in a particular bond and sells forward (i.e., beyond the normal settlement period for the security) such a bond as at the reporting date. The long and short positions in the bond can be offset but a long position in a (notional) zero coupon security with maturity at the forward delivery date should be reported, at the current market value of
the bond. Similarly, if the bank has a short position in a bond future and a long position in the underlying bond, such positions can be offset. A long position up to the futures delivery date should, however, be reported. When the futures contract comprises a range of deliverable instruments, offsetting of positions in the futures contract and its underlying is only permissible in cases where there is a readily identifiable underlying security which is most profitable for the trader with a short position to deliver, i.e., the cheapest to deliver. This means that offsetting is only permitted between a short future and a long bond, not between a long future and a short bond; and the long bond must be the one that is cheapest to deliver. The amount to be reported for the remaining long position up to the futures contracts delivery date will be the face value of the contract divided by the relevant conversion factor and multiplied by the current spot price of the cheapest to deliver bond. 26. Opposite positions in the same category of derivatives instruments (including the delta-equivalent value of options where the delta-plus approach for options is adopted see Part IV of the Report) can in certain circumstances be regarded as matched and allowed to offset fully. The separate legs of different swaps may also be matched subject to the same conditions. To qualify for this treatment, the positions must relate to the same underlying instruments, be of the same nominal value and be denominated in the same currency. In addition: (a) for futures: offsetting positions in the notional or underlying instruments to which the futures contract relates must be for identical products and mature within 7 days of each other; (b) for swaps and forward rate agreements (FRAs): the reference rate (for
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floating rate positions) must be identical and the coupon closely matched (i.e., within 15 basis points); and (c) for swaps, FRAs and forwards: the next interest fixing date or, for fixed coupon positions or forwards, the residual maturity must correspond within the following limits: - if either of the instruments for offsetting has an interest fixing date or residual maturity up to 1 month, the interest fixing date or residual maturity must be the same for both instruments; - if either of the instruments for offsetting has an interest fixing date or residual maturity greater than 1 month and up to 1 year, those dates or residual maturities must be within 7 days of each other; and - if either of the instruments for offsetting has an interest fixing date or residual maturity over 1 year, those dates or residual maturities must be within 30 days of each other. For example, a bought and a sold FRA in the same currency with the same face value and settlement date as well as notional deposit maturity date can be offset against each other and excluded from reporting if the contract rates are within 15 basis points of each other. Similarly, opposite swap positions in the same currency with the same face value and reference dates can be offset if, say, the floating rate in both cases is 6 months PHIBOR and the fixed rates are within 15 basis points of each other. The positions can still be offset if the reference dates (i. e., the next interest fixing date or remaining maturity) of the opposite positions are different but within the range as set out in (c) above. Opposite bond futures can, for example, be offset against each other if the deliverable bonds are of the same type and mature within 7 days of each other. 27. Banks with the necessary expertise and systems may use alternative formulae
(the so called pre-processing techniques) to calculate the positions to be included in the maturity ladder. This applies to all interest rate sensitive positions, arising from both physical and derivative instruments. One method is to first convert the payments required under each transaction into their present values. For that purpose, each cash flow should be discounted using zero-coupon yields. A single net figure of all of the cash flows within each time band may be reported. Banks wishing to adopt this or other methods for reporting should seek the BSPs prior approval. The pre-processing models would be subject to review by the BSP. Calculation of capital charges for interest rate exposures reported in Part I 28. The unadjusted minimum capital requirement is expressed in terms of two separately calculated charges, one applying to the specific risk of each trading book position in debt securities or debt derivatives, whether it is a short or long position, and the other to the overall interest rate risk in the trading book portfolio (termed general market risk) where long and short positions in different securities or derivatives can be offset subject to certain disallowances. Specific risk 29. The unadjusted specific risk charge is graduated into five broad categories by types of issuer, as follows:
Government and multilateral development banks* 0.00% Qualifying** 0.25% (residual maturity of 6 months or less) 1.00% (residual maturity of over 6 months to 24 months)
Government and multilateral development banks refers to the issuers as described under items 1.1 and 1.3 in Part I.1 of the Report. ** Qualifying refers to the issuers/issues as described under items 1.4 to 1.7 in Part I.1 of the Report.
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1.60% (residual maturity of over 24 months) 4.00% 8.00% Over 3 months to 6 months Over 6 months to 12 months Over 1 year to 2 years Over 2 years to 3 years Over 3 years to 4 years Over 4 years to 5 years Over 5 years to 7 years Over 7 years to 10 years Over 10 years to 15 years Over 15 years to 20 years Over 20 years Over 3 months to 6 months Over 6 months to 12 months Over 1.0 year to 1.9 years Over 1.9 years to 2.8 years Over 2.8 years to 3.6 years Over 3.6 years to 4.3 years Over 4.3 years to 5.7 years Over 5.7 years to 7.3 years Over 7.3 years to 9.3 years Over 9.3 years to 10.6 years Over 10.6 years to 12 years Over 12 years to 20 years Over 20 years 0.40% 0.70% 1.25% 1.75% 2.25% 2.75% 3.25% 3.75% 4.50% 5.25% 6.00% 8.00% 12.50%
LGU bonds*** Others
30. Interest rate and currency swaps, FRAs, forward foreign exchange contracts and interest rate futures will not be subject to a specific risk charge. In the case of futures contracts where the underlying is a debt security, a specific risk charge will apply according to the issuer (and the remaining maturity) as set out in the above paragraph. General market risk 31. General market risk applies to positions in all debt securities, debt derivatives and interest rate derivatives, subject only to an exemption for fully or very closely matched positions in identical instruments as described in paragraphs 25 to 26 above. The unadjusted capital charge is the sum of the following components: (a) the net short or long weighted position in the whole trading book; (b) a small proportion of the matched positions in each time band (the vertical disallowance); and (c) a larger proportion of the matched positions across different time-bands (the horizontal disallowance). 32. In the maturity ladder, first calculate the weighted positions by multiplying the positions reported in each time band by a risk-factor according to the following table: Table 1 Maturity method: time bands and weights
Coupon 3% or more 1 month or less Over 1 month to 3 months Coupon less than 3% 1 month or less Over 1 month to 3 months Risk weight 0.00% 0.20%
33. The weighted longs and shorts in each time band will be offset resulting in a single short or long position for each band. A 10% capital charge (vertical disallowance) will be levied on the smaller of the offsetting positions, be it long or short. Thus, if the sum of the weighted longs in a time band is P100.0 million and the sum of the weighted shorts is PHP90.0 million, the vertical disallowance would be 10% of PHP90.0 million (i.e., PHP9.0 million). 34. Two rounds of horizontal offsetting will then be conducted, first between the net positions in each of 3 zones (zero to 1 year, over 1 year to 4 years and over 4 years), and subsequently between the net positions in the 3 different zones. The offsetting will be subject to a scale of disallowances expressed as a fraction of the matched positions, as set out in Table 2 below. The weighted long and short positions in each of 3 zones may be offset,
*** LGU bonds refers to bonds issued by local government units (LGUs), covered by Deed of Assignment of Internal Revenue Allotment of the LGU and guaranteed by LGU Guarantee Corporation.
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subject to the matched portion attracting a disallowance factor that is part of the capital charge. The residual net position in each zone may be carried over and offset against opposite positions in other zones, subject to a second set of disallowance factors. Table 2 Horizontal disallowances
Zones Time-band Within Between Between the adjacent zones zone zones 1and 3
common shares of the issuer) which trade like equities and commitments to buy or sell equity securities. For non-convertible preference shares and those convertible bonds which trade like debt securities, they should be reported under Part I. Equity derivatives include forwards, futures and swaps on both individual equities and or stock indices. Options should be included subject to the specific instructions set out in Part IV. Long and short positions in the same issue may be reported on a net basis. 36. The positions are to be reported on a market-by-market basis, i.e., under separate columns to indicate the exchange where the reported equities are listed/traded. For foreign markets, banks should indicate the country where the market is located. (Refer to example (9) in Annex A) Equities with listing in more than one market should be reported as positions in the market of their primary listing. 37. Equity derivatives are to be converted into positions in the relevant underlying. Futures and forward contracts relating to an individual equity should be reported at current market values. Futures relating to equity indices can be reported either as the current index value times the monetary value of one index point set by the exchange, i.e., the tick value, or the marked-to-market value of the notional underlying equity portfolio. (Refer to example (11) in Annex A). 38. Matched positions in each identical equity or index (same delivery months) in each market may be fully offset, resulting in a single net short or long position. A future in a given equity may be offset against an opposite cash position in the same equity but the interest rate exposure
1 month or less Over 1 month to 3 months Zone 1 Over 3 months to 6 months Over 6 months to 12 months Over 1 year to 2 years Zone 2 Over 2 years to 3 years Over 3 years to 4 years Over 4 years to 5 years Over 5 years to 7 years Zone 3 Over 7 years to 10 years Over 10 years to 15 years Over 15 years to 20 years Over 20 years
40% 40%
30% 100% 40%
30%
Part II Equity Exposures 35. Report in this part the long and short positions in equities and equity derivatives in the trading book, including instruments that exhibit market behavior similar to equities. The instruments covered include common stock (whether voting or non-voting), convertible bonds (i.e., debt issues or preference shares that are convertible, at a stated price, into
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arising out of the equity futures should be reported in Part I. For example, a short futures contract on a specific stock with delivery 3 months from the reporting date can be offset against a long position in the underlying stock. However, the interest rate exposure arising out of the equity futures should be reported as a long position in the 1 to 3 months time band of the stock denominated currency in Part I. The position should be reported as the current market value of the stock. 39. An equity swap obligates a bank to receive an amount based on the change in value of a particular equity or equity index and also to pay an amount based on the change in value of a different equity or equity index. Accordingly, the receipt side and the payment side of an equity swap contract should be reported as a long and a short position, respectively. For an equity swap contract which involves a leg relating to a financial instrument other than equities or equity derivatives, for example, receiving/paying a fixed or floating interest rate, the exposure should be slotted into the appropriate maturity band in Part I. Where equities are part of a forward contract (equities to be received or to be delivered), any interest rate exposure from the other leg of the contract should be reported in Part I. The treatment is similar to that set out in paragraph 38. The same arrangement applies for index futures. (Refer to example (11) in Annex A). 40. As with interest rate exposures, the capital charge is levied to separately cover both the specific risk and the general market risk. Calculation is done on an individual market basis. The unadjusted capital charge for specific risk will be 8% on the gross (i.e., long plus short) positions. The unadjusted general market risk charge will be 8% on the net
position. Net long and short positions in different markets cannot be offset for the purpose of calculating general market risk charge. Part III Foreign Exchange Exposures 41. Report in this part the amount in US dollars (USD) of net long or net short position in each currency. The net deltabased equivalent of foreign currency options should also be reported for each currency, subject to the specific instructions in Part IV. In addition, structural positions taken deliberately to hedge against the effects of exchange rate movements on the capital adequacy of the reporting bank may be excluded. This should be cleared with the BSP prior to reporting. 42. Net long/(short) position shall refer to FX assets (excluding FX items allowed under existing regulations to be excluded from FX assets in the computation of a banks net FX position limits) less FX liabilities (excluding FX items allowed under existing regulations to be excluded from FX liabilities in the computation of a banks net FX position limits), plus contingent FX assets less contingent FX liabilities, including net delta weighted long/ (short) position of options (subject to a separately calculated capital charge for gamma and vega described in Part IV.2). Alternatively, if the bank engages in purchase of options only, the options shall be carved out and reported under Part IV.1. Delta-weighted long and short positions refer to potential purchases and sales of the underlying, respectively. For example, a short put option carries a potential purchase of the underlying, thus will be treated as a long delta-weighted position. 43. Banks which base their normal management accounting of forward currency positions on net present values
APP. 46b 08.12.31
shall use the net present values of each position, discounted using current interest rates, for measuring their positions. Otherwise, forward currency positions shall be measured based on notional amount. 44. The total USD amount of net long or net short position in each currency should then be converted at spot rates into Philippine peso. The overall net open position is the greater of the absolute value of the sum of net long position or sum of net short position. 45. The unadjusted capital charge will be 8% of the overall net open position. Part IV Options 46. Report in this part the positions of option contracts which are related to the risk categories reported in Parts I to III, using either the Simplified Approach or the Delta Plus Approach. 1. For banks that purchase options only Simplified Approach 47. Banks will be considered to be engaging only in purchase of options if at any time all their written option positions (if any) are hedged by perfectly matched long positions in exactly the same options. In this case such perfectly matched options need not be reported and only the outstanding long (purchased) options are covered by the following approach. 48. Treatments for purchased options with and without related cash positions are summarized in Table 3 below. The capital charge should be calculated separately for each individual option (together with the related cash position). Banks should then
report the sum of the capital charges calculated. Table 3 Simplified approach: capital charge for purchased options only
Short cash and Long call or Long cash and Long put The capital charge will be the market value of the underlying of the option multiplied by the sum of specific and general market risk charges for the underlying less the amount the option is in the money (if any), with the reduced capital charge bounded at zero*. (Refer to example (10) in Annex A). The capital charge will be the lesser of: a. the market value of the underlying of the option multiplied by the sum of specific and general market risk charges for the underlying; and b. the market value of the option.**
Long call or Long put
49. The market risk capital charges to be applied for the purpose of the above paragraph are indicated in Table 4 below: Table 4
Underlying Specific risk charge 0.00% General market risk charge As per the risk weights in Table 1, according to the residual maturity (fixed rate) or next repricing (floating rate).
Debt instruments***: Government and multilateral development banks Qualifying (with residual maturity) 6 months or less Over 6 months to 24 months Over 24 months
0.25% 1.00% 1.60%
For options with a residual maturity of more than 6 months, the strike price should be compared with the forward, not current, price. A bank unable to do this must take the in the money amount to be zero. ** Where the position does not fall within the trading book (i.e., options on certain foreign exchange position not belonging to the trading book), it is acceptable to use the book value instead. *** Issuer/issues classifications as per Part I.1 of the Report.
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LGU bonds 4.00% Others 8.00% Interest rate (non-debt 0.00% related) Equity 8.00% Foreign Exchange 0.00%
8.00% 8.00%
50. In some cases such as foreign exchange where it may be unclear which currency is the underlying of the option, this should be taken to be the asset which would be received if the option is exercised. In addition, the nominal value should be used for items where the market value of the underlying instrument could be zero, e.g., caps and floors as well as swaptions. 2. For banks that write options Delta Plus Approach 51. Banks that write options (apart from those described in paragraph 47) should report in Parts I to III the relevant deltaweighted positions of all their outstanding options, i.e., the market value of the underlying of the option multiplied by the option delta. The relevant negative gamma and vega sensitivities of these options should be reported in Parts IV.2(a) to IV.2(c) of the Report in order to capture the delta sensitivity and volatility risk of these options. Banks wishing to adopt alternate treatments for their options such as a scenario approach should seek prior approval from the BSP. 52. Delta-weighted option positions with debt securities or interest rates as the underlying will be slotted into the interest rate time bands, as set out in Part I.2 of the Report. A two-legged approach should be used as for other derivatives, requiring one entry at the time the underlying contract takes effect and a second at the time the underlying contract matures. In other words the reporting mechanism would be the same as those for the positions in the underlying instruments of the options as presented in Parts I to III, except that the market value of the
underlying instruments will be adjusted by the delta ratios of the relevant options for reporting under this approach. For instance: (a) A bought call option on a June 3month interest-rate future will in March be considered, on the basis of its deltaequivalent value, to be a long position with a maturity of 6 months and a short position with a maturity of 3 months. The written option will similarly be slotted as a long position with a maturity of 3 months and a short position with a maturity of 6 months. (b) A 2-month purchased call option on a bond future where delivery of the bond takes place in September would be considered in March as being long the deliverable bond and short a 6-month government security in the same currency, both positions being delta-weighted. (c) Floating rate instruments with caps or floors will be treated as a combination of floating rate securities and a series of European-style options, e.g., the holder of 2year floating rate security indexed to 6 month LIBOR with a cap of 8% will treat it as: (i) a debt security that reprices in 6 months; and (ii) a series of 3 written call options on a FRA with a reference rate of 8%, each with a negative sign at the time the underlying FRA takes effect and a positive sign at the time the underlying FRA matures. (The rules applying to closely matched positions set out in paragraph 26 will also apply in this respect.) (Refer to example (7) in Annex A). 53. The reporting of options with equities as the underlying will also be based on the delta-weighted positions which will be incorporated in Part II of the Report. For purposes of this calculation, each national market is to be treated as a separate underlying. For options on foreign exchange position, the net delta-based equivalent of the foreign currency options will be incorporated into the measurement of the exposure for the respective currency position. These delta
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positions will be reported in Part III of the Report. 54. The net negative gamma positions and vega positions of all outstanding options (purchased or written) should also be reported in Part IV.2. This is in addition to the delta positions being reported in Parts I to III. 55. The net negative gamma positions should be reported in the following way: (a) for each individual option, a gamma impact should be calculated by the following formula: Gamma impact = x Gamma x VU2 where VU = Variation of the underlying of the option. (b) VU will be calculated as follows: - for debt and interest rate options of which the delta-equivalent position is reported in Part I, the market value of the underlying or notional underlying multiplied by the risk weights for the appropriate time bands set out in Table 1; - for options on equities and equity indices, the market value of the underlying multiplied by 8%; and - for options on foreign exchange, the market value of the underlying multiplied by 8%. (c) For the purpose of this calculation the following positions should be treated as the same underlying: - for interest rate instruments, each time band as set out in Table 1; - for equities and equity indices, each national market; and - for foreign currencies, each currency pair. Banks with options relating to more underlyings than the space provided should report their positions in additional sheets. (d) Each option on the same underlying will have a gamma impact that is either positive or negative. These individual
gamma impacts will be summed, resulting in a net gamma impact for each underlying that is either positive or negative. Only those net gamma impacts that are negative should be reported. 56. The vega charge should be reported in the following way: (a) The vega positions should represent the risk in a proportional shift in volatility of +25% for the underlying. For example, an increase in volatility carries a risk of loss for a short option of which the assumed current (implied) volatility is 20%. With a proportional shift of 25%, the vega position has to be calculated on the basis of an increase in volatility of 5 percentage points from 20% to 25%. If the vega is calculated as 1.68, i.e., a 1% increase in volatility increases the value of the option by 1.68, then the above change in volatility of 5 percentage points will increase the value of the option by 8.4 (1.68 x 5) which represents the vega position to be reported. (b) Each option on the same underlying will have a vega position that is either positive or negative. These individual vega positions will be summed, resulting in a net vega position for each underlying that is either positive or negative. The total vega charge will be the sum of the absolute values of the net vega positions obtained for each underlying. Part V Internal Models Approach 57. Only those banks which have obtained the BSPs approval to adopt their internal value-at-risk (VaR) models to calculate their market risk capital charges in lieu of the standardized methodology are required to report in this part. 1. Value-at-risk results
58. Report in this part the value-at-risk (VaR) results as at the last trading day of the
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reference quarter in column (a) and the average VaR over the most recent 60 trading days of the reference quarter in column (b), both for each individual market risk category using internal models approach, i.e., item 1.1 to 1.3, and for the aggregate of these risk categories, i.e., item 1.4. 59. Provided that the BSP is satisfied with the banks system for measuring correlations, recognition of empirical correlations across broad risk categories (e.g., interest rates, equity prices and exchange rates, including related options volatilities in each risk factor category) may be allowed. The VaR for the aggregate of all risk categories will therefore not necessarily be equal to an arithmetic sum of the VaR for the individual risk category. 60. Report also in this part the number of backtesting exceptions for the past 250 trading days (from the reference quarter-end going backwards), based on: - actual daily changes in portfolio value, in item 1.4. column (c), and - hypothetical changes in portfolio value that would occur were end-of-day positions to remain unchanged during the 1 day holding period, in item 1.4 column (d), for the aggregate of the broad risk categories. 61. The multiplication factor to be reported in item 1.4 column (e) is the summation of the following 3 elements: (a) the minimum multiplication factor of 3; (b) the plus factor ranging from 0 to 1 based on the number of backtesting exceptions (i.e., the larger of item 1.4 column (c) or item 1.4 column (d)) for the past 250 trading days as set out in Table 5 below: and (c) any additional plus factor as may be prescribed by the BSP.
Table 5 Plus factor based on the number of backtesting exceptions for the past 250 trading days
Zone Number of exceptions Plus factor 0 1 2 3 4 5 6 7 8 9 10 or more 0.00 0.00 0.00 0.00 0.00 0.40 0.50 0.65 0.75 0.85 1.00
Green zone
Yellow zone
Red zone
62. Capital charge for general market risk calculated by internal models reported in item 1.6 is larger of: (a) Item 1.4 column (a), i.e., VaR for the aggregate of all risk categories, as at the last trading day of the reference quarter; or (b) Item 1.5, i.e., the average VaR for the last 60 trading days of the reference quarter [item 1.4 column (b)] times the multiplication factor [item 1.4 column (e)] set out in paragraph 61 above. 2. Specific risk 63. Capital charge for the specific risk of debt securities and other debt related derivatives, and equities and equity derivatives is to be reported using either of the following two methods: (a) For banks which incorporate the specific risk into their models, report the capital charge for the total specific risk calculated by the models in item 1.7 of Part V.1; or (b) For banks which do not incorporate the specific risk into their models, report the specific risk of debt securities and other debt related derivatives in Part I.1 according to the instructions in paragraphs 15-19 and 29-30. For equities and equity derivatives,
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report the specific risk in Part II according to the instructions in paragraphs 35 to 40. 3. Largest daily losses over the quarter 64. Report in this part in descending order (i.e., the largest loss first) the 5 largest daily losses over the reference quarter and their respective VaRs for the risk exposures which are measured by the internal models approach. If the number of daily losses during the quarter is less than 5, report only all such daily losses. Part VI Adjusted Capital Adequacy Ratio 65. The market risk capital charges should be aggregated and converted to a market risk-weighted exposure. The total market risk capital charges is the sum of the capital charges for individual market risk categories computed using either (a) the standardized approach, or (b) the internal models approach. The total capital charges for individual market risk categories using the standardized approach should be multiplied by 125% (to be consistent with the higher capital charge
for credit risk, i.e., 10% as opposed to the BIS recommended 8%.) 66. The total market risk-weighted exposure is computed by multiplying the total market risk capital charges by 10. (The multiplier 10 is the reciprocal of the BSP required minimum capital ratio for credit risk of 10%). The qualifying capital and total credit risk-weighted exposures are extracted from Part V.A and Part V.B, respectively, of the Report on the Computation of Risk-Based Capital Adequacy Ratio covering credit risk. 67. For on-balance-sheet debt securities and equities in the trading book included in Parts I, II and V of this Report, the credit risk-weighted exposures reported in Part II of the Report on the Computation of the Risk-Based Capital Adequacy Ratio covering credit risk should be excluded in calculating the adjusted ratio covering combined credit risk and market risk. The market risk capital charges for these positions calculated in this Report cover all the capital requirements for absorbing potential losses arising from carrying such positions.
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Annex A Suppose as at 31 December, 200X, ABC Bank Corporation has the following trading book positions: (1) Long position in US Treasury Bond (7.5% annual coupon) with face value equivalent to PHP507.000MM and residual maturity of 8 years. Market value based on quoted price: PHP518.914MM equivalent (2) Long position in an unrated floating rate note (6.25% current annual coupon) issued by a US corporate with face value equivalent of PHP260.000MM and next repricing 9 months after. Market value based on quoted price: PHP264.758MM equivalent (3) Long 10 futures contracts involving 5-year US Treasury Note (face value USD0.100MM per contract) for delivery 3 months after. Selected deliverable: US Treasury Note (coupon 6.375%) maturing 5.25 years, current price at 100.0625, conversion factor 0.9423. (4) Single currency interest rate swap with face value PHP975.000MM and residual maturity of 2.5 years, bank receives annual floating rate interest and pays fixed at 8% per annum. The current floating rate is fixed at 5.5% with next repricing after 6 months. (5) Long 10 futures contracts involving 3-month LIBOR interest rate (face value GBP6.500MM per contract) for delivery 6 months after. (6) An FRA sold on 6-month PHIBOR with nominal amount PHP130.000MM and settlement date 9 months after. (7) A GBP2.000MM 2 year cap written on GBP 6 month LIBOR at cap rate 8%, next repricing after 6 months and remaining maturity 2 years (i.e., the cap is written on the reporting date). (8) Forward foreign exchange position of EUR5.000MM (long) against PHP250.000MM equivalent maturing in 3 months. (9) Long 1000 shares of a US listed company with current market price of PHP715.000MM equivalent. (10) Long 50,000 shares of a Philippine listed company hedged by a long position in 25 put option contracts (each contract represents 1,000 shares) for the same share. The current market price for the share is PHP195.00 and the exercise price of all the option contracts is PHP214.50. (11) Short one Hang Seng Index Futures for delivery 3 months after, current index at 10,000. (12) Currency swap with residual maturity of 6 months. Bank receives USD19.500MM at 9.5% per annum and pays PHP975.000MM at 11% per annum. Treatments: (1) Report market value (PHP518.914MM) of the long position in Part I.1, item I.2 and Part I.2, USD ladder, 7 to 10 years time band. (2) Report market value (PHP264.758MM) of the long position in Part I.1, item 1.9 and Part I.2, USD ladder, 6 to 12 months time band. (3) Report selected Treasury Note (long position) in Part I.1, item I.2 and Part I.2, USD ladder, 5 to 7 year time band. Report the same amount in short position, 1 to 3 months time band. Assume spot exchange rate PHP50.00 Amount to be reported:
USD0.100MM x 10 x 100.0625%/0.9423 = USD1.062MM = P53.095MM
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(4) Report the fixed rate leg as a short 2.5-year bond in Part I.2, Peso ladder, 2 to 3 years time band. Report the floating rate leg as a long 6 months security in the 3 to 6 months time band. Assume the Peso zero coupon yields are as follows: Period 1M 3M 6M 1Y 2Y 3Y Zero Coupon (ZC) 5.31 5.63 5.81 6.16 6.69 7.07
PV of the floating leg (i.e. receive side) 1.055 = PHP975.000MM x --------------------------(1+0.0581 x 0.5) = PHP999.587MM (5) Report a long 9 months zero coupon security in Part I.2, GBP ladder, 6 to 12 months time band and a short 6 months zero coupon security in 3 to 6 months time band. Assume the GBP 6 months zero-coupon yield is 6.74% while the interpolated 9 months zero-coupon yield is 6.87%. Assume spot exchange rate is PHP75.00. Amount to be reported:
9 months= GBP65.000MM/(1+0.0687 x 0.75) = GBP65.000MM x 0.951 = PHP4,636.124MM equivalent 6 months= GBP65.000MM/(1+0.0674 x 0.5) = GBP65.000MM x 0.9674 = PHP4,716.069MM equivalent
(Zero coupon yields within 1 year can be taken as cash rates, i.e., PHIBOR, zero coupon yields beyond 1 year can be constructed from, say, swap rates.) Cash flows of Peso swap: 2 legs Pay fixed rate bond 8% of PHP975.000MM in 6 months 8% of PHP975.000MM in 18 months 108% of PHP975.000MM in 30 months Receive floating rate paper 105.5% of PHP975.000MM in 6 months Zero-coupon rates at 18 months can be obtained from the linear interpolation between the 1Y and 2Y zero coupon rates. ZC(18 months) = (6.16% + 6.69%)/2 = 6.425% Similarly, ZC(30 months) = (6.69% + 7.07%)/2 = 6.88% PV of the fixed leg (i.e., pay side)
= PHP975.000MM 0.08 0.08 + 1.08 x ------------------------- + -----------------------(1+0.0581x0.5) (1+0.06425)1.5 1.08 + ---------------------(1+0.0688)2.5
(6) Report a long 15 months zero coupon security in Part I.2, Peso ladder, 1.0 to 1.9 years time band and a short 9 months zero coupon security in 6 to 12 months time band. Calculations similar to (4) above,
ZC(15 months) = 6.16%+(6.69%-6.16%)x 0.25 = 6.2925%
15 months 9 months = PHP130.000MM(1+0.062925)1.25 = PHP121.000MM = PHP130.000MM x 0.957 = PHP124.410MM
= PHP1,038.479MM
(7) Report the cap as 3 written call options on 6-month FRA, i.e., 6 against 12, 12 against 18 and 18 against 24. (The rate for the first 6 months is already set on the reporting date, i.e., the option already expires.)
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Assume the delta ratios of the options are: 6 against 12 0.055 12 against 18 0.17 18 against 24 0.225 Assume the discounting factors are: 6 month 0.9674 12 month 0.9346 18 month 0.9009 24 month 0.8673 Assume spot exchange rate is PHP75.00 Report in Part I.2 GBP ladder: For the first option A long position in the 6 to 12 months time band = GBP2.000MM x 0.055 x 0.9346 = PHP7.710MM equivalent A short position in the 3 to 6 months time band = GBP2.000MM x 0.055 x 0.9674 = PHP7.981MM equivalent For the second option A long position in the 1.0 to 1.9 years time band = GBP2.000MM x 0.17 x 0.9009 = PHP22.973MM equivalent A short position in the 6 to 12 months time band = GBP2.000MM x 0.17 x 0.9346 = PHP23.832MM equivalent For the third option A long position in the 1.9 to 2.8 years time band = GBP2.000MM x 0.225 x 0.8673 = PHP29.271MM equivalent A short position in the 1.0 to 1.9 years time band = GBP2.000MM x 0.225 x 0.9009 = PHP30.405MM equivalent
(For simplicity, gamma and vega positions are not presented in this example.) (8) Report a long 3 months zero coupon security in Part I.2, EUR ladder, 1 to 3 months time band and a short 3 months zero coupon security in the Peso ladder, 1 to 3 months time band. Calculations similar to (4) above and assume 3 months EUR cash rate at 3.25% and spot exchange rate is PHP46.00. EUR = EUR5.000MM/(1 + 0.0325 x 0.25) = PHP228.146MM equivalent PHP = PHP250.000MM/(1+ 0.0563 x 0.25) = PHP246.530MM (For simplicity, Part III of the report is not presented in this example.) (9) Report market value in Part II, item 1 (US column). (10) Report as a long position the market value for 25,000 shares (PHP4.875MM) in Part II, Item 1 (Philippine column). Report 25,000 shares covered by put option in Part IV.1 (a), item 2 Amount to be reported = (25,000 x PHP195.00 x 16%) {25,000 x (PHP214.50 PHP195.00)] = PHP0.293MM (11) Report as a short position the market value for futures (HKD50.00 per index point) in Part II, item 5 (HKD column) and as a long position in Part I.2, HKD ladder, 1 to 3 months time band. Assume HKD to PHP exchange rate is PHP6.50. (12) Report the USD leg as a long 6month zero coupon security in Part I.2, USD ladder, 3 to 6 months time band. Report
APP. 46b 08.12.31
the PHP leg as a short 6-month zero coupon security in Part I.2, PHP ladder, 3 to 6 months time band. Assume the 6-month Peso and Dollar zero coupon yields are 5.81% and 4%, respectively, and the spot exchange rate is PHP50.00. Cash flows of currency swap: two legs Pay PHP 111% of PHP975.000MM in 6 months
PV of PHP leg = PHP975.000MM x (1.11) (1 + 0.0581 x 0.5) = PHP1,051.700MM Receive USD 109.5% of USD19.500MM in 6 months PV of USD leg = USD19.500MM x (1.095) (1 + 0.04 x 0.5) = PHP1,046.700MM equivalent
APP. 46c 08.12.31
INSTRUCTIONS FOR ACCOMPLISHING THE REPORT ON COMPUTATION OF THE ADJUSTED RISK-BASED CAPITAL ADEQUACY RATIO COVERING COMBINED CREDIT RISK AND MARKET RISK
(For Universal Banks and Commercial Banks with Expanded Derivatives Authority But Without Options Transactions) General Instructions 1. All universal banks and commercial banks are required to complete this Report both on a solo basis (i.e., head office plus branches) and on a consolidated basis (i.e., parent bank plus subsidiary financial allied undertakings, but excluding insurance companies). 2. The Report should be submitted as follows: (a) Solo report - within 15 banking days after the end of each reference quarter; and (b) Consolidated report - within 30 banking days after the end of each reference quarter. 3. Current market value should be used for reporting. For leveraged instruments where the apparent notional amount differs from the effective notional amount, the bank should use the effective notional amount in calculating the market value for reporting, e.g., a swap contract with a stated notional amount of PHP1.0 million, the terms of which call for a quarterly settlement of the difference between 5% and PHIBOR multiplied by 10 has an effective notional amount of PHP10.0 million. 4. Securities transactions are to be reported on a trade date basis. Definitions and Clarifications 5. Market risk is defined as the risk of losses in on- and off-balance sheet positions arising from movements in market prices. The risks subject to this reporting requirement are: (a) the risks pertaining to interest raterelated instruments and equities in the banks trading book; and (b) foreign exchange risk throughout the bank. The Report should include the reporting banks positions in on-balance sheet financial instruments and off-balance sheet derivatives, the latter being defined as financial contracts whose values depend on the values of one or more underlying assets or indices. 6. For the purpose of the Report, the trading book of a bank shall consist of: (a) its proprietary positions in financial instruments which are taken on with the intention of short-term resale or benefiting in the short term from actual or expected differences between the buying and selling prices or from other price or interest rate variations; (b) positions which arise from the execution of trade orders from customers and market making; and (c) positions taken in order to hedge other elements of the trading book. 7. The financial instruments referred to in the preceding paragraph include: (a) (i) transferable securities; (ii) units in collective investment undertakings; (b) certificates of deposit and other similar capital market instruments; (c) financial futures contracts;
Appendix 46c - Page 1
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(d) forward contracts including forward rate agreements; and (e) swaps 8. Banks are expected to have an established policy for allocating transactions (including internal deals) to the trading or non-trading (i.e., banking) book, as well as procedures to ensure compliance with such policy. There must be a clear audit trail at the time each transaction is entered into and the BSP will examine the adequacy of such policy and procedures and their consistent implementation when it is considered necessary. For this purpose, banks which engage in trading activities should submit to the BSP a policy statement covering: (a) the definition of trading activities; (b) the financial instruments which can be traded or used for hedging the trading book portfolio; and (c) the principles for transferring positions between the trading and the banking books. 9. In general, the BSP will have regard to the banks intention in entering into a particular transaction when determining whether such transaction should fall into the trading book. Transactions will likely be considered to carry a trading intent on the part of the bank if: (a) the positions arising from the transactions are marked to market on a daily basis as part of the internal risk management process; (b) the positions are not (or not intended to be) held to maturity; and (c) the positions satisfy other criteria the bank applies to its trading portfolio on a consistent basis. 10. Debt securities include both fixed-rate and floating-rate instruments, negotiable certificates of deposit, non-convertible preference shares, and also convertible bonds (i.e., debt issues or preference shares
that are convertible, at a stated price, into common shares of the issuer) which trade like debt securities. Debt related derivatives include bond futures. 11. Interest rate derivatives include all derivatives contracts and off-balance sheet instruments which react to changes in interest rates, e.g., interest rate futures, forward rate agreements (FRAs), interest rate and cross currency swaps, and forward foreign exchange positions. 12. Detailed offsetting rules applicable to the reporting of positions are set out in the relevant parts of Specific Instructions. These offsetting rules can be applied on both the solo and consolidated basis, provided that in the latter case there are no obstacles to the quick repatriation of profits from a foreign subsidiary to the Philippines and the bank performs daily management of risks on a consolidated basis. For this purpose, offsetting means the exclusion of matched positions of a bank from reporting and hence exclusion of such positions from the calculation of the adjusted capital adequacy ratio. 13. For avoidance of doubt, items that are deductible from the qualifying capital of the bank in the calculation of the risk-based capital adequacy ratio pursuant to Subsections X116.2.a to X116.2.c are excluded from market risk capital requirement. 14. In general, banks are only required to complete Parts I to III and V of the Report. Banks which have obtained the BSPs approval to adopt their internal value-at-risk (VaR) models to calculate their market risk capital charge (in all or individual risk categories) should complete Part IV (in lieu of Parts I to III). Where the internal model is used to calculate only selected risk categories, the capital charge for the risk
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categories measured under the internal models approach should be reported in Part IV while that for the other risk categories measured under the standardized approach should be reported in the relevant sections of Parts I to III. This combination of the standardized approach and the internal models approach is allowed on a transitional basis. Banks which adopt the internal models approach will not be permitted, save in exceptional circumstances, to revert to the standardized approach. Specific Instructions Part I Interest Rate Exposures 1. Debt securities and debt related derivatives specific risk 15. Report in this part the long and short positions in debt securities and debt derivatives (e.g., bond futures) in the trading book by category of the issuer. Offsetting will be allowed between long and short positions in identical issues (including positions in derivatives) with exactly the same issuer, coupon, currency and maturity. For items 1.4 to 1.7 of the Report, positions should be slotted into the appropriate time bands according to the residual maturities of the debt securities (or the underlying securities in case of debt derivatives). (Refer to examples (1) and (2) in Annex A). 16. A security, which is the subject of a repurchase agreement, will be treated as if it were still owned by the seller of the security, i.e., to be reported by the seller. This principle applies also in Part 1.2 of the Report. Commitments to buy and sell securities should be reported as long and short positions, respectively.
17. Foreign countries, foreign incorporated banks and Philippine incorporated banks/ QBs with the highest credit quality, as well as debt securities with the highest credit quality refer to ratees/debt securities given the minimum credit ratings as indicated below by any two of the following internationally accepted rating agencies: Rating Agency (a) Moodys (b) Standard and Poors (c) Fitch IBCA Credit Rating Aa3 and above AA- and above AA- and above
and such other recognized international rating agencies as may be approved by the Monetary Board. The ratings of domestic rating agencies may likewise be used for this purpose provided that such rating agencies meet the criteria to be prescribed by the Monetary Board. 18. Multilateral development banks refer to the World Bank Group comprised of the International Bank for Reconstruction and Development (IBRD) and the International Finance Corporation (IFC), the Asian Development Bank (ADB), the African Development Bank (AfDB), the European Bank for Reconstruction and Development (EBRD), the Inter-American Development Bank (IADB), the European Investment Bank (EIB); the Nordic Investment Bank (NIB); the Caribbean Development Bank (CDB), the Council of Europe Development Bank (CEDB) and such others as may be recognized by the BSP. 19. Non-central government public sector entities of a foreign country refer to entities which are regarded as such by a recognized banking supervisory authority in the country in which they are incorporated.
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2. Debt securities, debt related derivatives and interest rate derivatives general market risk 20. Report in this part the long and short trading book positions in debt securities and debt derivatives described above, as well as interest rate derivatives. Report also interest rate exposures arising from futures contracts and forward positions in equities. A Maturity Method is adopted for the reporting of these positions as detailed below. Banks that possess the necessary capability to calculate the duration and price sensitivity of each position separately and wish to adopt such a duration approach for reporting in this part may seek approval from BSP. 21. Positions should be reported separately for each currency, i.e., banks should use separate sheets (Part I.2 of the Report) to report positions of different currencies. The unadjusted market risk capital charge is then calculated for each currency according to procedures set out in paragraphs 31 to 34 with no offsetting between different currencies. 22. Under the Maturity Method, positions are slotted into the time bands of the maturity ladder (as shown in Part I.2 of the Report) by remaining maturity if fixed rate and by the period to the next repricing date if floating rate. (Refer to examples (1) and (2) in Annex A). Derivatives should be treated as combinations of long and short positions. The maturity of an interest rate future or a forward rate agreement will be the period until delivery or exercise of the contract, plus where applicable the life of the underlying instrument. For example, a long position in a June 3-month interest rate future taken in December is to be reported at end of December as a long position in a zero coupon government security in that particular currency with a maturity of 9 months and a short position in a zero
coupon government security with a maturity of 6 months. (Refer to examples (5) and (6) in Annex A). The market values of the two positions should be reported. For forward foreign exchange positions in the trading book, they should be treated as long and as short positions in a zero coupon government security of the 2 currencies with the same maturity as the forward contract. (Refer to example (7) in Annex A). 23. For a bond future, where a range of deliverable instruments may be delivered to fulfill the contract, the bank has flexibility to elect which deliverable security goes into the maturity ladder but should take account of any conversion factor defined by the exchange. A two-leg approach will be adopted similar to the above. A long bond future will be taken as a long position in a deliverable bond and a short position in a zero coupon security maturing at the futures delivery date. For example, a long futures contract on a 5 year fixed rate security with delivery 3 months from the reporting date will be reported as a long position in say, a 5.25 year security, i.e., a specific security which is within the range of deliverables under the futures contract (as opposed to a notional/theoretical security), and a short position in a 3 months zero coupon security. (Refer to example (3) in Annex A). The amount to be reported in the above example for both legs will be the contract face value divided by the relevant conversion factor and multiplied by the current cash price of the selected deliverable bond. A forward bond transaction (i.e., with a settlement period longer than the market norm) will be treated similarly, i.e., a long bond forward will be reported as long position in the bond and a short position in a zero coupon security up to the forward delivery date. The current market value (at spot price) of the bond should be reported.
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24. Swaps will be treated as two positions in securities with the relevant maturities. For example, an interest rate swap under which a bank is receiving floating rate interest and paying fixed will be treated as a long position in a floating rate instrument of maturity equivalent to the period until the next interest fixing and a short position in a fixed-rate instrument of maturity equivalent to the residual life of the swap. The market values of the 2 instruments should be reported. (Refer to example (4) in Annex A). For swaps that pay or receive a fixed or floating interest rate against some other reference price, e.g., an equity price, the interest rate component should be slotted into the appropriate maturity category, with the equity component being included in the equity framework. The separate legs of crosscurrency swaps are to be reported in the relevant maturity ladders for the currencies concerned. (Refer to example (10) in Annex A). 25. As with the reporting under Part I.1 of the Report, banks can offset long and short positions in identical instruments with exactly the same issuer, coupon, currency and maturity for general market risk purposes. Similarly, a matched position in a futures or forward contract and its underlying may be fully offset. However, the leg representing the time to expiry of the futures or forward contract should be reported. For example, a bank has a long position in a particular bond and sells forward (i.e., beyond the normal settlement period for the security) such a bond as at the reporting date. The long and short positions in the bond can be offset but a long position in a (notional) zero coupon security with maturity at the forward delivery date should be reported, at the current market value of the bond. Similarly, if the bank has a short position in a bond future and a long position in the underlying bond, such positions can
be offset. A long position up to the futures delivery date should, however, be reported. When the futures contract comprises a range of deliverable instruments, offsetting of positions in the futures contract and its underlying is only permissible in cases where there is a readily identifiable underlying security which is most profitable for the trader with a short position to deliver, i.e., the cheapest to deliver. This means that offsetting is only permitted between a short future and a long bond, not between a long future and a short bond; and the long bond must be the one that is cheapest to deliver. The amount to be reported for the remaining long position up to the futures contracts delivery date will be the face value of the contract divided by the relevant conversion factor and multiplied by the current spot price of the cheapest to deliver bond. 26. Opposite positions in the same category of derivatives instruments can in certain circumstances be regarded as matched and allowed to offset fully. The separate legs of different swaps may also be matched subject to the same conditions. To qualify for this treatment, the positions must relate to the same underlying instruments, be of the same nominal value and be denominated in the same currency. In addition: (a) for futures: offsetting positions in the notional or underlying instruments to which the futures contract relates must be for identical products and mature within 7 days of each other; (b) for swaps and forward rate agreements (FRAs): the reference rate (for floating rate positions) must be identical and the coupon closely matched (i.e., within 15 basis points); and (c) for swaps, FRAs and forwards: the next interest fixing date or, for fixed coupon positions or forwards, the residual maturity must correspond within the following limits: - if either of the instruments for offsetting has an interest fixing date or
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residual maturity up to 1 month, the interest fixing date or residual maturity must be the same for both instruments; - if either of the instruments for offsetting has an interest fixing date or residual maturity greater than 1 month and up to 1 year, those dates or residual maturities must be within 7 days of each other; and - if either of the instruments for offsetting has an interest fixing date or residual maturity over 1 year, those dates or residual maturities must be within 30 days of each other. For example, a bought and a sold FRA in the same currency with the same face value and settlement date as well as notional deposit maturity date can be offset against each other and excluded from reporting if the contract rates are within 15 basis points of each other. Similarly, opposite swap positions in the same currency with the same face value and reference dates can be offset if, say, the floating rate in both cases is 6 months PHIBOR and the fixed rates are within 15 basis points of each other. The positions can still be offset if the reference dates (i. e., the next interest fixing date or remaining maturity) of the opposite positions are different but within the range as set out in (c) above. Opposite bond futures can, for example, be offset against each other if the deliverable bonds are of the same type and mature within 7 days of each other. 27. Banks with the necessary expertise and systems may use alternative formulae (the so called pre-processing techniques) to calculate the positions to be included in the maturity ladder. This applies to all interest rate sensitive positions, arising from both physical and derivative instruments.
One method is to first convert the payments required under each transaction into their present values. For that purpose, each cash flow should be discounted using zerocoupon yields. A single net figure of all of the cash flows within each time band may be reported. Banks wishing to adopt this or other methods for reporting should seek the BSPs prior approval. The pre-processing models would be subject to review by the BSP. Calculation of capital charges for interest rate exposures reported in Part I 28. The unadjusted minimum capital requirement is expressed in terms of two separately calculated charges, one applying to the specific risk of each trading book position in debt securities or debt derivatives, whether it is a short or long position, and the other to the overall interest rate risk in the trading book portfolio (termed general market risk) where long and short positions in different securities or derivatives can be offset subject to certain disallowances. Specific risk 29. The unadjusted specific risk charge is graduated into five broad categories by types of issuer, as follows:
Government and multilateral development banks* 0.00% Qualifying** 0.25% (residual maturity of 6 months or less) 1.00% (residual maturity of over 6 months to 24 months) 1.60% (residual maturity of over 24 months) LGU bonds*** 4.00% Others 8.00%
Government and multilateral development banks refers to the issuers as described under items 1.1 and 1.3 in Part I.1 of the Report. ** Qualifying refers to the issuers/issues as described under items 1.4 to 1.7 in Part I.1 of the Report. *** LGU bonds refers to bonds issued by local government units (LGUs), covered by Deed of Assignment of Internal Revenue Allotment of the LGU and guaranteed by LGU Guarantee Corporation.
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30. Interest rate and currency swaps, FRAs, forward foreign exchange contracts and interest rate futures will not be subject to a specific risk charge. In the case of futures contracts where the underlying is a debt security, a specific risk charge will apply according to the issuer (and the remaining maturity) as set out in the above paragraph. General market risk 31. General market risk applies to positions in all debt securities, debt derivatives and interest rate derivatives, subject only to an exemption for fully or very closely matched positions in identical instruments as described in paragraphs 25 to 26 above. The unadjusted capital charge is the sum of the following components: (a) the net short or long weighted position in the whole trading book; (b) a small proportion of the matched positions in each time band (the vertical disallowance); and (c) a larger proportion of the matched positions across different time-bands (the horizontal disallowance). 32. In the maturity ladder, first calculate the weighted positions by multiplying the positions reported in each time band by a risk-factor according to the following table:
Table 1 Maturity method: time bands and weights Coupon 3% or more 1 month or less Over 1 month to 3 months Over 3 months to 6 months Over 6 months to 12 months Over 1 year to 2 years Coupon less than 3% 1 month or less Over 1 month to 3 months Over 3 months to 6 months Over 6 months to 12 months Over 1.0 year to 1.9 years Risk Weight 0.00% 0.20% 0.40% 0.70% 1.25%
Over 2 years to 3 years Over 3 years to 4 years Over 4 years to 5 years Over 5 years to 7 years Over 7 years to 10 years Over 10 years to 15 years Over 15 years to 20 years Over 20 years
Over 1.9 years to 2.8 years Over 2.8 years to 3.6 years Over 3.6 years to 4.3 years Over 4.3 years to 5.7 years Over 5.7 years to 7.3 years Over 7.3 years to 9.3 years Over 9.3 years to 10.6 years Over 10.6 years to 12 years Over 12 years to 20 years Over 20 years
1.75% 2.25% 2.75% 3.25% 3.75% 4.50% 5.25% 6.00% 8.00% 12.50%
33. The weighted longs and shorts in each time band will be offset resulting in a single short or long position for each band. A 10% capital charge (vertical disallowance) will be levied on the smaller of the offsetting positions, be it long or short. Thus, if the sum of the weighted longs in a time band is P100.0 million and the sum of the weighted shorts is P90.0 million, the vertical disallowance would be 10% of P90.0 million (i.e., P9.0 million). 34. Two rounds of horizontal offsetting will then be conducted, first between the net positions in each of 3 zones (zero to 1 year, over 1 year to 4 years and over 4 years), and subsequently between the net positions in the 3 different zones. The offsetting will be subject to a scale of disallowances expressed as a fraction of the matched positions, as set out in Table 2 below. The weighted long and short positions in each of 3 zones may be offset, subject to the matched portion attracting a disallowance factor that is part of the capital charge. The residual net position in each zone may be carried over and offset against opposite positions in other zones, subject to a second set of disallowance factors.
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Table 2 Horizontal disallowance Zones Time-band Within Between Between the adjacent zones 1 zone zones and 3
stock indices. Long and short positions in the same issue may be reported on a net basis. 36. The positions are to be reported on a market-by-market basis, i.e., under separate columns to indicate the exchange where the reported equities are listed/ traded. For foreign markets, banks should indicate the country where the market is located. (Refer to example (8) in Annex A) Equities with listing in more than one market should be reported as positions in the market of their primary listing. 37. Equity derivatives are to be converted into positions in the relevant underlying. Futures and forward contracts relating to an individual equity should be reported at current market values. Futures relating to equity indices can be reported either as the current index value times the monetary value of one index point set by the exchange, i.e., the tick value, or the marked-to-market value of the notional underlying equity portfolio. (Refer to example (9) in Annex A). 38. Matched positions in each identical equity or index (same delivery months) in each market may be fully offset, resulting in a single net short or long position. A future in a given equity may be offset against an opposite cash position in the same equity but the interest rate exposure arising out of the equity futures should be reported in Part I. For example, a short futures contract on a specific stock with delivery 3 months from the reporting date can be offset against a long position in the underlying stock. However, the interest rate exposure arising out of the equity futures should be reported as a long position in the 1 to 3 months time band of the stock denominated currency in Part I.
1 month or less Zone 1 Over 1 month to 3 months Over 3 months to 40% 6 months Over 6 months to 12 months Over 1 year to 2 years Zone 2 Over 2 years to 3 30% years Over 3 years to 4 years Over 4 years to 5 years Over 5 years to 7 years Zone 3 Over 7 years to 10 years Over 10 years 30% to15 years Over 15 years to 20 years Over 20 years
40%
100% 40%
Part II Equity Exposures 35. Report in this part the long and short positions in equities and equity derivatives in the trading book, including instruments that exhibit market behavior similar to equities. The instruments covered include common stock (whether voting or non-voting), convertible bonds (i.e., debt issues or preference shares that are convertible, at a stated price, into common shares of the issuer) which trade like equities and commitments to buy or sell equity securities. For non-convertible preference shares and those convertible bonds which trade like debt securities, they should be reported under Part I. Equity derivatives include forwards, futures and swaps on both individual equities and or
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The position should be reported as the current market value of the stock. 39. An equity swap obligates a bank to receive an amount based on the change in value of a particular equity or equity index and also to pay an amount based on the change in value of a different equity or equity index. Accordingly, the receipt side and the payment side of an equity swap contract should be reported as a long and a short position, respectively. For an equity swap contract which involves a leg relating to a financial instrument other than equities or equity derivatives, for example, receiving/paying a fixed or floating interest rate, the exposure should be slotted into the appropriate maturity band in Part I. Where equities are part of a forward contract (equities to be received or to be delivered), any interest rate exposure from the other leg of the contract should be reported in Part I. The treatment is similar to that set out in paragraph 38. The same arrangement applies for index futures. (Refer to example (9) in Annex A). 40. As with interest rate exposures, the capital charge is levied to separately cover both the specific risk and the general market risk. Calculation is done on an individual market basis. The unadjusted capital charge for specific risk will be 8% on the gross (i.e., long plus short) positions. The unadjusted general market risk charge will be 8% on the net position. Net long and short positions in different markets cannot be offset for the purpose of calculating general market risk charge. Part III Foreign Exchange Exposures 41. Report in this part the amount in US dollars (USD) of net long or net short
position in each currency. In addition, structural positions taken deliberately to hedge against the effects of exchange rate movements on the capital adequacy of the reporting bank may be excluded. This should be cleared with the BSP prior to reporting. 42. Net long/(short) position shall refer to FX assets (excluding FX items allowed under existing regulations to be excluded from FX assets in the computation of a banks net FX position limits) less FX liabilities (excluding FX items allowed under existing regulations to be excluded from FX liabilities in the computation of a banks net FX position limits), plus contingent FX assets less contingent FX liabilities. 43. Banks which base their normal management accounting of forward currency positions on net present values shall use the net present values of each position, discounted using current interest rates, for measuring their positions. Otherwise, forward currency positions shall be measured based on notional amount. 44. The total USD amount of net long or net short position in each currency should then be converted at spot rates into Philippine peso. The overall net open position is the greater of the absolute value of the sum of net long position or sum of net short position. 45. The unadjusted capital charge will be 8% of the overall net open position. Part IV Internal Models Approach 46. Only those banks which have obtained the BSPs approval to adopt their internal value-at-risk (VaR) models to
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calculate their market risk capital charges in lieu of the standardized methodology are required to report in this part. 1. Value-at-risk results 47. Report in this part the value-at-risk (VaR) results as at the last trading day of the reference quarter in column (a) and the average VaR over the most recent 60 trading days of the reference quarter in column (b), both for each individual market risk category using internal models approach, i.e., item 1.1 to 1.3, and for the aggregate of these risk categories, i.e., item 1.4. 48. Provided that the BSP is satisfied with the banks system for measuring correlations, recognition of empirical correlations across broad risk categories (e.g., interest rates, equity prices and exchange rates) may be allowed. The VaR for the aggregate of all risk categories will therefore not necessarily be equal to an arithmetic sum of the VaR for the individual risk category. 49. Report also in this part the number of backtesting exceptions for the past 250 trading days (from the reference quarter-end going backwards), based on: - actual daily changes in portfolio value, in item 1.4. column (c), and - hypothetical changes in portfolio value that would occur were end-of-day positions to remain unchanged during the 1 day holding period, in item 1.4 column (d), for the aggregate of the broad risk categories. 50. The multiplication factor to be reported in item 1.4 column (e) is the summation of the following 3 elements: (a) the minimum multiplication factor of 3; (b) the plus factor ranging from 0 to 1 based on the number of backtesting exceptions (i.e., the larger of item 1.4 column (c) or item
1.4 column (d)) for the past 250 trading days as set out in Table 3 below: and (c) any additional plus factor as may be prescribed by the BSP.
Table 3 Plus factor based on the number of backtesting exceptions for the past 250 trading days
Zone Number of exceptions Plus factor 0 1 2 3 4 5 6 7 8 9 10 or more 0.00 0.00 0.00 0.00 0.00 0.40 0.50 0.65 0.75 0.85 1.00
Green zone Yellow zone
Red zone
51. Capital charge for general market risk calculated by internal models reported in item 1.6 is larger of: (a) Item 1.4 column (a), i.e., VaR for the aggregate of all risk categories, as at the last trading day of the reference quarter; or (b) Item 1.5, i.e., the average VaR for the last 60 trading days of the reference quarter (item 1.4 column (b)) times the multiplication factor (item 1.4 column (e)) set out in paragraph 50 above. 2. Specific risk 52. Capital charge for the specific risk of debt securities and other debt related derivatives, and equities and equity derivatives is to be reported using either of the following two methods: (a) For banks which incorporate the specific risk into their models, report the capital charge for the total specific risk calculated by the models in item 1.7 of Part IV.1; or (b) For banks which do not incorporate the specific risk into their models, report the specific risk of debt securities and other
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debt related derivatives in Part I.1 according to the instructions in paragraphs 15-19 and 29-30. For equities and equity derivatives, report the specific risk in Part II according to the instructions in paragraphs 35 to 40. 3. Largest daily losses over the quarter 53. Report in this part in descending order (i.e., the largest loss first) the 5 largest daily losses over the reference quarter and their respective VaRs for the risk exposures which are measured by the internal models approach. If the number of daily losses during the quarter is less than 5, report only all such daily losses. Part V Adjusted Capital Adequacy Ratio 54. The market risk capital charges should be aggregated and converted to a market risk-weighted exposure. The total market risk capital charges is the sum of the capital charges for individual market risk categories computed using either (a) the standardized approach, or (b) the internal models approach. The total capital charges for individual market risk categories using the
standardized approach should be multiplied by 125% (to be consistent with the higher capital charge for credit risk, i.e., 10% as opposed to the BIS recommended 8%.) 55. The total market risk-weighted exposures is computed by multiplying the total market risk capital charges by 10. (The multiplier 10 is the reciprocal of the BSP required minimum capital ratio for credit risk of 10%.) The qualifying capital and total credit risk weighted exposures are extracted from Part V.A and Part V.B, respectively, of the Report on the Computation of Risk-Based Capital Adequacy Ratio covering credit risk. 56. For on-balance-sheet debt securities and equities in the trading book included in Parts I, II and IV of this Report, the credit riskweighted exposures reported in Part II of the Report on the Computation of the Risk-Based Capital Adequacy Ratio covering credit risk should be excluded in calculating the adjusted ratio covering combined credit risk and market risk. The market risk capital charges for these positions calculated in this Report cover all the capital requirements for absorbing potential losses arising from carrying such positions.
APP. 46c 08.12.31
Annex A Suppose as at 31 December, 200X, ABC Bank Corporation has the following trading book positions: (1) Long position in US Treasury Bond (7.5% annual coupon) with face value equivalent to PHP507.000MM and residual maturity of 8 years. Market value based on quoted price: PHP518.914MM equivalent (2) Long position in an unrated floating rate note (6.25% current annual coupon) issued by a US corporate with face value equivalent of PHP260.000MM and next repricing 9 months after. Market value based on quoted price: PHP264.758MM equivalent (3) Long 10 futures contracts involving 5year US Treasury Note (face value USD0.100MM per contract) for delivery 3 months after. Selected deliverable: US Treasury Note (coupon 6.375%) maturing 5.25 years, current price at 100.0625, conversion factor 0.9423. (4) Single currency interest rate swap with face value PHP975.000MM and residual maturity of 2.5 years, bank receives annual floating rate interest and pays fixed at 8% per annum. The current floating rate is fixed at 5.5% with next repricing after 6 months. (5) Long 10 futures contracts involving 3month LIBOR interest rate (face value GBP6.500MM per contract) for delivery 6 months after. (6) An FRA sold on 6-month PHIBOR with nominal amount PHP130.000MM and settlement date 9 months after. (7) Forward foreign exchange position of EUR5.000MM (long) against PHP250.000MM equivalent maturing in 3 months. (8) Long 1000 shares of a US listed company with current market price of PHP715.000MM equivalent. (9) Short one Hang Seng Index Futures for delivery 3 months after, current index at 10,000. (10) Currency swap with residual maturity of 6 months. Bank receives USD19.500MM at 9.5% per annum and pays PHP975.000MM at 11% per annum. Treatments: (1) Report market value (PHP518.914MM) of the long position in Part I.1, item I.2 and Part I.2, USD ladder, 7 to 10 years time band. (2) Report market value (PHP264.758MM) of the long position in Part I.1, item 1.9 and Part I.2, USD ladder, 6 to 12 months time band. (3) Report selected Treasury Note (long position) in Part I.1, item I.2 and Part I.2, USD ladder, 5 to 7 year time band. Report the same amount in short position, 1 to 3 months time band. Assume spot exchange rate PHP50.00 Amount to be reported:
USD0.100MM x 10 x 100.0625%/0.9423 = USD1.062MM =P53.095MM
(4) Report the fixed rate leg as a short 2.5year bond in Part I.2, Peso ladder, 2 to 3
APP. 46c 08.12.31
years time band. Report the floating rate leg as a long 6 months security in the 3 to 6 months time band. Assume the Peso zero coupon yields are as follows: Period 1M 3M 6M 1Y 2Y 3Y Zero Coupon (ZC) 5.31 5.63 5.81 6.16 6.69 7.07
PV of the floating leg (i.e. receive side)

= PhP975.000MM x = PHP999.587MM 1.055 (1+0.0581 x 0.5)
(5) Report a long 9 months zero coupon security in Part I.2, GBP ladder, 6 to 12 months time band and a short 6 months zero coupon security in 3 to 6 months time band. Assume the GBP 6 months zero-coupon yield is 6.74% while the interpolated 9 months zero-coupon yield is 6.87%. Assume spot exchange rate is PHP75.00. Amount to be reported:
9 months = GBP65.000MM/(1+0.0687 x 0.75) = GBP65.000MM x 0.951 = PHP4,636.124MM equivalent 6 months = GBP65.000MM/(1+0.0674 x 0.5) = GBP65.000MM x 0.9674 = PHP4,716.069MM equivalent
(Zero coupon yields within 1 year can be taken as cash rates, i.e., PHIBOR, zero coupon yields beyond 1 year can be constructed from, say, swap rates.) Cash flows of Peso swap: 2 legs Pay fixed rate bond 8% of PHP975.000MM in 6 months 8% of PHP975.000MM in 18 months 108% of PHP975.000MM in 30 months Receive floating rate paper 105.5% of PHP975.000MM in 6 months Zero-coupon rates at 18 months can be obtained from the linear interpolation between the 1Y and 2Y zero coupon rates.
ZC(18 months) = (6.16% + 6.69%)/2 = 6.425%
(6) Report a long 15 months zero coupon security in Part I.2, Peso ladder, 1.0 to 1.9 years time band and a short 9 months zero coupon security in 6 to 12 months time band.
Calculations similar to (4) above, ZC(15 months) = 6.16%+(6.69% - 6.16%) x 0.25 = 6.2925% 15 months = PHP130.000MM/(1+0.062925)1.25 = PHP121.000MM 9 months = PHP130.000MM x 0.957 = PHP124.410MM
Similarly,
ZC(30 months) = (6.69% + 7.07%)/2 = 6.88%
PV of the fixed leg (i.e., pay side)

0.08 0.08 = PhP975.000MM x -----------------------+ ----------------------(1+0.0581x0.5) (1+0.06425)1.5 1.08 + --------------------(1+0.0688)2.5
= PHP1,038.479MM
(7) Report a long 3 months zero coupon security in Part I.2, EUR ladder, 1 to 3 months time band and a short 3 months zero coupon security in the Peso ladder, 1 to 3 months time band.
APP. 46c 08.12.31
Calculations similar to (4) above and assume 3 months EUR cash rate at 3.25% and spot exchange rate is PHP46.00.
EUR = EUR5.000MM/(1 + 0.0325 x 0.25) = PHP228.146MM equivalent PhP = PHP250.000MM/(1+ 0.0563 x 0.25) = PHP246.530MM
Assume the 6-month Peso and Dollar zero coupon yields are 5.81% and 4%, respectively, and the spot exchange rate is PHP50.00. Cash flows of currency swap: two legs Pay PHP 111% of PHP975.000MM in 6 months PV of PHP leg =
PHP975.000MM x (1.11) (1 + 0.0581 x 0.5)
(For simplicity, Part III of the report is not presented in this example.) (8) Report market value in Part II, item 1 (US column). (9) Report as a short position the market value for futures (HKD50.00 per index point) in Part II, item 5 (HKD column) and as a long position in Part I.2, HKD ladder,1 to 3 months time band. Assume HKD to PHP exchange rate is PHP6.50. (10)Report the USD leg as a long 6-month zero coupon security in Part I.2, USD ladder, 3 to 6 months time band. Report the PHP leg as a short 6-month zero coupon security in Part I.2, PHP ladder, 3 to 6 months time band.
= PHP1,051.700MM
Receive USD
109.5% of USD19.500MM in 6 months
PV of USD leg =
USD19.500MM x (1.095) (1 + 0.04 x 0.5)
= PHP1,046.700MM equivalent
(For simplicity, Part III of the report is not presented in this example.)
APP. 46d 08.12.31
INSTRUCTIONS FOR ACCOMPLISHING THE REPORT ON COMPUTATION OF THE ADJUSTED RISK-BASED CAPITAL ADEQUACY RATIO COVERING COMBINED CREDIT RISK AND MARKET RISK (For Universal Banks and Commercial Banks Without Expanded Derivatives Authority)
General Instructions 1. All universal banks and commercial banks are required to complete this Report both on a solo basis (i.e., head office plus branches) and on a consolidated basis (i.e., parent bank plus subsidiary financial allied undertakings, but excluding insurance companies). 2. The Report should be submitted as follows: (a) Solo report - within 15 banking days after the end of each reference quarter; and (b) Consolidated report - within 30 banking days after the end of each reference quarter. 3. Current market value should be used for reporting. For leveraged instruments where the apparent notional amount differs from the effective notional amount, the bank should use the effective notional amount in calculating the market value for reporting, e.g., a swap contract with a stated notional amount of PhP1.0 million, the terms of which call for a quarterly settlement of the difference between 5% and PHIBOR multiplied by 10 has an effective notional amount of PhP10.0 million. 4. Securities transactions are to be reported on a trade date basis. Definitions and Clarifications 5. Market risk is defined as the risk of losses in on- and off-balance sheet positions arising from movements in market prices. The risks subject to this reporting requirement are: (a) the risks pertaining to interest raterelated instruments and equities in the banks trading book; and (b) foreign exchange risk throughout the bank. The Report should include the reporting banks positions in on-balance sheet financial instruments and off-balance sheet derivatives, the latter being defined as financial contracts whose values depend on the values of one or more underlying assets or indices. 6. For the purpose of the Report, the trading book of a bank shall consist of: (a) its proprietary positions in financial instruments which are taken on with the intention of short-term resale or benefiting in the short term from actual or expected differences between the buying and selling prices or from other price or interest rate variations; (b) positions which arise from the execution of trade orders from customers and market making; and (c) positions taken in order to hedge other elements of the trading book. 7. The financial instruments referred to in the preceding paragraph include: (a) (i) transferable securities; (ii) units in collective investment undertakings; (b) certificates of deposit and other similar capital market instruments; (c) currency forwards with tenor of one (1) year or less; and
Appendix 46d - Page 1
APP. 46d 08.12.31
(d) currency swaps with tenor of one (1) year or less and which for this purpose refer to the simultaneous buying and selling of a currency in approximately equal amounts for different maturity dates with the same party. 8. Banks are expected to have an established policy for allocating transactions (including internal deals) to the trading or non-trading (i.e., banking) book, as well as procedures to ensure compliance with such policy. There must be a clear audit trail at the time each transaction is entered into and the BSP will examine the adequacy of such policy and procedures and their consistent implementation when it is considered necessary. For this purpose, banks which engage in trading activities should submit to the BSP a policy statement covering: (a) the definition of trading activities; (b) the financial instruments which can be traded or used for hedging the trading book portfolio; and (c) the principles for transferring positions between the trading and the banking books. 9. In general, the BSP will have regard to the banks intention in entering into a particular transaction when determining whether such transaction should fall into the trading book. Transactions will likely be considered to carry a trading intent on the part of the bank if: (a) the positions arising from the transactions are marked to market on a daily basis as part of the internal risk management process; (b) the positions are not (or not intended to be) held to maturity; and (c) the positions satisfy other criteria the bank applies to its trading portfolio on a consistent basis. 10. Debt securities include both fixed-rate and floating-rate instruments, negotiable certificates of deposit, non-convertible preference shares, and also convertible
bonds (i.e., debt issues or preference shares that are convertible, at a stated price, into common shares of the issuer) which trade like debt securities. 11. Detailed offsetting rules applicable to the reporting of positions are set out in the relevant parts of Specific Instructions. These offsetting rules can be applied on both the solo and consolidated basis, provided that in the latter case there are no obstacles to the quick repatriation of profits from a foreign subsidiary to the Philippines and the bank performs daily management of risks on a consolidated basis. For this purpose, offsetting means the exclusion of matched positions of a bank from reporting and hence exclusion of such positions from the calculation of the adjusted capital adequacy ratio. 12. For avoidance of doubt, items that are deductible from the qualifying capital of the bank in the calculation of the risk-based capital adequacy ratio pursuant to Subsections X116.2.a to X116.2.c are excluded from market risk capital requirement. 13. In general, banks are only required to complete Parts I to III and V of the Report. Banks which have obtained the BSPs approval to adopt their internal value-at-risk (VaR) models to calculate their market risk capital charge (in all or individual risk categories) should complete Part IV (in lieu of Parts I to III). Where the internal model is used to calculate only selected risk categories, the capital charge for the risk categories measured under the internal models approach should be reported in Part IV while that for the other risk categories measured under the standardized approach should be reported in the relevant sections of Parts I to III. This combination of the standardized approach and the internal models approach is allowed on a transitional basis. Banks which adopt the internal
APP. 46d 08.12.31
models approach will not be permitted, save in exceptional circumstances, to revert to the standardized approach. Specific Instructions Part I Interest Rate Exposures 1. Debt securities specific risk 14. Report in this part the long and short positions in debt securities in the trading book by category of the issuer. Offsetting will be allowed between long and short positions in identical issues with exactly the same issuer, coupon, currency and maturity. For items 1.4 to 1.7 of the Report, positions should be slotted into the appropriate time bands according to the residual maturities of the debt securities. (Refer to examples (1) and (2) in Annex A). 15. A security, which is the subject of a repurchase agreement, will be treated as if it were still owned by the seller of the security, i.e., to be reported by the seller. This principle applies also in Part 1.2 of the Report. 16. Foreign countries, foreign incorporated banks and Philippine incorporated banks/ QBs with the highest credit quality, as well as debt securities with the highest credit quality refer to ratees/debt securities given the minimum credit ratings as indicated below by any two of the following internationally accepted rating agencies:
Rating Agency (a) Moodys (b) Standard and Poor's (b) Fitch IBCA Credit Rating Aa3 and above AA- and above AA- and above
that such rating agencies meet the criteria to be prescribed by the Monetary Board. 17. Multilateral development banks refer to the World Bank Group comprised of the International Bank for Reconstruction and Development (IBRD) and the International Finance Corporation (IFC), the Asian Development Bank (ADB), the African Development Bank (AfDB), the European Bank for Reconstruction and Development (EBRD), the Inter-American Development Bank (IADB), the European Investment Bank (EIB); the Nordic Investment Bank (NIB); the Caribbean Development Bank (CDB), the Council of Europe Development Bank (CEDB) and such others as may be recognized by the BSP. 18. Non-central government public sector entities of a foreign country refer to entities which are regarded as such by a recognized banking supervisory authority in the country in which they are incorporated. 2. Debt securities general market risk 19. Report in this part the long and short trading book positions in debt securities and forward foreign exchange positions. A Maturity Method is adopted for the reporting of these positions as detailed below. Banks that possess the necessary capability to calculate the duration and price sensitivity of each position separately and wish to adopt such a duration approach for reporting in this part may seek approval from BSP. 20. Positions should be reported separately for each currency, i.e., banks should use separate sheets (Part I.2 of the Report) to report positions of different currencies. The unadjusted market risk capital charge is then calculated for each currency according to procedures set out in paragraphs 28 to 31 with no offsetting between different currencies.
and such other recognized international rating agencies as may be approved by the Monetary Board. The ratings of domestic rating agencies may likewise be used for this purpose provided
APP. 46d 08.12.31
21. Under the Maturity Method, positions are slotted into the time bands of the maturity ladder (as shown in Part I.2 of the Report) by remaining maturity if fixed rate and by the period to the next repricing date if floating rate. (Refer to examples (1) and (2) in Annex A). For forward foreign exchange positions in the trading book, they should be treated as long and as short positions in a zero coupon government security of the 2 currencies with the same maturity as the forward contract. (Refer to example (3) in Annex A). 22. As with the reporting under Part I.1 of the Report, banks can offset long and short positions in identical instruments with exactly the same issuer, coupon, currency and maturity for general market risk purposes. 23. Opposite forward foreign exchange positions can in certain circumstances be regarded as matched and allowed to offset fully. The separate legs of different currency swaps may also be matched subject to the same conditions. To qualify for this treatment, the positions must relate to the same underlying currency and be of the same nominal value. In addition, the residual maturity must correspond within the following limits: if either of the instruments for offsetting has a residual maturity up to 1 month, the residual maturity must be the same for both instruments; and if either of the instruments for offsetting has a residual maturity greater than 1 month and up to 1 year, those residual maturities must be within 7 days of each other. 24. Banks with the necessary expertise and systems may use alternative formulae (the so called pre-processing techniques) to calculate the positions to be included in the maturity ladder. This applies to all interest rate sensitive positions, arising from physical
instruments and currency forwards and swaps. One method is to first convert the payments required under each transaction into their present values. For that purpose, each cash flow should be discounted using zero-coupon yields. A single net figure of all of the cash flows within each time band may be reported. Banks wishing to adopt this or other methods for reporting should seek the BSPs prior approval. The pre-processing models would be subject to review by the BSP. Calculation of capital charges for interest rate exposures reported in Part I 25. The unadjusted minimum capital requirement is expressed in terms of two separately calculated charges, one applying to the specific risk of each trading book position in debt securities, whether it is a short or long position, and the other to the overall interest rate risk in the trading book portfolio (termed general market risk) where long and short positions in different securities and currency forwards and swaps can be offset subject to certain disallowances. Specific risk 26. The unadjusted specific risk charge is graduated into five broad categories by types of issuer, as follows:
Government and multilateral development 0.00% 0.25% (residual maturity of 6 banks* months or less) Qualifying** 1.00% (residual maturity of over 6 months to 24 months) 1.60% (residual maturity of over 24 months) 4.00% LGU bonds*** 8.00% Others
Government and multilateral development banks refers to the issuers as described under items 1.1 and 1.3 in Part I.1 of the Report. ** Qualifying refers to the issuers/issues as described under items 1.4 to 1.7 in Part I.1 of the Report. *** LGU bonds refers to bonds issued by local government units (LGUs), covered by Deed of Assignment of Internal Revenue Allotment of the LGU and guaranteed by LGU Guarantee Corporation.
APP. 46d 08.12.31
27. Currency swaps and forward foreign exchange contracts will not be subject to a specific risk charge. General market risk 28. General market risk applies to positions in all debt securities and currency forwards and swaps subject only to an exemption for fully or very closely matched positions in identical instruments as described in paragraphs 22 to 23 above. The unadjusted capital charge is the sum of the following components: (a) the net short or long weighted position in the whole trading book; (b) a small proportion of the matched positions in each time band (the vertical disallowance); and (c) a larger proportion of the matched positions across different time-bands (the horizontal disallowance). 29. In the maturity ladder, first calculate the weighted positions by multiplying the positions reported in each time band by a risk-factor according to the following table:
Table 1 Maturity method: time bands and weights Coupon 3% or more 1 month or less Over 1 month to 3 months Over 3 months to 6 months Over 6 months to 12 months Over 1 year to 2 years Over 2 years to 3 years Coupon less than 3% 1 month or less Over 1 month to 3 months Over 3 months to 6 months Over 6 months to 12 months Over 1.0 year to 1.9 years Over 1.9 years to 2.8 years Risk weight 0.00% 0.20% 0.40% 0.70% 1.25% 1.75%
Over 3 years to 4 years Over 4 years to 5 years Over 5 years to 7 years Over 7 years to 10 years Over 10 years to 15 years Over 15 years to 20 years
Over 2.8 years to 3.6 years Over 3.6 years to 4.3 years Over 4.3 years to 5.7 years Over 5.7 years to 7.3 years Over 7.3 years to 9.3 years Over 9.3 years to 10.6 years Over 10.6 years to 12 years Over 12 years to 20 years Over 20 years
2.25% 2.75% 3.25% 3.75% 4.50% 5.25% 6.00% 8.00% 12.50%
30. The weighted longs and shorts in each time band will be offset resulting in a single short or long position for each band. A 10% capital charge (vertical disallowance) will be levied on the smaller of the offsetting positions, be it long or short. Thus, if the sum of the weighted longs in a time band is P100.0 million and the sum of the weighted shorts is PhP90.0 million, the vertical disallowance would be 10% of PhP90.0 million (i.e., PhP9.0 million). 31. Two rounds of horizontal offsetting will then be conducted, first between the net positions in each of 3 zones (zero to 1 year, over 1 year to 4 years and over 4 years), and subsequently between the net positions in the 3 different zones. The offsetting will be subject to a scale of disallowances expressed as a fraction of the matched positions, as set out in Table 2 below. The weighted long and short positions in each of 3 zones may be offset, subject to the matched portion attracting a disallowance factor that is part of the capital charge. The residual net position in each zone may be carried over and offset against opposite positions in other zones, subject to a second set of disallowance factors.
APP. 46d 08.12.31

Table 2 Horizontal disallowances Within Between Between the adjacent zones 1 and 3 zone zones
securities, they should be reported under Part I. Long and short positions in the same issue may be reported on a net basis. 33. The positions are to be reported on a market-by-market basis, i.e., under separate columns to indicate the exchange where the reported equities are listed/traded. For foreign markets, banks should indicate the country where the market is located. (Refer to example (4) in Annex A) Equities with listing in more than one market should be reported as positions in the market of their primary listing. 34. Matched positions in each identical equity in each market may be fully offset, resulting in a single net short or long position. 35. As with interest rate exposures, the capital charge is levied to separately cover both the specific risk and the general market risk. Calculation is done on an individual market basis. The unadjusted capital charge for specific risk will be 8% on the gross (i.e., long plus short) positions. The unadjusted general market risk charge will be 8% on the net position. Net long and short positions in different markets cannot be offset for the purpose of calculating general market risk charge. Part III Foreign Exchange Exposures 36. Report in this part the amount in US dollars (USD) of net long or net short position in each currency. In addition, structural positions taken deliberately to hedge against the effects of exchange rate movements on the capital adequacy of the reporting bank may be excluded. This should be cleared with the BSP prior to reporting.
Time-band 1 month or less Over 1 Zone 1 month to 3 months Over 3 months to 6 months Over 6 months to 12 months Over 1 year Zone 2 to 2 years Over 2 years to 3 years Over 3 years to 4 years Over 4 years to 5 years Over 5 years to 7 years Over 7 years to 10 years Zone 3 Over 10 years to 15 years Over 15 years to 20 years Over 20 years
Zones
40% 40%
30% 100% 40%
30%
Part II Equity Exposures 32. Report in this part the long and short positions in equities in the trading book, including instruments that exhibit market behavior similar to equities. The instruments covered include common stock (whether voting or non-voting), and convertible bonds (i.e., debt issues or preference shares that are convertible, at a stated price, into common shares of the issuer) which trade like equities. For nonconvertible preference shares and those convertible bonds which trade like debt
APP. 46d 08.12.31
37. Net long/(short) position shall refer to FX assets (excluding FX items allowed under existing regulations to be excluded from FX assets in the computation of a banks net FX position limits) less FX liabilities (excluding FX items allowed under existing regulations to be excluded from FX liabilities in the computation of a banks net FX position limits), plus contingent FX assets less contingent FX liabilities. 38. Banks which base their normal management accounting of forward currency positions on net present values shall use the net present values of each position, discounted using current interest rates, for measuring their positions. Otherwise, forward currency positions shall be measured based on notional amount. 39. The total USD amount of net long or net short position in each currency should then be converted at spot rates into Philippine peso. The overall net open position is the greater of the absolute value of the sum of net long position or sum of net short position. 40. The unadjusted capital charge will be 8% of the overall net open position. Part IV Internal Models Approach 41. Only those banks which have obtained the BSPs approval to adopt their internal value-at-risk (VaR) models to calculate their market risk capital charges in lieu of the standardized methodology are required to report in this part. 1. Value-at-risk results 42. Report in this part the value-at-risk (VaR) results as at the last trading day of the
reference quarter in column (a) and the average VaR over the most recent 60 trading days of the reference quarter in column (b), both for each individual market risk category using internal models approach, i.e., items 1.1 to 1.3, and for the aggregate of these risk categories, i.e., item 1.4. 43. Provided that the BSP is satisfied with the banks system for measuring correlations, recognition of empirical correlations across broad risk categories (e.g., interest rates, equity prices and exchange rates) may be allowed. The VaR for the aggregate of all risk categories will therefore not necessarily be equal to an arithmetic sum of the VaR for the individual risk category. 44. Report also in this part the number of backtesting exceptions for the past 250 trading days (from the reference quarter-end going backwards), based on: - actual daily changes in portfolio value, in item 1.4. column (c), and - hypothetical changes in portfolio value that would occur were end-of-day positions to remain unchanged during the 1 day holding period, in item 1.4 column (d), for the aggregate of the broad risk categories. 45. The multiplication factor to be reported in item 1.4 column (e) is the summation of the following 3 elements: (a) the minimum multiplication factor of 3; (b) the plus factor ranging from 0 to 1 based on the number of backtesting exceptions (i.e., the larger of item 1.4 column (c) or item 1.4 column (d)) for the past 250 trading days as set out in Table 3 below: and (c) any additional plus factor as may be prescribed by the BSP.
APP. 46d 08.12.31 Table 3 Plus factor based on the number of backtesting exceptions for the past 250 trading days Zone Number of exceptions Plus factor 0.00 0.00 0.00 0.00 0.00 0.40 0.50 0.65 0.75 0.85 1.00
specific risk in Part II according to the instructions in paragraphs 32 to 35. 3. Largest daily losses over the quarter 48. Report in this part in descending order (i.e., the largest loss first) the 5 largest daily losses over the reference quarter and their respective VaRs for the risk exposures which are measured by the internal models approach. If the number of daily losses during the quarter is less than 5, report only all such daily losses. Part V Adjusted Capital Adequacy Ratio 49. The market risk capital charges should be aggregated and converted to a market risk-weighted exposure. The total market risk capital charge is the sum of the capital charges for individual market risk categories computed using either (a) the standardized approach, or (b) the internal models approach. The total capital charges for individual market risk categories using the standardized approach should be multiplied by 125% (to be consistent with the higher capital charge for credit risk, i.e., 10% as opposed to the BIS recommended 8%.) 50. The total market risk-weighted exposures is computed by multiplying the total market risk capital charges by 10. (The multiplier 10 is the reciprocal of the BSP required minimum capital ratio for credit risk of 10%.) The qualifying capital and total credit risk weighted exposures are extracted from Part V.A and Part V.B, respectively, of the Report on the Computation of Risk-Based Capital Adequacy Ratio covering credit risk. 51. For on-balance-sheet debt securities and equities in the trading book included in Parts I, II and IV of this Report, the credit
0 1 2 3 4 Yellow zone 5 6 7 8 9 Red zone 10 or more
Green zone
46. Capital charge for general market risk calculated by internal models reported in item 1.6 is larger of: (a) Item 1.4 column (a), i.e., VaR for the aggregate of all risk categories, as at the last trading day of the reference quarter; or (b) Item 1.5, i.e., the average VaR for the last 60 trading days of the reference quarter [(item 1.4 column (b)] times the multiplication factor [(item 1.4 column (e)] set out in paragraph 45 above. 2. Specific risk 47. Capital charge for the specific risk of debt securities and equities is to be reported using either of the following two methods: (a) For banks which incorporate the specific risk into their models, report the capital charge for the total specific risk calculated by the models in item 1.7 of Part IV.1; or (b) For banks which do not incorporate the specific risk into their models, report the specific risk of debt securities in Part I.1 according to the instructions in paragraphs 14-18 and 26-27. For equities, report the
APP. 46d 08.12.31
risk-weighted exposures reported in Part II of the Report on the Computation of the Risk-Based Capital Adequacy Ratio covering credit risk should be excluded in calculating the adjusted ratio covering combined credit
risk and market risk. The market risk capital charges for these positions calculated in this Report cover all the capital requirements for absorbing potential losses arising from carrying such positions.
APP. 46d 08.12.31
Annex A Suppose as at 31 December, 200X, ABC Bank Corporation has the following trading book positions: (1) Long position in US Treasury Bond (7.5% annual coupon) with face value equivalent to PHP507.000MM and residual maturity of 8 years. Market value based on quoted price: PHP518.914MM equivalent (2) Long position in an unrated floating rate note (6.25% current annual coupon) issued by a US corporate with face value equivalent of PHP260.000MM and next repricing 9 months after. Market value based on quoted price: PHP264.758MM equivalent (3) Forward foreign exchange position of EUR5.000MM (long) against PHP250.000MM equivalent maturing in 3 months. (4) Long 1000 shares of a US listed company with current market price of PHP715.000MM equivalent. Treatments: (1) Report market value (PHP518.914MM) of the long position in Part I.1, item I.2 and Part I.2, USD ladder, 7 to 10 years time band. (2) Report market value (PHP264.758MM) of the long position in Part I.1, item 1.9 and Part I.2, USD ladder, 6 to 12 months time band. (3) Report a long 3 months zero coupon security in Part I.2, EUR ladder, 1 to 3 months time band and a short 3 months zero coupon security in the Peso ladder, 1 to 3 months time band. Assume 3 months EUR cash rate at 3.25%, 3-month Peso zero-coupon yield at 5.63% and spot exchange rate is 46. PV of the EUR leg (i.e. receive side) EUR = EUR5.000MM/(1 + 0.0325 x 0.25) = P228.146MM equivalent PV of the PHP leg (i.e. pay side) PHP = P250.000MM/(1+ 0.0563 x 0.25) = P246.530MM (For simplicity Part III of the report is not presented in this example.) (4) Report market value in Part II, item 1 (US column).
APP. 46e 08.12.31
PROCEDURES TO BE OBSERVED BY UNIVERSAL AND COMMERCIAL BANKS APPLYING FOR BANGKO SENTRAL RECOGNITION OF THEIR OWN INTERNAL MODELS FOR CALCULATING MARKET RISK CAPITAL
[Appendix to Subsec. 1115.2 (2008 - 1116.5)] A. Banks own self-assessment A bank intending to use its own internal Value-at-Risk (VaR) models, in lieu of the standardized approach, for calculating market risk capital charge should conduct a self-assessment of its compliance with the requirements for the use of such models as prescribed in Appendix 46 , using the attached questionnaire in Annex A. B. Offsite assessment by BSP If a bank believes that it is in compliance with the abovementioned requirements for the use of internal models, it should submit a written application to the appropriate supervision and examination department of the BSP, together with the following: 1. Accomplished questionnaire; 2. A listing of the products to be included in the risk models; 3. Details as of end of the preceding quarter, by each product listed above, of: a. The size of positions in terms of market value; and b. The currencies in which it is traded, 4. Organizational structure and personnel; The bank should submit latest organizational chart showing the names, reporting lines, and responsibilities of key personnel in-charge of trading, and of functions supporting the trading operations such as risk control, back office, internal audit, etc., and those at board level to whom they report. For those responsible for trading, the bank should provide details of their relevant qualifications and experience in the area of trading. For those responsible for risk control, the bank should provide details of their relevant qualifications and experience, particularly on the use of banks models. The bank should also provide information on the number of staff within the risk control unit1 , their internal reporting structure, responsibilities, qualifications and experience. 5. Full technical description of the model, indicating, among others, the following: a. the type of VaR model used (e.g., variance-covariance matrix, historical simulation or Monte Carlo simulation); b. the parameters which are integral to the VaR calculations, including assumptions regarding: (1) confidence interval; (2) holding period; (3) length of historical data used to calculate volatility parameters; (4) scaling factors applied to VaR numbers to convert shorter holding periods to longer holding periods; (5) weighting scheme applied to historical data (e.g., giving recent observations more weight than less recent observations); (6) probability distribution functions of input variables to the Monte Carlo simulation model; (7) the frequency of input data updates (e.g., how often are historical data series updated, when are variancecovariance matrices revised, etc.); (8) the other models which are used as inputs to the VaR model (e.g., option pricing models, interest rate sensitivity models, etc.) and how they interface with the model; and (9) the frequency of VaR calculation; c. an outline of the VaR risk measurement calculation and processes, including, where necessary, mathematical formulae. This should also include:
Referring generally to the risk management group functions in the BAP Financial Markets Risk Reference Manual.
Appendix 46e - Page 1
APP. 46e 08.12.31
(1) the manner in which non-linear products, like options, are incorporated in the model; (2) the extent to which correlation is allowed both within and across risk categories (i.e., interest rates, equity prices, exchange rates); and (3) the means by which specific risk is addressed within the VaR framework, if appropriate, and the explanation of the techniques by which this is achieved. 6. Policies and procedures for backtesting; The bank should describe the methods of backtesting employed, including the treatment of intra-day trading profits and loss and fee income within the daily profit and loss figures. While the formal implementation of the BSP prescribed backtesting program should begin on the quarter following the date of BSPs recognition of the banks internal model and thus implies that the formal accounting of exceptions under the BSP prescribed backtesting program would be a year later, the bank should, at initial assessment, submit at least the latest backtesting result based on its own backtesting program, including the confidence level used in calculating the VaR numbers. The confidence level used shall dictate the number of daily observations on which the backtesting will be applied (e.g., 250 number of observations for a ninety-nine percent (99%) confidence level, and a higher number of observations for a confidence level higher than ninety-nine percent (99%), subject to a minimum of 250 observations. 7. Policies and procedures for stress testing; 8. Internal validation reports which should include the following: a. the latest review of the overall risk management process by the applicant banks internal auditors; and b. the latest validation of the formulae used in the calculation process, as well as for the pricing of options and other complex instruments by a qualified unit which is independent from the trading area; and
9. Validation reports of external auditor. The bank should stand ready to make a presentation to the BSP on its compliance with the abovementioned requirements for the use of internal models. C. On-site assessment by BSP The BSP shall conduct an on-site assessment of the models to review both the technical details of the models and the risk management practices that govern their use. During the on-site assessment, the bank should give a brief demonstration of how its models work. The demonstration should cover the following: 1. how model inputs are fed into the system including extent of manual inputs; 2. how VaR numbers are calculated; 3. how results are generated and interpreted; 4. accuracy in terms of back testing results; 5. stress testing capability; 6. use of model outputs in risk management; and 7. limitations of the model. The onsite assessment shall also include interview with the concerned officers and personnel of the bank. D. Assessment on an ongoing basis by the BSP. After initial recognition of the models by the BSP, the bank should inform the BSP of any material change to the models, including change in the methodology or scope to cover new products and instruments. The BSP shall determine whether the models remain acceptable for calculating the market risk capital charge. The BSP shall likewise conduct a periodic assessment of the models and the controls surrounding the models at least annually to ensure that they remain compliant with the minimum qualitative and quantitative requirements prescribed under Appendix 46 on an ongoing basis. Non-compliance with the minimum requirements shall be ground for disallowing the use of such models.
APP. 46e 08.12.31
Annex A (Name of Bank) COMPLIANCE WITH THE REQUIREMENTS FOR THE USE OF INTERNAL MODELS Criteria I. General Criteria 1. Is the banks risk management system conceptually sound and implemented with integrity? 2. Does the bank have sufficient number of staff skilled in the use of sophisticated models not only in the trading area but also in the risk control, audit, and if necessary, back office area? 3. Do the banks models have a proven track record of reasonable accuracy in measuring risk? 4. Does the bank conduct stress tests along the lines discussed in Item V below? II. Qualitative Standards 1. Does the bank have an independent risk control unit that is responsible for the design and implementation of the banks risk management system? Does the unit produce and analyze daily reports on the output of the banks risk measurement model, including an evaluation of the relationship between measures of risk exposure and trading limits? Is the unit independent from business trading units? (Cite examples of reports produced by the unit and indicate what time of day these reports are calculated.) Yes No Bank's Explanations1
The questions in this checklist may already be addressed by other materials submitted by the Bank. In such cases, please indicate in this column the appropriate reference document.
APP. 46e 08.12.31
Criteria Does the unit report directly to senior management of the bank?
Yes
No
Bank's Explanations1
2. Does the risk control unit conduct a regular backtesting program, i.e., an expost comparison of the risk measure generated by the model against actual daily changes in portfolio value over longer periods of time, as well as hypothetical changes based on static positions? 3. Are the board of directors (or equivalent management committee in the case of Philippine branches of foreign banks) and senior management actively involved in the risk control process? Do the board of directors (or equivalent management committee in the case of Philippine branches of foreign banks) and senior management regard risk control as an essential aspect of the business to which significant resources need to be devoted? Are daily reports prepared by the independent risk control unit reviewed by a level of management with sufficient seniority and authority to enforce both reductions of positions taken by individual traders and reductions in the banks overall risk exposure?
4. Is the banks internal risk measurement model closely integrated into the day-to-day risk management process of the bank? Is the output of the internal risk measurement model accordingly an integral part of the process of planning, monitoring and controlling the banks market risk profile?
APP. 46e 08.12.31 Bank's Explanations1
Criteria
Yes
No
5. Is the risk measurement system used in conjunction with internal trading and exposure limits? Are trading limits related to the banks risk measurement model in a manner that is consistent over time and that is wellunderstood by both traders and senior management?
6. Is a routine and rigorous program of stress testing in place as a supplement to the risk analysis based on day-to-day output of the banks risk measurement model? Are the results of stress testing exercises reviewed periodically by senior management and reflected in the policies and limits set by management and the board of directors (or equivalent management committee in the case of Philippine branches of foreign banks)? Where stress tests reveal particular vulnerability to a given set of circumstances, are prompt steps taken to manage those risks appropriately (e.g., by hedging against that outcome or reducing the size of the banks exposures)?
7. Does the bank have a routine in place for ensuring compliance with a documented set of internal policies, controls and procedures concerning the operation of the risk measurement system? Is the banks risk measurement system well documented, i.e. through a risk management manual that describes the basic principles of the risk management system and that provides an explanation of the empirical techniques used to measure market risk?
APP. 46e 08.12.31 Criteria Yes No Bank's Explanations1
8. Is an independent review of the risk measurement system carried out regularly in the banks own internal auditing process? Does this review include both the activities of the business trading units and of the independent risk control unit? Does the review of the overall risk management process take place at regular intervals (ideally not less than once a year)? Does the review address the following: the adequacy of the documentation of the risk management system and process? the organization of the risk control unit? the integration of market risk measures into daily risk management? the approval process for risk pricing models and valuation systems used by front and backoffice personnel? the validation of any significant change in the risk measurement process? the scope of market risks captured by the risk measurement model? the integrity of the management information system? the accuracy and completeness of position data? the verification of the consistency, timeliness and reliability of data sources used to run internal models, including the independence of such data sources?
the accuracy and appropriateness of volatility and correlation assumptions? the accuracy of valuation and risk transformation calculations? the verification of the models accuracy through frequent backtesting as discussed In Item II.2 above?
III. Specification of Market Risk Factors A. Interest Rates Is there a set of risk factors corresponding to interest rates in each currency in which the bank has interest rate-sensitive on- or off- balance sheet positions? Does the risk measurement system model the yield curve using one (1) of a number of generally accepted approaches, e.g., by estimating forward rates of zero coupon yields? Is the yield curve divided into various maturity segments in order to capture variation in the volatility of rates along the yield curve, with one (1) risk factor corresponding to each maturity segment? For material exposures to interest rate movements in the major currencies and markets, does the bank model the yield curve using a minimum of six (6) risk factors? Does the risk measurement system incorporate separate risk factors to capture spread risk (e.g., between bonds and swaps)?
B. Equity Prices 1. Are there risk factors corresponding to each of the equity markets in which the bank holds significant positions? Is there, at a minimum, a risk factor that is designed to capture market-wide movements in equity prices (e.g., a market index)?
2. Does the sophistication and nature of the modeling technique for a given market correspond to the banks exposure to the overall market as well as its concentration in individual equity issues in that market? C. Exchange Rates Does the risk measurement system incorporate risk factors corresponding to the individual foreign currencies in which the banks positions are denominated, i.e., are there risk factors corresponding to the exchange rate between the Philippine peso and each foreign currency in which the bank has a significant exposure? IV. Quantitative Standards 1. Is Value-at-risk (VaR) computed on a daily basis? 2. Is a 99th percentile, one-tailed confidence interval used? 3. Is an instantaneous price shock equivalent to a ten (10) day movement in prices used, i.e., is the minimum holding period ten (10) trading days? If VaR numbers are calculated according to a shorter holding period, is this scaled up to ten (10) days by the square root of time?
4. Is the historical observation period (sample period) at least one (1) year? If a weighting scheme or other methods for the historical observation period are used, is the effective observation period at least one (1) year (that is, the weighted average time lag of the individual observations is not less than six (6) months)?
5. Are data sets updated no less frequently than once every three (3) months? Are data sets reassessed whenever market prices are subject to material changes?
6. For banks with option transactions Does the banks model capture the non-linear price characteristics of options positions? Is a ten (10)-day price shock applied to options positions or positions that display option-like characteristics? Does the banks risk measurement system have a set of risk factors that captures the volatilities of the rates and prices underlying option positions, i.e., vega risk? For banks with relatively large and/or complex options portfolios, does the bank have detailed specifications of the relevant options volatilities, i.e., does the bank measure the volatilities of options positions broken down by different maturities?
V. Stress Testing 1. Does the bank have a rigorous and comprehensive stress-testing program in place?
2. Do the banks stress scenarios cover a range of factors that can create extraordinary losses or gains in trading portfolios, or to make the control of risks in those portfolios very difficult, e.g., low-probability events in all major types of risks, including the various components of market, credit, and operational risks? Do the stress scenarios shed light on the impact of such events on positions that display both linear and non-linear price characteristics (i.e. options and instruments that have options-like characteristics)?
3. Are the banks stress tests both of a qualitative and quantitative nature, incorporating both market risk and liquidity aspect of market disturbances? Do quantitative criteria identify plausible stress scenarios to which banks could be exposed?
4. Are the results of stress testing reviewed periodically by senior management? Are the results of stress testing reflected in the policies and limits set out by management and the board of directors (or equivalent management committee in the case of Philippine branches of foreign banks)? If the banks testing reveals particular vulnerability to a given set of circumstances, does the bank take prompt steps to manage those risks appropriately (e.g., by hedging against the outcome or reducing the size of its exposures)?
VI. External Validation Is the model accuracy validated by external auditor? If yes, does the validation include Verification of the internal auditors report on their review of the banks overall risk management process? Ensuring that the formula used in the calculation process, as well as for pricing of options and other complex instruments, are validated by a qualified unit, which is independent from the trading area? Checking the adequacy of the structure of the internal models with respect to the banks activities? Checking the results of the backtesting to ensure that the internal model provides a reliable measure of potential loss over time? Ensuring the transparency and accessibility of the data flows and processes associated with the risk measurement system?
APP. 47 08.12.31
GUIDELINES FOR THE ESTABLISHMENT AND ADMINISTRATION/ MANAGEMENT OF SINKING FUND FOR THE REDEMPTION OF REDEEMABLE PRIVATE PREFERRED SHARES
(Appendix to Subsec. X126.5) Sinking fund shall refer to a fund set aside in order to accumulate the amount necessary for the redemption of redeemable preferred shares. A. Establishment and Composition 1. Documentation a. A resolution by the banks board of directors authorizing the Chief Executive Officer/President of the bank to establish a sinking fund equal to the reserve for retirement of preferred shares for the sole purpose of redemption of redeemable preferred shares at their maturity dates. b. Investment Plan. The plan shall be approved by the board of directors and should indicate the types/classes of investments for the sinking fund. The amount of initial/periodic contributions set forth in the Investment Plan shall be in accordance with Section B par. 1 below. A copy of the Plan shall be submitted to the BSP within thirty (30) calendar days from approval thereof by the banks board of directors. 2. Eligible Securities and Investments The sinking fund may be invested in the following: a. Evidence of indebtedness of the Republic of the Philippines and/or the BSP, or any other evidence of indebtedness or obligations the servicing and repayment of which are fully guaranteed by the Republic of the Philippines; b. Evidence of indebtedness or obligation of the central monetary authority of a foreign country, denominated in the national currency of the issuing country, the servicing and repayment of which are fully guaranteed by the government of such country; c. Deposits with private and/or government banks to the extent covered by deposit insurance; and d. Such other securities as the Monetary Board may designate from time to time. Banks shall refrain from investing sinking fund resources in highly volatile, high-risk commercial instruments. B. Operation 1. Amount of Annual Investment The annual contribution to the sinking fund shall be equal to the reserve for retirement set up for the year, equivalent to the amount of redeemable shares issued divided by their respective terms, i.e., number of years from date of issue to date of maturity. 2. Accounting Entries - please refer to Annex A. 3. Administration a. Responsible Officer. The sinking fund shall be administered by the Chief Executive Officer or his duly authorized representative, who shall be an employee of the bank with a rank not lower than manager or its equivalent, preferably with experience in treasury operations. The administrator shall be responsible for investment decisions and the maintenance of records of the sinking fund. He shall be responsible for the execution of the Investment Plan, and may deviate from the Plan only upon the approval of the board of directors. In the case of RBs/Coop Banks, the bank president or the general manager or the officer-in-charge shall be designated as the administrator of the sinking fund. b. Sinking Fund Manager. The board of directors shall delegate the management
APP. 47 08.12.31
of the fund to an independent fund manager, e.g., trust company, where the amount of the fund is equivalent to five percent (5%) or more of the authorized redeemable private preferred shares, in case of UBs and KBs, or when such fund amounts to P1.0 million or more in the case of TBs and RBs/Coop Banks: Provided, That the sinking fund manager shall invest only in such securities as are prescribed in these guidelines: Provided, further, That a bank/financial institution acting as sinking fund manager may not designate the owner of the fund it manages as the sinking fund manager of its own sinking fund established for the same purpose. c. Reports. The administrator shall submit to the Board a quarterly report on the status of the Fund. The report shall include the to-date balance of the fund, its composition, income earned for the period, a reasonable forecast for the various financial instruments into which the fund
has been placed, and the administrators/ fund managers recommendations or proposals regarding the fund. In its evaluation of the report the Board shall ascertain the degree of risk that the sinking fund is exposed to and prescribe the appropriate corrective actions. The report of the administrator/fund manager shall be under oath and made available for examination by the BSP. d. Review of the Investment Plan. The Board shall conduct an annual evaluation of the Investment Plan and the performance of the administrator/fund manager, and may introduce amendments to or revisions of the Plan, a copy of which shall be submitted to the BSP. 4. Sanctions. Failure to comply with the guidelines shall subject the bank and its directors and officers to the sanctions prescribed in Item c of Subsec. X126.5 and Sections 36 and 37 of R.A. No. 7653.
APP. 47 08.12.31
Annex A
Summary of Pro-Forma Journal Entries to Record Sinking Fund Transactions a. Setting up the sinking fund. The initial contribution to the sinking fund shall be recorded as follows: 1. To set up Reserve for Retirement of Preferred Stock Undivided Profits/Surplus Free Other Surplus Reserves Reserve for Retirement of Preferred Stock xxx xxx
To transfer from free to restricted Surplus the amount set up as reserve for redemption of preferred shares. 2. To set up the subsidiary account Sinking Fund (classified as Other Non-Current Assets) IBODI/Others Sinking Fund for Redemption of Preferred Shares Cash/Due from Banks To set up the Sinking Fund for the Redemption of Preferred Shares. b. Contributions to the sinking fund 1. To set up the periodic Reserve for Retirement Undivided Profits/Surplus Free Other Surplus Reserves Reserve for Retirement of Preferred Stock xxx xxx xxx xxx
To transfer from free to restricted Surplus reserve for redemption of preferred shares. c. Income/loss from the sinking fund. The recognition of income/loss from the investments shall follow the existing accounting treatment/procedures prescribed in the Manual of Accounts for Banks 1. To record receipt or accrual of income due to the sinking fund Cash/Due from Banks/ Accrued Other Income Receivable Other Income/Accrued Other Income To record income earned from sinking fund assets. xxx xxx
APP. 47 08.12.31
d. Redemption 1. Liquidation of sinking fund. Any gain or loss realized/incurred from liquidation of the sinking fund investments shall be credited/charged to operations. Undivided Profits/ Surplus Free Cash IBODI/Others Sinking Fund for Redemption of Preferred Shares Other Income Gain on Sale of Sinking Fund Securities xxx xxx xxx
To record the liquidation of sinking fund assets and recognize income therefrom. or: Cash Loss from Sale of Sinking Fund Securities IBODI/Others Sinking Fund for Redemption of Preferred Shares xxx xxx xxx
To record the liquidation of sinking fund assets and loss incurred therefrom. 2. Transfer to Undivided Profits/Surplus Free of the balance of the Restricted Surplus account Other Surplus Reserves Reserve for Retirement of Preferred Stock xxx Undivided Profits/ Surplus Free xxx To close the restricted surplus account Other Surplus Reserves Retirement of Preferred Stock and to revert the balance of the same to Undivided Profits/Surplus Free. 3. Redemption of preferred shares, declaration of stock dividend equal to amount of preferred shares redeemed and payment of such dividend through the issuance of new shares of stock Capital Stock Preferred Shares Cash/Due from Banks To record the redemption of redeemable preferred shares. (b) Undivided Profits/Surplus Free Dividends Distributable (c) Dividends Distributable Capital Stock Common Stock/Preferred Stock To record payment of stock dividend (common stock). e. Treatment of changes in the market of the sinking fund portfolio. Gains and losses arising from changes in market values of component securities shall be deferred (not recognized) until the securities are liquidated. xxx xxx xxx xxx xxx xxx
(a)
APP. 48 09.12.31
ACTIVITIES WHICH MAY BE CONSIDERED UNSAFE AND UNSOUND BANKING PRACTICES

(Appendix to Secs. X149 and X408) The following activities are considered only as guidelines and are not irrebutably presumed to be unsafe or unsound. Conversely, not all practices which might under the circumstances be termed unsafe or unsound are mentioned here. The Monetary Board may now and then consider any other acts/omissions as unsafe or unsound practices. a. Operating with management whose policies and practices are detrimental to the bank and jeopardize the safety of its deposits. b. Operating with total adjusted capital and reserves that are inadequate in relation to the kind and quality of the assets of the bank. c. Operating in a way that produces a deficit in net operating income without adequate measures to ensure a surplus in net operating income in the future. d. Operating with a serious lack of liquidity, especially in view of the asset and deposit/liability structure of the bank. e. Engaging in speculative and hazardous investment policies. f. Paying excessive cash dividends in relation to the capital position, earnings capacity and asset quality of the bank. g. Excessive reliance on large, high-cost or volatile deposits/borrowings to fund aggressive growth that may be unsustainable. For this purpose, a bank is considered offering high-cost deposit/borrowings if the effective interest rate paid on said deposits/ borrowings and/or non-cash incentives is fifty percent (50%) over the prevailing comparable market median rate for similar bank categories, maturities and currency denomination and accompanied by other circumstance/s such as: (1) Undue reliance on solicitation and acceptance of brokered deposits; (2) Bank incurs large sum of deposit generation expenses in the form of commissions, referral and solicitation fees and related expenses and/or payment of advance interest on deposits; (3) Deferral of the above deposit generation expenses incurred to delay recording of expenses and/or inaccurate amortization of advance interest paid on deposits. (4) Deposit packages offered include non-cash incentives disproportionate to the amount of deposits sought which give undue or unwarranted advantage or preference for the bank; and (5) Bank markets, solicits and accepts deposits outside the bank premises including branches, unless otherwise authorized by the BSP under Sections X213 or X701. h. Excessive reliance on letters of credit either issued by the bank or accepted as collateral to loans advanced. i. Excessive amounts of loan participations sold. j. Paying interest on participations without advising participating institution that the source of interest was not from the borrower. k. Selling participations without disclosing to the purchasers of those participations material, non-public information known to the bank. l. Failure to limit, control and document contingent liabilities. m. Engaging in hazardous lending and tax collection policies and practices, as evidenced by any of the following circumstances: (1) An excessive volume of loans subject to adverse classification;
APP. 48 09.12.31
(2) An excessive volume of loans without adequate documentation, including credit information; (3) Excessive net loan losses; (4) An excessive volume of loans in relation to the total assets and deposits of the bank; (5) An excessive volume of weak and self-serving loans to persons connected with the bank, especially if a significant portion of these loans are adversely classified; (6) Excessive concentrations of credit, especially if a substantial portion of this credit is adversely classified; (7) Indiscriminate participation in weak and undocumented loans originated by other institutions; (8) Failing to adopt written loan policies; (9) An excessive volume of past due or non-performing loans; (10) Failure to diversify the loan portfolio/asset mix of the institution; (11) Failure to make provision for an adequate reserve for possible loan losses; (12) High incidence of spurious and fraudulent loans due to patently inadequate risk management systems and procedures resulting in significant impairment of capital; (13) Banks niche mostly consists of borrowers who have impaired or limited credit history, or majority of the loans are either clean/unsecured or backed with minimum collateral values except those underwritten using microfinance technology consistent with Section X361 and other acceptable cash flow-based lending systems; and the bank does not have a robust risk management system in place leaving the bank vulnerable to losses; (14) Loan rates are excessively higher than market rates to compensate the added or higher risks involved. Excessively higher
rates are those characterized by effective interest rates that are fifty percent (50%) over the prevailing comparable market median rate for similar loan types, maturities and collaterals; and (15) Assignment of loans on without recourse basis with real estate properties as payment, resulting in total investment in real estate in excess of the prescribed ceiling. n. Permitting officers to engage in lending practices beyond the scope of their positions. o. Operating the bank with inadequate internal controls. p. Failure to keep accurate and updated books and records. q. Operating the institution with excessive volume of out-of-territory loans. r. Excessive volume of non-earning assets. s. Failure to heed warnings and admonitions of the supervisory and regulatory authorities. t. Continued and flagrant violation of any law, rule, regulation or written agreement between the institution and the BSP. u. Any other action likely to cause insolvency or substantial dissipation of assets or earnings of the institution or likely to seriously weaken its condition or otherwise seriously prejudice the interest of its depositors/investors/clients. v. Non-observance of the principles and the requirements for managing and monitoring large exposures and credit risk concentrations under Subsec. X301.6a and 6b. w. Improper or non-documentation of repurchase agreements covering government securities and commercial papers and other negotiable and non-negotiable securities or instruments.
APP. 49 08.12.31
CERTIFICATION OF COMPLIANCE WITH SECTION 55.4 OF REPUBLIC ACT NO. 8791

Name of Bank Address of Head Office Telefax/Fax Number
The Deputy Governor Supervision and Examination Sector Bangko Sentral ng Pilipinas Manila, Philippines Sir: This is to certify that this bank, in the conduct of its business involving bank deposits, does not have in its employ any casual/non-regular personnel or employees/personnel, who are working after the probationary period of six (6) months, are still not being considered regular/permanent employees, personnel of the bank. This certification is being submitted in compliance with the requirements of Circular No. 336 dated 02 July 2002 and Circular Letter dated 11 November 2003 implementing Section 55.4 of the General Banking Law of 2000.
Very truly yours,
Authorized Officers Signature Over Printed Name Designation
APP. 50 11.12.31
GUIDELINES ON RETENTION AND DISPOSAL OF RECORDS OF RURAL AND COOPERATIVE BANKS

[Appendix to Subsec. 3191.9 (2008 - 3161.9)] The following guidelines shall govern the retention and disposal of records of RBs/Coop Banks. A. Classification of Records and Documents 1. Accounting records (a) Books of accounts, audited financial/annual reports (b) Tickets and supporting papers (c) Official receipts (2nd copy) 2. Organization papers for the establishment of RBs/ Coop Banks, branches/offices (organizational file), special license/authority granted by BSP (e.g. authority to accept demand deposits, government deposits, fringe benefit plan) 3. Updated Manual of operations, including compliance system, policies on personnel, security and other related matters 4. Stock and transfer book and related records and documents 5. Minutes of meeting (a) Stockholders/general assembly, board of directors (b) Other committees 6. Human resource files (a) Documents pertaining to members of the board of directors and stockholders (b) Bank officers and staff (c) Officers and staff with derogatory information 7. Correspondence (to and from) (a) BSP on examination findings/exceptions and directives; rediscounting, loans and advances Retention Period 10 years 10 years 10 years Permanent
Permanent
Permanent Permanent 10 years Permanent 5 years from resignation/separation retirement Permanent 10 years except if there is a court case - until the case is finally resolved by the court
APP. 50 11.12.31
(b) Other government regulatory/supervisory authorities, e.g. PDIC, BIR, DOLE, SSS (c) All other correspondence 8. Reports to BSP (Financial and non-financial reports) 9. Reports to other government and non-government
5 years or as prescribed by the government institution concerned whichever is longer 5 years 5 years 5 years or as prescribed by the institution concerned whichever is longer Permanent Permanent 10 years from dates when accounts were closed/disposed of/settled
10. Records and documents on court cases/complaints 11. Documents, certificates of ownership/titles on bank assets 12. All other records/documents of all transactions, e.g. loans and investments, disposal of assets, deposit liabilities and borrowings, expenditures and income, disbursements, disposal of assets
Notwithstanding the retention periods herein, RBs/Coop Banks may preserve for a longer period those records/documents they deem necessary. In cases where specific laws or BSP issuances require a different retention period, the longer retention period shall be observed. B. Procedural requirements on disposal of banks records and documents 1. No RBs/Coop Banks shall dispose of any records without the prior approval of its board of directors. 2. All records and documents for disposal must be burned or shredded in the presence of a director of the bank duly designated by the board of directors, the chief operating officer or equivalent rank and the compliance officer. 3. The designated director, the chief operating officer (or its equivalent) and the compliance officer shall execute a joint affidavit (Annex A) attesting to the burning/shredding of the records/documents. The original copy of the joint affidavit shall be kept permanently by the treasurer or cashier and must be made available for inspection by the BSP.
(As amended by Circular 720 dated 06 May 2011)
APP. 50 11.12.31 Annex A REPUBLIC OF THE PHILIPPINES CITY/MUNICIPALITY OF __________ PROVINCE OF ___________________ ) ) S.S )
JOINT AFFIDAVIT
We, namely: ________________________, Director; ________________, Chief Operating Officer (or equivalent rank); and ________________, Compliance Officer, all of legal ages, representing the Rural/ Cooperative Bank of ______________, Inc. after having been sworn to in accordance with law do hereby depose and say: 1. That we are the bank officials of the Rural/Cooperative Bank of __________, Inc., duly designated under Board Resolution No. ____ dated ____________, to ensure and witness the proper disposal of the following records/documents: _________________________ _____________________________ _________________________ _____________________________ 2. That we have witnessed the burning/shredding of the above-mentioned records/documents that took place on ________________ 20__ at _____________ AM/PM at the premises of the Rural/ Cooperative Bank of _______________. 3. That we have executed this Affidavit to attest to the truthfulness of the foregoing and in accordance with the rules prescribed by the Bangko Sentral ng Pilipinas (BSP). IN WITNESS WHEREOF, we have set our hands this _____ day of _______20__ at
______________________, Philippines. ___________________________ ___________________________________________________

SUBSCRIBED AND SWORN TO BEFORE ME, this ______ day of ________ 20__ at ______________, the foregoing Affiants, exhibiting their respective valid identification document/s (ID/ s), to wit: Name Valid ID's Date Issued Place Issued ____________________ ____________________ ____________ ____________ _____________ _____________ _____________ _____________
NOTARY PUBLIC My Commission expires on December 31, 20____ PTR No. _____ issued on ________ 20__ at _______ Doc. No. _____ Book No. _____ Page No. _____ Series of 20____.
APP. 50 08.12.31
Annex B REPUBLIC OF THE PHILIPPINES ) CITY/MUNICIPALITY OF __________ ) S.S PROVINCE OF ___________________ ) JOINT AFFIDAVIT We, namely: ________________________, Director; ________________, Chief Operating Officer (or Manager/equivalent rank); and ________________, Compliance Officer, all of legal ages, representing the Rural/Cooperative Bank of ______________, Inc. after having been sworn to in accordance with law do hereby depose and say: 1. That we are the bank officials of the Rural/Cooperative Bank of __________, Inc., duly designated under Board Resolution No. ____ dated ____________, to ensure and witness the proper disposal of certain records, described in the attached Notice of Disposal of Bank Records/Documents dated _______ (Annex A). 2. That we have witnessed the burning/shredding of those records/documents described in the Notice of Disposal of Bank Records/Documents dated ____________that took place on ________________ 20__ at _____________ am/pm at the premises of the Rural/Cooperative Bank of _______________. 3. That we have executed this Affidavit to attest to the truthfulness of the foregoing and in accordance with the rules prescribed by the Bangko Sentral ng Pilipinas (BSP) set forth under Circular-Letter No. ___ dated _________, 20__. IN WITNESS WHEREOF, we have set our hands this _____ day of _______20__ at ______________________, Philippines. ___________________________ ___________________________________________________ SUBSCRIBED AND SWORN TO BEFORE ME, this ______ day of ________ 20__ at ______________, the foregoing Affiants, exhibiting their respective Community Tax Certificates (CTC), to wit: Name CTC No. Date Issued Place Issued NOTARY PUBLIC My Commission expires on December 31, 20___ PTR No. _____ issued on ________ 20__ at _______ Doc. No. _____ Book No. _____ Page No. _____ Series of 20___.
APP. 51 09.12.31
SWORN CERTIFICATION OF FOREIGN CURRENCY DEPOSIT UNIT/EXPANDED FOREIGN CURRENCY DEPOSIT UNIT LENDING TO REGULAR BANKING UNIT
(Please refer to Circular No. 645 dated 13 February 2009)
APP. 51a 09.12.31
Sample Computation on Foreign Currency Deposit Unit Lending to Regular Banking Unit
(Appendix to Item 3.b.1 of Section 72, Circular No. 645 dated 13 February 2009)
FCDU LENDING to RBU SAMPLE COMPUTATION - 30% CAP (Amounts in Million USD)
Average FCDU/EFCDU Deposit Liabilities1/ Amount 30% Average OnBalance Sheet Forex Trade Asset2/ Cap for the Week
Borrowing-FCDU/EFCDU Account Debit Credit Balance
August
Sept
2 9 12 13 14 15 16 19 20 21 22 23 26 27 28 29 30 2 3 4 5 6 9 10 11 12
140 120
42 36
30 45 30 10 5 5 8 2 1 2 3 3 2/ 10 15 20 28 30 31 33 36 36 36 33 33 33 33 33 39 41 37 40 42 27 23 27
110
33
36 36
200
60
42 33
170
51
27 42 4 6 2 3 2 27 15 4 4
250
75
66
1/
Computed using 2-month rolling data (i.e., for week ended 02 August, average of daily data from 03 June to 02 August; week ended 09 August, average of daily data from 10 June to 09 August, etc.). Average daily balance for each observation period = Sum of daily balances/Total banking days
2/
RBU should pay off to reduce outstanding balance to within prescribed limit.
APP. 52 08.12.31
REVISED IMPLEMENTING RULES AND REGULATIONS R.A. NO. 9160, AS AMENDED BY R.A. NO. 9194
[Appendix to Sec. X801 (2008 - X691)] RULE 1 TITLE Rule 1.a. Title. - These Rules shall be known and cited as the Revised Rules and Regulations Implementing R.A. No. 9160, [the Anti-Money Laundering Act of 2001 (AMLA)], as amended by R.A. No. 9194. Rule 1.b. Purpose. - These Rules are promulgated to prescribe the procedures and guidelines for the implementation of the AMLA, as amended by R.A. No. 9194. RULE 2 DECLARATION OF POLICY Rule 2. Declaration of Policy. - It is hereby declared the policy of the State to protect the integrity and confidentiality of bank accounts and to ensure that the Philippines shall not be used as a moneylaundering site for the proceeds of any unlawful activity. Consistent with its foreign policy, the Philippines shall extend cooperation in transnational investigations and prosecutions of persons involved in money laundering activities wherever committed. RULE 3 DEFINITIONS Rule 3. Definitions. For purposes of this Act, the following terms are hereby defined as follows: Rule 3.a. Covered Institution refers to: Rule 3.a.1. Banks, offshore banking units, QBs, trust entities, NSSLAs, pawnshops, and all other institutions, including their subsidiaries and affiliates supervised and/or regulated by the BSP. (a) A subsidiary means an entity more than fifty percent (50%) of the outstanding voting stock of which is owned by a bank, QB, trust entity or any other institution supervised or regulated by the BSP. (b) An affiliate means an entity at least twenty percent (20%) but not exceeding fifty percent (50%) of the voting stock of which is owned by a bank, QB, trust entity, or any other institution supervised and/or regulated by the BSP. Rule 3.a.2. Insurance companies, insurance agents, insurance brokers, professional reinsurers, reinsurance brokers, holding companies, holding company systems and all other persons and entities supervised and/or regulated by the Insurance Commission (IC). (a) An insurance company includes those entities authorized to transact insurance business in the Philippines, whether life or non-life and whether domestic, domestically incorporated or branch of a foreign entity. A contract of insurance is an agreement whereby one undertakes for a consideration to indemnify another against loss, damage or liability arising from an unknown or contingent event. Transacting insurance business includes making or proposing to make, as insurer, any insurance contract, or as surety, any contract of suretyship as a vocation and not as merely incidental to any other legitimate business or activity of the surety, doing any kind of business specifically recognized as constituting the doing of an insurance business within the meaning of Presidential Decree (P.D.) No. 612, as amended, including a reinsurance business and doing or proposing to do any business in substance equivalent to any
APP. 52 08.12.31
of the foregoing in a manner designed to evade the provisions of P.D. No. 612, as amended. (b) An insurance agent includes any person who solicits or obtains insurance on behalf of any insurance company or transmits for a person other than himself an application for a policy or contract of insurance to or from such company or offers or assumes to act in the negotiation of such insurance. (c) An insurance broker includes any person who acts or aids in any manner in soliciting, negotiating or procuring the making of any insurance contract or in placing risk or taking out insurance, on behalf of an insured other than himself. (d) A professional reinsurer includes any person, partnership, association or corporation that transacts solely and exclusively reinsurance business in the Philippines, whether domestic, domestically incorporated or a branch of a foreign entity. A contract of reinsurance is one by which an insurer procures a third person to insure him against loss or liability by reason of such original insurance. (e) A reinsurance broker includes any person who, not being a duly authorized agent, employee or officer of an insurer in which any reinsurance is effected, acts or aids in any manner in negotiating contracts of reinsurance or placing risks of effecting reinsurance, for any insurance company authorized to do business in the Philippines. (f) A holding company includes any person who directly or indirectly controls any authorized insurer. A holding company system includes a holding company together with its controlled insurers and controlled persons. Rule 3.a.3. (i) Securities dealers, brokers, salesmen, associated persons of brokers or dealers, IHs, investment agents and consultants, trading advisors, and other
entities managing securities or rendering similar services, (ii) mutual funds or openend investment companies, close-end investment companies, common trust funds, pre-need companies or issuers and other similar entities; (iii) foreign exchange corporations, money changers, money payment, remittance, and transfer companies and other similar entities, and (iv) other entities administering or otherwise dealing in currency, commodities or financial derivatives based thereon, valuable objects, cash substitutes and other similar monetary instruments or property supervised and/or regulated by the Securities and Exchange Commission (SEC). (a) A securities broker includes a person engaged in the business of buying and selling securities for the account of others. (b) A securities dealer includes any person who buys and sells securities for his/ her account in the ordinary course of business. (c) A securities salesman includes a natural person, employed as such or as an agent, by a dealer, issuer or broker to buy and sell securities. (d) An associated person of a broker or dealer includes an employee thereof who directly exercises control or supervisory authority, but does not include a salesman, or an agent or a person whose functions are solely clerical or ministerial. (e) An investment house includes an enterprise which engages or purports to engage, whether regularly or on an isolated basis, in the underwriting of securities of another person or enterprise, including securities of the Government and its instrumentalities. (f) A mutual fund or an open-end investment company includes an investment company which is offering for sale or has outstanding, any redeemable security of which it is the issuer.
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(g) A closed-end investment company includes an investment company other than open-end investment company. (h) A common trust fund includes a fund maintained by an entity authorized to perform trust functions under a written and formally established plan, exclusively for the collective investment and reinvestment of certain money representing participation in the plan received by it in its capacity as trustee, for the purpose of administration, holding or management of such funds and/or properties for the use, benefit or advantage of the trustor or of others known as beneficiaries. (i) A pre-need company or issuer includes any corporation supervised and/ or regulated by the SEC and is authorized or licensed to sell or offer for sale pre-need plans. Pre-need plans are contracts which provide for the performance of future service(s) or payment of future monetary consideration at the time of actual need, payable either in cash or installment by the planholder at prices stated in the contract with or without interest or insurance coverage and includes life, pension, education, internment and other plans, which the Commission may, from time to time, approve. (j) A foreign exchange corporation includes any enterprise which engages or purports to engage, whether regularly or on an isolated basis, in the sale and purchase of foreign currency notes and such other foreign-currency denominated non-bank deposit transactions as may be authorized under its articles of incorporation. (k) Investment Advisor/Agent/Consultant shall refer to any person: (1) who for an advisory fee is engaged in the business of advising others, either directly or through circulars, reports, publications or writings, as to the value of any security and as to the advisability of trading in any security; or
(2) who for compensation and as part of a regular business, issues or promulgates, analyzes reports concerning the capital market, except: (a) any bank or trust company; (b) any journalist, reporter, columnist, editor, lawyer, accountant, teacher; (c) the publisher of any bonafide newspaper, news, business or financial publication of general and regular circulation, including their employees; (d) any contract market; (e) such other person not within the intent of this definition, provided that the furnishing of such service by the foregoing persons is solely incidental to the conduct of their business or profession. (3) any person who undertakes the management of portfolio securities of investment companies, including the arrangement of purchases, sales or exchanges of securities. (l) A moneychanger includes any person in the business of buying or selling foreign currency notes. (m) A money payment, remittance and transfer company includes any person offering to pay, remit or transfer or transmit money on behalf of any person to another person. (n) Customer refers to any person or entity that keeps an account, or otherwise transacts business, with a covered institution and any person or entity on whose behalf an account is maintained or a transaction is conducted, as well as the beneficiary of said transactions. A customer also includes the beneficiary of a trust, an investment fund, a pension fund or a company or person whose assets are managed by an asset manager, or a grantor of a trust. It includes any insurance policy holder, whether actual or prospective. (o) Property includes any thing or item of value, real or personal, tangible or intangible, or any interest therein or any
APP. 52 08.12.31
benefit, privilege, claim or right with respect thereto. Rule 3.b. Covered Transaction is a transaction in cash or other equivalent monetary instrument involving a total amount in excess of PhP500,000.00 within one (1) banking day. Rule 3.b.1. Suspicious transactions are transactions, regardless of amount, where any of the following circumstances exists: (1) There is no underlying legal or trade obligation, purpose or economic justification; (2) The client is not properly identified; (3) The amount involved is not commensurate with the business or financial capacity of the client; (4) Taking into account all known circumstances, it may be perceived that the clients transaction is structured in order to avoid being the subject of reporting requirements under the act; (5) Any circumstance relating to the transaction which is observed to deviate from the profile of the client and/or the clients past transactions with the covered institution; (6) The transaction is in any way related to an unlawful activity or any money laundering activity or offense under this act that is about to be, is being or has been committed; or (7) Any transaction that is similar, analogous or identical to any of the foregoing. Rule 3.c. Monetary Instrument refers to: (1) Coins or currency of legal tender of the Philippines, or of any other country; (2) Drafts, checks and notes; (3) Securities or negotiable instruments, bonds, commercial papers, deposit certificates, trust certificates, custodial receipts or deposit substitute instruments, trading orders, transaction tickets and
confirmations of sale or investments and money market instruments; (4) Contracts or policies of insurance, life or non-life, and contracts of suretyship; and (5) Other similar instruments where title thereto passes to another by endorsement, assignment or delivery. Rule 3.d. Offender refers to any person who commits a money laundering offense. Rule 3.e. Person refers to any natural or juridical person. Rule 3.f. Proceeds refers to an amount derived or realized from an unlawful activity. It includes: (1) All material results, profits, effects and any amount realized from any unlawful activity; (2) All monetary, financial or economic means, devices, documents, papers or things used in or having any relation to any unlawful activity; and (3) All moneys, expenditures, payments, disbursements, costs, outlays, charges, accounts, refunds and other similar items for the financing, operations, and maintenance of any unlawful activity. Rule 3.g. Supervising Authority refers to the BSP, the SEC and the IC. Where the BSP, SEC or IC supervision applies only to the registration of the covered institution, the BSP, the SEC or the IC, within the limits of the AMLA, shall have the authority to require and ask assistance from the government agency having regulatory power and/or licensing authority over said covered institution for the implementation and enforcement of the AMLA and these Rules. Rule 3.h. Transaction refers to any act establishing any right or obligation or giving rise to any contractual or legal relationship between the parties thereto. It also includes
APP. 52 08.12.31
any movement of funds by any means with a covered institution. Rule 3.i. Unlawful activity refers to any act or omission or series or combination thereof involving or having relation, to the following: (A) Kidnapping for ransom under Article 267 of Act No. 3815, otherwise known as the Revised Penal Code, as amended; (1) Kidnapping for ransom (B) Sections 4, 5, 6, 8, 9, 10, 12, 13, 14, 15 and 16 of R.A. No. 9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002; (2) Importation of prohibited drugs; (3) Sale of prohibited drugs; (4) Administration of prohibited drugs; (5) Delivery of prohibited drugs; (6) Distribution of prohibited drugs; (7) Transportation of prohibited drugs; (8) Maintenance of a Den, Dive or Resort for prohibited users; (9) Manufacture of prohibited drugs; (10) Possession of prohibited drugs; (11) Use of prohibited drugs; (12) Cultivation of plants which are sources of prohibited drugs; and (13) Culture of plants which are sources of prohibited drugs. (C) Section 3 paragraphs b, c, e, g, h and i of R.A. No. 3019, as amended, otherwise known as the Anti-Graft and Corrupt Practices Act; (14) Directly or indirectly requesting or receiving any gift, present, share, percentage or benefit for himself or for any other person in connection with any contract or transaction between the Government and any party, wherein the public officer in his official capacity has to intervene under the law; (15) Directly or indirectly requesting or receiving any gift, present or other pecuniary or material benefit, for himself
or for another, from any person for whom the public officer, in any manner or capacity, has secured or obtained, or will secure or obtain, any government permit or license, in consideration for the help given or to be given, without prejudice to Section 13 of R.A. 3019; (16) Causing any undue injury to any party, including the government, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his official, administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence; (17) Entering, on behalf of the government, into any contract or transaction manifestly and grossly disadvantageous to the same, whether or not the public officer profited or will profit thereby; (18) Directly or indirectly having financial or pecuniary interest in any business contract or transaction in connection with which he intervenes or takes part in his official capacity, or in which he is prohibited by the Constitution or by any law from having any interest; (19) Directly or indirectly becoming interested, for personal gain, or having material interest in any transaction or act requiring the approval of a board, panel or group of which he is a member, and which exercise of discretion in such approval, even if he votes against the same or he does not participate in the action of the board, committee, panel or group. (D) Plunder under R.A. No. 7080, as amended; (20) Plunder through misappropriation, conversion, misuse or malversation of public funds or raids upon the public treasury; (21) Plunder by receiving, directly or indirectly, any commission, gift, share, percentage, kickbacks or any other form of pecuniary benefit from any person and/or
APP. 52 08.12.31
entity in connection with any government contract or project or by reason of the office or position of the public officer concerned; (22) Plunder by the illegal or fraudulent conveyance or disposition of assets belonging to the National Government or any of its subdivisions, agencies, instrumentalities or government-owned or controlled corporations or their subsidiaries; (23) Plunder by obtaining, receiving or accepting, directly or indirectly, any shares of stock, equity or any other form of interest or participation including the promise of future employment in any business enterprise or undertaking; (24) Plunder by establishing agricultural, industrial or commercial monopolies or other combinations and/or implementation of decrees and orders intended to benefit particular persons or special interests; (25) Plunder by taking undue advantage of official position, authority, relationship, connection or influence to unjustly enrich himself or themselves at the expense and to the damage and prejudice of the Filipino people and the Republic of the Philippines. (E) Robbery and extortion under Articles 294, 295, 296, 299, 300, 301 and 302 of the Revised Penal Code, as amended; (26) Robbery with violence or intimidation of persons; (27) Robbery with physical injuries, committed in an uninhabited place and by a band, or with use of firearms on a street, road or alley; (28) Robbery in an uninhabited house or public building or edifice devoted to worship. (F) Jueteng and Masiao punished as illegal gambling under Presidential Decree No. 1602; (29) Jueteng; (30) Masiao.
(G) Piracy on the high seas under the Revised Penal Code, as amended and Presidential Decree No. 532; (31) Piracy on the high seas; (32) Piracy in inland Philippine waters; (33) Aiding and abetting pirates and brigands. (H) Qualified theft under Article 310 of the Revised Penal Code, as amended; (34) Qualified theft. (I) Swindling under Article 315 of the Revised Penal Code, as amended; (35) Estafa with unfaithfulness or abuse of confidence by altering the substance, quality or quantity of anything of value which the offender shall deliver by virtue of an obligation to do so, even though such obligation be based on an immoral or illegal consideration; (36) Estafa with unfaithfulness or abuse of confidence by misappropriating or converting, to the prejudice of another, money, goods or any other personal property received by the offender in trust or on commission, or for administration, or under any other obligation involving the duty to make delivery or to return the same, even though such obligation be totally or partially guaranteed by a bond; or by denying having received such money, goods, or other property; (37) Estafa with unfaithfulness or abuse of confidence by taking undue advantage of the signature of the offended party in blank, and by writing any document above such signature in blank, to the prejudice of the offended party or any third person; (38) Estafa by using a fictitious name, or falsely pretending to possess power, influence, qualifications, property, credit, agency, business or imaginary transactions, or by means of other similar deceits; (39) Estafa by altering the quality, fineness or weight of anything pertaining to his art or business;
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(40) Estafa by pretending to have bribed any government employee; (41) Estafa by postdating a check, or issuing a check in payment of an obligation when the offender has no funds in the bank, or his funds deposited therein were not sufficient to cover the amount of the check; (42) Estafa by inducing another, by means of deceit, to sign any document; (43) Estafa by resorting to some fraudulent practice to ensure success in a gambling game; (44) Estafa by removing, concealing or destroying, in whole or in part, any court record, office files, document or any other papers. (J) Smuggling under R.A. Nos. 455 and 1937; (45) Fraudulent importation of any vehicle; (46) Fraudulent exportation of any vehicle; (47) Assisting in any fraudulent importation; (48) Assisting in any fraudulent exportation; (49) Receiving smuggled article after fraudulent importation; (50) Concealing smuggled article after fraudulent importation; (51) Buying smuggled article after fraudulent importation; (52) Selling smuggled article after fraudulent importation; (53) Transportation of smuggled article after fraudulent importation; (54) Fraudulent practices against customs revenue. (K) Violations under R.A. No. 8792, otherwise known as the Electronic Commerce Act of 2000; K.1. Hacking or cracking, which refers to: (55) unauthorized access into or interference in a computer system/server or information and communication system; or
(56) any access in order to corrupt, alter, steal, or destroy using a computer or other similar information and communication devices, without the knowledge and consent of the owner of the computer or information and communications system, including (57) the introduction of computer viruses and the like, resulting in the corruption, destruction, alteration, theft or loss of electronic data messages or electronic document; K.2. Piracy, which refers to: (58) the unauthorized copying, reproduction, (59) the unauthorized dissemination, distribution, (60) the unauthorized importation, (61) the unauthorized use, removal, alteration, substitution, modification, (62) the unauthorized storage, uploading, downloading, communication, making available to the public, or (63) the unauthorized broadcasting, of protected material, electronic signature or copyrighted works including legally protected sound recordings or phonograms or information material on protected works, through the use of telecommunication networks, such as, but not limited to, the internet, in a manner that infringes intellectual property rights; K.3. Violations of the Consumer Act or R.A. No. 7394 and other relevant or pertinent laws through transactions covered by or using electronic data messages or electronic documents: (64) Sale of any consumer product that is not in conformity with standards under the Consumer Act; (65) Sale of any product that has been banned by a rule under the Consumer Act; (66) Sale of any adulterated or mislabeled product using electronic documents;
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(67) Adulteration or misbranding of any consumer product; (68) Forging, counterfeiting or simulating any mark, stamp, tag, label or other identification device; (69) Revealing trade secrets; (70) Alteration or removal of the labeling of any drug or device held for sale; (71) Sale of any drug or device not registered in accordance with the provisions of the E-Commerce Act; (72) Sale of any drug or device by any person not licensed in accordance with the provisions of the E-Commerce Act; (73) Sale of any drug or device beyond its expiration date; (74) Introduction into commerce of any mislabeled or banned hazardous substance; (75) Alteration or removal of the labeling of a hazardous substance; (76) Deceptive sales acts and practices; (77) Unfair or unconscionable sales acts and practices; (78) Fraudulent practices relative to weights and measures; (79) False representations in advertisements as the existence of a warranty or guarantee; (80) Violation of price tag requirements; (81) Mislabeling consumer products; (82) False, deceptive or misleading advertisements; (83) Violation of required disclosures on consumer loans; (84) Other violations of the provisions of the E-Commerce Act; (L) Hijacking and other violations under R.A. No. 6235; destructive arson and murder, as defined under the Revised Penal Code, as amended, including those perpetrated by terrorists against non-combatant persons and similar targets; (85) Hijacking; (86) Destructive arson; (87) Murder;
(88) Hijacking, destructive arson or murder perpetrated by terrorists against non-combatant persons and similar targets; (M) Fraudulent practices and other violations under R.A. No. 8799, otherwise known as the Securities Regulation Code of 2000; (89) Sale, offer or distribution of securities within the Philippines without a registration statement duly filed with and approved by the SEC; (90) Sale or offer to the public of any pre-need plan not in accordance with the rules and regulations which the SEC shall prescribe; (91) Violation of reportorial requirements imposed upon issuers of securities; (92) Manipulation of security prices by creating a false or misleading appearance of active trading in any listed security traded in an Exchange or any other trading market; (93) Manipulation of security prices by effecting, alone or with others, a series of transactions in securities that raises their prices to induce the purchase of a security, whether of the same or different class, of the same issuer or of a controlling, controlled or commonly controlled company by others; (94) Manipulation of security prices by effecting, alone or with others, a series of transactions in securities that depresses their price to induce the sale of a security, whether of the same or different class, of the same issuer or of a controlling, controlled or commonly controlled company by others; (95) Manipulation of security prices by effecting, alone or with others, a series of transactions in securities that creates active trading to induce such a purchase or sale though manipulative devices such as marking the close, painting the tape, squeezing the float, hype and dump, boiler room operations and such other similar devices;
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(96) Manipulation of security prices by circulating or disseminating information that the price of any security listed in an Exchange will or is likely to rise or fall because of manipulative market operations of any one or more persons conducted for the purpose of raising or depressing the price of the security for the purpose of inducing the purchase or sale of such security; (97) Manipulation of security prices by making false or misleading statements with respect to any material fact, which he knew or had reasonable ground to believe was so false and misleading, for the purpose of inducing the purchase or sale of any security listed or traded in an Exchange; (98) Manipulation of security prices by effecting, alone or with others, any series of transactions for the purchase and/or sale of any security traded in an Exchange for the purpose of pegging, fixing or stabilizing the price of such security, unless otherwise allowed by the Securities Regulation Code or by the rules of the SEC; (99) Sale or purchase of any security using any manipulative deceptive device or contrivance; (100) Execution of short sales or stoploss order in connection with the purchase or sale of any security not in accordance with such rules and regulations as the SEC may prescribe as necessary and appropriate in the public interest or the protection of the investors; (101) Employment of any device, scheme or artifice to defraud in connection with the purchase and sale of any securities; (102) Obtaining money or property in connection with the purchase and sale of any security by means of any untrue statement of a material fact or any omission to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading;
(103) Engaging in any act, transaction, practice or course of action in the sale and purchase of any security which operates or would operate as a fraud or deceit upon any person; (104) Insider trading; (105) Engaging in the business of buying and selling securities in the Philippines as a broker or dealer, or acting as a salesman, or an associated person of any broker or dealer without any registration from the Commission; (106) Employment by a broker or dealer of any salesman or associated person or by an issuer of any salesman, not registered with the SEC; (107) Effecting any transaction in any security, or reporting such transaction, in an Exchange or using the facility of an Exchange which is not registered with the SEC; (108) Making use of the facility of a clearing agency which is not registered with the SEC; (109) Violations of margin requirements; (110) Violations on the restrictions on borrowings by members, brokers and dealers; (111) Aiding and Abetting in any violations of the Securities Regulation Code; (112) Hindering, obstructing or delaying the filing of any document required under the Securities Regulation Code or the rules and regulations of the SEC; (113) Violations of any of the provisions of the implementing rules and regulations of the SEC; (114) Any other violations of any of the provisions of the Securities Regulation Code. (N) Felonies or offenses of a similar nature to the aforementioned unlawful activities that are punishable under the penal laws of other countries. In determining whether or not a felony or offense punishable under the penal laws of other countries, is of a similar nature, as to constitute the same as an unlawful
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activity under the AMLA, the nomenclature of said felony or offense need not be identical to any of the predicate crimes listed under Rule 3.i. RULE 4 MONEY LAUNDERING OFFENSE Rule 4.1. Money Laundering Offense. Money laundering is a crime whereby the proceeds of an unlawful activity as herein defined are transacted, thereby making them appear to have originated from legitimate sources. It is committed by the following: (a) Any person knowing that any monetary instrument or property represents, involves, or relates to, the proceeds of any unlawful activity, transacts or attempts to transact said monetary instrument or property. (b) Any person knowing that any monetary instrument or property involves the proceeds of any unlawful activity, performs or fails to perform any act as a result of which he facilitates the offense of money laundering referred to in paragraph (a) above. (c) Any person knowing that any monetary instrument or property is required under this Act to be disclosed and filed with the Anti-Money Laundering Council (AMLC), fails to do so. RULE 5 JURISDICTION OF MONEY LAUNDERING CASES AND MONEY LAUNDERING INVESTIGATION PROCEDURES Rule 5.1. Jurisdiction of Money Laundering Cases. - The Regional Trial Courts shall have the jurisdiction to try all cases on money laundering. Those committed by public officers and private persons who are in conspiracy with such public officers shall be under the jurisdiction of the Sandiganbayan.
Rule 5.2. Investigation of Money Laundering Offenses. - The AMLC shall investigate: (a) Suspicious transactions; (b) Covered transactions deemed suspicious after an investigation conducted by the AMLC; (c) Money laundering activities; and (d) Other violations of this act. Rule 5.3. Attempts at Transactions. Section 4 (a) and (b) of the AMLA provides that any person who attempts to transact any monetary instrument or property representing, involving or relating to the proceeds of any unlawful activity shall be prosecuted for a money laundering offense. Accordingly, the reports required under Rule 9.3 (a) and (b) of these Rules shall include those pertaining to any attempt by any person to transact any monetary instrument or property representing, involving or relating to the proceeds of any unlawful activity. RULE 6 PROSECUTION OF MONEY LAUNDERING Rule 6.1. Prosecution of Money Laundering. (a) Any person may be charged with and convicted of both the offense of money laundering and the unlawful activity as defined under Rule 3 (i) of the AMLA. (b) Any proceeding relating to the unlawful activity shall be given precedence over the prosecution of any offense or violation under the AMLA without prejudice to the application Ex-Parte by the AMLC to the Court of Appeals for a Freeze Order with respect to the monetary instrument or property involved therein and resort to other remedies provided under the AMLA, the rules of court and other pertinent laws and rules.
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Rule 6.2. When the AMLC finds, after investigation, that there is probable cause to charge any person with a money laundering offense under Section 4 of the AMLA, it shall cause a complaint to be filed, pursuant to Section 7 (4) of the AMLA, before the Department of Justice or the Ombudsman, which shall then conduct the preliminary investigation of the case. Rule 6.3. After due notice and hearing in the preliminary investigation proceedings before the Department of Justice, or the Ombudsman, as the case may be, and the latter should find probable cause of a money laundering offense, it shall file the necessary information before the Regional Trial Courts or the Sandiganbayan. Rule 6.4. Trial for the money laundering offense shall proceed in accordance with the Code of Criminal Procedure or the Rules of Procedure of the Sandiganbayan, as the case may be. Rule 6.5. Knowledge of the offender that any monetary instrument or property represents, involves, or relates to the proceeds of an unlawful activity or that any monetary instrument or property is required under the AMLA to be disclosed and filed with the AMLC, may be established by direct evidence or inferred from the attendant circumstances. Rule 6.6. All the elements of every money laundering offense under Section 4 of the AMLA must be proved by evidence beyond reasonable doubt, including the element of knowledge that the monetary instrument or property represents, involves or relates to the proceeds of any unlawful activity. Rule 6.7. No element of the unlawful activity, however, including the identity of the perpetrators and the details of the actual
commission of the unlawful activity need be established by proof beyond reasonable doubt. The elements of the offense of money laundering are separate and distinct from the elements of the felony or offense constituting the unlawful activity. RULE 7 CREATION OF ANTI-MONEY LAUNDERING COUNCIL (AMLC) Rule 7.1.a. Composition. - The Anti-Money Laundering Council is hereby created and shall be composed of the Governor of the BSP as Chairman, the Commissioner of the Insurance Commission and the Chairman of the Securities and Exchange Commission as members. Rule 7.1.b. Unanimous Decision. - The AMLC shall act unanimously in discharging its functions as defined in the AMLA and in these Rules. However, in the case of the incapacity, absence or disability of any member to discharge his functions, the officer duly designated or authorized to discharge the functions of the Governor of the BSP, the Chairman of the SEC or the Insurance Commissioner, as the case may be, shall act in his stead in the AMLC. Rule 7.2. Functions. - The functions of the AMLC are defined hereunder: (1) to require and receive covered or suspicious transaction reports from covered institutions; (2) to issue orders addressed to the appropriate Supervising Authority or the covered institution to determine the true identity of the owner of any monetary instrument or property subject of a covered or suspicious transaction report, or request for assistance from a foreign State, or believed by the Council, on the basis of substantial evidence, to be, in whole or in part, wherever located, representing, involving, or related to, directly or indirectly, in any manner or by any means, the proceeds of an unlawful activity;
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(3) to institute civil forfeiture proceedings and all other remedial proceedings through the Office of the Solicitor General; (4) to cause the filing of complaints with the Department of Justice or the Ombudsman for the prosecution of money laundering offenses; (5) to investigate suspicious transactions and covered transactions deemed suspicious after an investigation by the AMLC, money laundering activities and other violations of this Act; (6) to apply before the Court of Appeals, Ex-Parte, for the freezing of any monetary instrument or property alleged to be proceeds of any unlawful activity as defined under Section 3(i) hereof; (7) to implement such measures as may be inherent, necessary, implied, incidental and justified under the AMLA to counteract money laundering. Subject to such limitations as provided for by law, the AMLC is authorized under Rule 7 (7) of the AMLA to establish an information sharing system that will enable the AMLC to store, track and analyze money laundering transactions for the resolute prevention, detection and investigation of money laundering offenses. For this purpose, the AMLC shall install a computerized system that will be used in the creation and maintenance of an information database; (8) to receive and take action in respect of any request from foreign states for assistance in their own anti-money laundering operations as provided in the AMLA. The AMLC is authorized under Sections 7 (8) and 13 (b) and (d) of the AMLA to receive and take action in respect of any request of foreign states for assistance in their own anti-money laundering operations, in respect of conventions, resolutions and other directives of the United Nations (UN), the UN Security Council, and other international organizations of which the Philippines is a
member. However, the AMLC may refuse to comply with any such request, convention, resolution or directive where the action sought therein contravenes the provisions of the Constitution, or the execution thereof is likely to prejudice the national interest of the Philippines. (9) to develop educational programs on the pernicious effects of money laundering, the methods and techniques used in money laundering, the viable means of preventing money laundering and the effective ways of prosecuting and punishing offenders. (10) to enlist the assistance of any branch, department, bureau, office, agency or instrumentality of the government, including governmentowned and -controlled corporations, in undertaking any and all anti-money laundering operations, which may include the use of its personnel, facilities and resources for the more resolute prevention, detection and investigation of money laundering offenses and prosecution of offenders. The AMLC may require the intelligence units of the Armed Forces of the Philippines, the Philippine National Police, the Department of Finance, the Department of Justice, as well as their attached agencies, and other domestic or transnational governmental or non-governmental organizations or groups to divulge to the AMLC all information that may, in any way, facilitate the resolute prevention, investigation and prosecution of money laundering offenses and other violations of the AMLA. (11) To impose administrative sanctions for the violation of laws, rules, regulations and orders and resolutions issued pursuant thereto. Rule 7.3. Meetings. - The AMLC shall meet every first Monday of the month, or as often as may be necessary at the call of the Chairman.
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RULE 8 CREATION OF A SECRETARIAT Rule 8.1. The Executive Director. - The Secretariat shall be headed by an Executive Director who shall be appointed by the AMLC for a term of five (5) years. He must be a member of the Philippine Bar, at least thirty-five (35) years of age, must have served at least five (5) years either at the BSP, the SEC or the IC and of good moral character, unquestionable integrity and known probity. He shall be considered a regular employee of the BSP with the rank of Assistant Governor, and shall be entitled to such benefits and subject to such rules and regulations, as well as prohibitions, as are applicable to officers of similar rank. Rule 8.2. Composition. - In organizing the Secretariat, the AMLC may choose from those who have served, continuously or cumulatively, for at least five (5) years in the BSP, the SEC or the IC. All members of the Secretariat shall be considered regular employees of the BSP and shall be entitled to such benefits and subject to such rules and regulations as are applicable to BSP employees of similar rank. Rule 8.3. Detail and Secondment. - The AMLC is authorized under Section 7 (10) of the AMLA to enlist the assistance of the BSP, the SEC or the IC, or any other branch, department, bureau, office, agency or instrumentality of the government, including governmentowned and controlled corporations, in undertaking any and all anti-money laundering operations. This includes the use of any member of their personnel who may be detailed or seconded to the AMLC, subject to existing laws and Civil Service Rules and Regulations. Detailed personnel shall continue to receive their
salaries, benefits and emoluments from their respective mother units. Seconded personnel shall receive, in lieu of their respective compensation packages from their respective mother units, the salaries, emoluments and all other benefits to which their AMLC Secretariat positions are entitled to. Rule 8.4. Confidentiality Provisions. - The members of the AMLC, the Executive Director, and all the members of the Secretariat, whether permanent, on detail or on secondment, shall not reveal, in any manner, any information known to them by reason of their office. This prohibition shall apply even after their separation from the AMLA. In case of violation of this provision, the person shall be punished in accordance with the pertinent provisions of the Central Bank Act. RULE 9 PREVENTION OF MONEY LAUNDERING; CUSTOMER IDENTIFICATION REQUIREMENTS AND RECORD KEEPING Rule 9.1. Customer Identification Requirements Rule 9.1.a. Customer Identification. Covered institutions shall establish and record the true identity of its clients based on official documents. They shall maintain a system of verifying the true identity of their clients and, in case of corporate clients, require a system of verifying their legal existence and organizational structure, as well as the authority and identification of all persons purporting to act on their behalf. Covered institutions shall establish appropriate systems and methods based on internationally compliant standards and adequate internal controls for verifying and recording the true and full identity of their customers.
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Rule 9.1.b. Trustee, Nominee and Agent Accounts. - When dealing with customers who are acting as trustee, nominee, agent or in any capacity for and on behalf of another, covered institutions shall verify and record the true and full identity of the person(s) on whose behalf a transaction is being conducted. Covered institutions shall also establish and record the true and full identity of such trustees, nominees, agents and other persons and the nature of their capacity and duties. In case a covered institution has doubts as to whether such persons are being used as dummies in circumvention of existing laws, it shall immediately make the necessary inquiries to verify the status of the business relationship between the parties. Rule 9.1.c. Minimum Information/ Documents Required for Individual Customers. - Covered institutions shall require customers to produce original documents of identity issued by an official authority, bearing a photograph of the customer. Examples of such documents are identity cards and passports. The following minimum information/documents shall be obtained from individual customers: (1) Name; (2) Present address; (3) Permanent address; (4) Date and place of birth; (5) Nationality; (6) Nature of work and name of employer or nature of self-employment/ business; (7) Contact numbers; (8) Tax identification number, Social Security System number or Government Service and Insurance System number; (9) Specimen signature; (10) Source of fund(s); and (11) Names of beneficiaries in case of insurance contracts and whenever applicable.
Rule 9.1.d. Minimum Information/ Documents Required for Corporate and Juridical Entities. - Before establishing business relationships, covered institutions shall endeavor to ensure that the customer is a corporate or juridical entity which has not been or is not in the process of being, dissolved, wound up or voided, or that its business or operations has not been or is not in the process of being, closed, shut down, phased out, or terminated. Dealings with shell companies and corporations, being legal entities which have no business substance in their own right but through which financial transactions may be conducted, should be undertaken with extreme caution. The following minimum information/documents shall be obtained from customers that are corporate or juridical entities, including shell companies and corporations: (1) Articles of Incorporation/ Partnership; (2) By-laws; (3) Official address or principal business address; (4) List of directors/partners; (5) List of principal stockholders owning at least two percent (2%) of the capital stock; (6) Contact numbers; (7) Beneficial owners, if any; and (8) Verification of the authority and identification of the person purporting to act on behalf of the client. Rule 9.1.e. Prohibition Against Certain Accounts. Covered institutions shall maintain accounts only in the true and full name of the account owner or holder. The provisions of existing laws to the contrary notwithstanding, anonymous accounts, accounts under fictitious names, and all other similar accounts shall be absolutely prohibited.
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Rule 9.1.f. Prohibition Against Opening of Accounts Without Face-to-face Contact. - No new accounts shall be opened and created without face-to-face contact and full compliance with the requirements under Rule 9.1.c of these Rules. Rule 9.1.g. Numbered Accounts. - Peso and foreign currency non-checking numbered accounts shall be allowed: Provided, That the true identity of the customers of all peso and foreign currency non-checking numbered accounts are satisfactorily established based on official and other reliable documents and records, and that the information and documents required under the provisions of these Rules are obtained and recorded by the covered institution. No peso and foreign currency non-checking accounts shall be allowed without the establishment of such identity and in the manner herein provided. The BSP may conduct annual testing for the purpose of determining the existence and true identity of the owners of such accounts. The SEC and the IC may conduct similar testing more often than once a year and covering such other related purposes as may be allowed under their respective charters. Rule 9.2. Record Keeping Requirements Rule 9.2.a. Record Keeping: Kinds of Records and Period for Retention. All records of all transactions of covered institutions shall be maintained and safely stored for five (5) years from the dates of transactions. Said records and files shall contain the full and true identity of the owners or holders of the accounts involved in the covered transactions and all other customer identification documents. Covered institutions shall undertake the necessary adequate security measures to ensure the confidentiality of such file. Covered institutions shall prepare and maintain documentation, in accordance with the
aforementioned client identification requirements, on their customer accounts, relationships and transactions such that any account, relationship or transaction can be so reconstructed as to enable the AMLC, and/or the courts to establish an audit trail for money laundering. Rule 9.2.b. Existing and New Accounts and New Transactions. - All records of existing and new accounts and of new transactions shall be maintained and safely stored for five (5) years from 17 October 2001 or from the dates of the accounts or transactions, whichever is later. Rule 9.2.c. Closed Accounts. - With respect to closed accounts, the records on customer identification, account files and business correspondence shall be preserved and safely stored for at least five (5) years from the dates when they were closed. Rule 9.2.d. Retention of Records in Case a Money Laundering Case has been Filed in Court. If a money laundering case based on any record kept by the covered institution concerned has been filed in court, said file must be retained beyond the period stipulated in the three (3) immediately preceding subRules, as the case may be, until it is confirmed that the case has been finally resolved or terminated by the court. Rule 9.2.e. Form of Records. Records shall be retained as originals in such forms as are admissible in court pursuant to existing laws and the applicable rules promulgated by the Supreme Court. Rule 9.3. Reporting Transactions. of Covered
Rule 9.3.a. Period of Reporting Covered Transactions and SuspiciousTransactions. - Covered institutions shall report to the AMLC all covered transactions and
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suspicious transactions within five (5) working days from occurrence thereof, unless the supervising authority concerned prescribes a longer period not exceeding ten (10) working days. Should a transaction be determined to be both a covered and a suspicious transaction, the covered institution shall report the same as a suspicious transaction. The reporting of covered transactions by covered institutions shall be deferred for a period of sixty (60) days after the effectivity of R.A. No. 9194, or as may be determined by the AMLC, in order to allow the covered institutions to configure their respective computer systems; provided that, all covered transactions during said deferment period shall be submitted thereafter. Rule 9.3.b. Covered and Suspicious Transaction Report Forms. - The Covered Transaction Report (CTR) and the Suspicious Transaction Report (STR) shall be in the forms prescribed by the AMLC. Rule 9.3.b.1. Covered institutions shall use the existing forms for Covered Transaction Reports and Suspicious Transaction Reports, until such time as the AMLC has issued new sets of forms. Rule 9.3.b.2. Covered Transaction Reports and Suspicious Transaction Reports shall be submitted in a secured manner to the AMLC in electronic form, either via diskettes, leased lines, or through internet facilities, with the corresponding hard copy for suspicious transactions. The final flow and procedures for such reporting shall be mapped out in the manual of operations to be issued by the AMLC. Rule 9.3.c. Exemption from Bank Secrecy Laws. When reporting covered or suspicious transactions to the AMLC,
covered institutions and their officers and employees, shall not be deemed to have violated R.A. No. 1405, as amended, R.A. No. 6426, as amended, R.A. No. 8791 and other similar laws, but are prohibited from communicating, directly or indirectly, in any manner or by any means, to any person the fact that a covered or suspicious transaction report was made, the contents thereof, or any other information in relation thereto. In case of violation thereof, the concerned officer and employee of the covered institution, shall be criminally liable. Rule 9.3.d. Confidentiality Provisions. When reporting covered transactions or suspicious transactions to the AMLC, covered institutions and their officers, employees, representatives, agents, advisors, consultants or associates are prohibited from communicating, directly or indirectly, in any manner or by any means, to any person, entity, or the media, the fact that a covered transaction report was made, the contents thereof, or any other information in relation thereto. Neither may such reporting be published or aired in any manner or form by the mass media, electronic mail, or other similar devices. In case of violation hereof, the concerned officer, employee, representative, agent, advisor, consultant or associate of the covered institution, or media shall be held criminally liable. Rule 9.3.e. Safe Harbor Provisions. No administrative, criminal or civil proceedings, shall lie against any person for having made a covered transaction report or a suspicious transaction report in the regular performance of his duties and in good faith, whether or not such reporting results in any criminal prosecution under this Act or any other Philippine law.
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RULE 10 APPLICATION FOR FREEZE ORDERS Rule 10.1. When the AMLC May Apply for the Freezing of Any Monetary Instrument or Property. (a) After an investigation conducted by the AMLC and upon determination that probable cause exists that a monetary instrument or property is in any way related to any unlawful activity as defined under Section 3 (i), the AMLC may file an Ex-Parte application before the Court of Appeals for the issuance of a freeze order on any monetary instrument or property subject thereof prior to the institution or in the course of, the criminal proceedings involving the unlawful activity to which said monetary instrument or property is any way related. (b) Considering the intricate and diverse web of related and interlocking accounts pertaining to the monetary instrument(s) or property(ies) that any person may create in the different covered institutions, their branches and/or other units, the AMLC may apply to the Court of Appeals for the freezing, not only of the monetary instruments or properties in the names of the reported owner(s)/holder(s), and monetary instruments or properties named in the application of the AMLC but also all other related web of accounts pertaining to other monetary instruments and properties, the funds and sources of which originated from or are related to the monetary instrument(s) or property(ies) subject of the freeze order(s). (c) The freeze order shall be effective for twenty (20) days unless extended by the Court of Appeals upon application by the AMLC. Rule 10.2. Definition of Probable Cause. - Probable cause includes such facts and circumstances which would lead a reasonably discreet, prudent or cautious man to believe that an unlawful activity
and/or a money laundering offense is about to be, is being or has been committed and that the account or any monetary instrument or property subject thereof sought to be frozen is in any way related to said unlawful activity and/or money laundering offense. Rule 10.3. Duty of Covered Institution Upon Receipt Thereof. Rule 10.3.a. Upon receipt of the notice of the freeze order, the covered institution concerned shall immediately freeze the monetary instrument or property and related web of accounts subject thereof. Rule 10.3.b. The covered institution shall likewise immediately furnish a copy of the notice of the freeze order upon the owner or holder of the monetary instrument or property or related web of accounts subject thereof. Rule 10.3.c. Within twenty-four (24) hours from receipt of the freeze order, the covered institution concerned shall submit to the Court of Appeals and the AMLC, by personal delivery, a detailed written return on the freeze order, specifying all the pertinent and relevant information which shall include the following: 1. The account number(s); 2. The name(s) of the account owner(s) or holder(s); 3. The amount of the monetary instrument, property or related web of accounts as of the time they were frozen; 4. All relevant information as to the nature of the monetary instrument or property; 5. Any information on the related web of accounts pertaining to the monetary instrument or property subject of the freeze order; and 6. The time when the freeze thereon took effect.
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Rule 10.4. Definition of Related Web of Accounts. Related Web of Accounts pertaining to the money instrument or property subject of the freeze order is defined as those accounts, the funds and sources of which originated from and/or are materially linked to the monetary instrument(s) or property(ies) subject of the freeze order(s). Upon receipt of the freeze order issued by the court of appeals and upon verification by the covered institution that the related web of accounts originated from and/or are materially linked to the monetary instrument or property subject of the freeze order, the covered institution shall freeze these related web of accounts wherever these funds may be found. The return of the covered institution as required under rule 10.3.c shall include the fact of such freezing and an explanation as to the grounds for the identification of the related web of accounts. Rule 10.5. Extension of the Freeze Order - Before the twenty (20) day period of the freeze order issued by the court of appeals expires, the AMLC may apply in the same court for an extension of said period. Upon the timely filing of such application and pending the decision of the Court of Appeals to extend the period, said period shall be deemed suspended and the freeze order shall remain effective. However, the covered institution shall not lift the effects of the freeze order without securing official confirmation from the AMLC. Rule 10.6. Prohibition Against Issuance of Freeze Orders Against Candidates for an Electoral Office During Election Period - No assets shall be frozen to the prejudice of a candidate for an electoral office during an election period.
RULE 11 AUTHORITY TO INQUIRE INTO BANK DEPOSITS Rule 11.1. Authority to Inquire into Bank Deposits with Court Order. Notwithstanding the provisions of R.A. No. 1405, as amended; R.A. No. 6426, as amended; R.A. No. 8791, and other laws, the AMLC may inquire into or examine any particular deposit or investment with any banking institution or non-bank financial institution and their subsidiaries and affiliates upon order of any competent court in cases of violation of this Act, when it has been established that there is probable cause that the deposits or investments involved are related to an unlawful activity as defined in Section 3 (i) hereof or a money laundering offense under Section 4 hereof; except in cases as provided under Rule 11.2. Rule 11.2. Authority to Inquire into Bank Deposits Without Court Order. - The AMLC may inquire into or examine deposit and investments with any banking institution or NBFI and their subsidiaries and affiliates without a Court Order where any of the following unlawful activities are involved: (a) Kidnapping for ransom under Article 267 of Act No. 3815, otherwise known as the Revised Penal Code, as amended; (b) Sections 4,5,6, 8, 9, 10, 12, 13, 14, 15 and 16 of R.A. No. 9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002; (c) Hijacking and other violations under R.A. No. 6235; destructive arson and murder, as defined under the Revised Penal Code, as amended, including those perpetrated by terrorists against noncombatant persons and similar targets. Rule 11.2.a. Procedure For Examination Without A Court Order. - Where any of the unlawful activities enumerated under the immediately preceding Rule 11.2 are
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involved, and there is probable cause that the deposits or investments with any banking or NBFI and their subsidiaries and affiliates are in anyway related to these unlawful activities the AMLC shall issue a resolution authorizing the inquiry into or examination of any deposit or investment with such banking or NBFI and their subsidiaries and affiliates concerned. Rule 11.2.b. Duty of the banking institution or non- banking institution upon receipt of the AMLC Resolution. - The banking institution or the NBFI and their subsidiaries and affiliates shall, immediately upon receipt of the AMLC Resolution, allow the AMLC and/or its authorized representative(s) full access to all records pertaining to the deposit or investment account. Rule 11.3. - BSP Authority to Examine deposits and investments; Additional Exception to the Bank Secrecy Act. - To ensure compliance with this act, the BSP may inquire into or examine any particular deposit or investment with any banking institution or NBFI and their subsidiaries and affiliates when the examination is made in the course of a periodic or special examination, in accordance with the rules of examination of the BSP. Rule 11.3.a. BSP Rules of Examination. The BSP shall promulgate its rules of examination for ensuring compliance by banks and NBFIs and their subsidiaries and affiliates with the AMLA and these rules. Any findings of the BSP which may constitute a violation of any provision of this act shall be transmitted to the AMLC for appropriate action. RULE 12 FORFEITURE PROVISIONS Rule 12.1. Authority to Institute Civil Forfeiture Proceedings. The AMLC is authorized under Section 7 (3) of the AMLA to institute civil forfeiture proceedings and
all other remedial proceedings through the Office of the Solicitor General. Rule 12.2. When Civil Forfeiture May be Applied. When there is a Suspicious Transaction Report or a Covered Transaction Report deemed suspicious after investigation by the AMLC, and the court has, in a petition filed for the purpose, ordered the seizure of any monetary instrument or property, in whole or in part, directly or indirectly, related to said report, the Revised Rules of Court on civil forfeiture shall apply. Rule 12.3. Claim on Forfeited Assets. Where the court has issued an order of forfeiture of the monetary instrument or property in a criminal prosecution for any money laundering offense under Section 4 of the AMLA, the offender or any other person claiming an interest therein may apply, by verified petition, for a declaration that the same legitimately belongs to him, and for segregation or exclusion of the monetary instrument or property corresponding thereto. The verified petition shall be filed with the court which rendered the judgment of conviction and order of forfeiture within fifteen (15) days from the date of the order of forfeiture, in default of which the said order shall become final and executory. This provision shall apply in both civil and criminal forfeiture. Rule 12.4. Payment in Lieu of Forfeiture. Where the court has issued an order of forfeiture of the monetary instrument or property subject of a money laundering offense under Section 4 of the AMLA, and said order cannot be enforced because any particular monetary instrument or property cannot, with due diligence, be located, or it has been substantially altered, destroyed, diminished in value or otherwise rendered worthless by any act or omission, directly or indirectly, attributable to the offender,
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or it has been concealed, removed, converted or otherwise transferred to prevent the same from being found or to avoid forfeiture thereof, or it is located outside the Philippines or has been placed or brought outside the jurisdiction of the court, or it has been commingled with other monetary instruments or property belonging to either the offender himself or a third person or entity, thereby rendering the same difficult to identify or be segregated for purposes of forfeiture, the court may, instead of enforcing the order of forfeiture of the monetary instrument or property or part thereof or interest therein, accordingly order the convicted offender to pay an amount equal to the value of said monetary instrument or property. This provision shall apply in both civil and criminal forfeiture. RULE 13 MUTUAL ASSISTANCE AMONG STATES Rule 13.1. Request for Assistance from a Foreign State. - Where a foreign state makes a request for assistance in the investigation or prosecution of a money laundering offense, the AMLC may execute the request or refuse to execute the same and inform the foreign state of any valid reason for not executing the request or for delaying the execution thereof. The principles of mutuality and reciprocity shall, for this purpose, be at all times recognized. Rule 13.2. Powers of the AMLC to Act on a Request for Assistance from a Foreign State. - The AMLC may execute a request for assistance from a foreign state by: (1) tracking down, freezing, restraining and seizing assets alleged to be proceeds of any unlawful activity under the procedures laid down in the AMLA and in these Rules; (2) giving information needed by the foreign state within the procedures laid down in the AMLA and in these Rules; and (3) applying for an order of forfeiture of any
monetary instrument or property in the court: Provided, That the court shall not issue such an order unless the application is accompanied by an authenticated copy of the order of a court in the requesting state ordering the forfeiture of said monetary instrument or property of a person who has been convicted of a money laundering offense in the requesting state, and a certification or an affidavit of a competent officer of the requesting state stating that the conviction and the order of forfeiture are final and that no further appeal lies in respect of either. Rule 13.3. Obtaining Assistance from Foreign States. - The AMLC may make a request to any foreign state for assistance in (1) tracking down, freezing, restraining and seizing assets alleged to be proceeds of any unlawful activity; (2) obtaining information that it needs relating to any covered transaction, money laundering offense or any other matter directly or indirectly related thereto; (3) to the extent allowed by the law of the foreign state, applying with the proper court therein for an order to enter any premises belonging to or in the possession or control of, any or all of the persons named in said request, and/or search any or all such persons named therein and/or remove any document, material or object named in said request: Provided, That the documents accompanying the request in support of the application have been duly authenticated in accordance with the applicable law or regulation of the foreign state; and (4) applying for an order of forfeiture of any monetary instrument or property in the proper court in the foreign state: Provided, That the request is accompanied by an authenticated copy of the order of the Regional Trial Court ordering the forfeiture of said monetary instrument or property of a convicted offender and an affidavit of the clerk of court stating that
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the conviction and the order of forfeiture are final and that no further appeal lies in respect of either. Rule 13.4. Limitations on Requests for Mutual Assistance. - The AMLC may refuse to comply with any request for assistance where the action sought by the request contravenes any provision of the Constitution or the execution of a request is likely to prejudice the national interest of the Philippines, unless there is a treaty between the Philippines and the requesting state relating to the provision of assistance in relation to money laundering offenses. Rule 13.5. Requirements for Requests for Mutual Assistance from Foreign States. A request for mutual assistance from a foreign state must (1) confirm that an investigation or prosecution is being conducted in respect of a money launderer named therein or that he has been convicted of any money laundering offense; (2) state the grounds on which any person is being investigated or prosecuted for money laundering or the details of his conviction; (3) give sufficient particulars as to the identity of said person; (4) give particulars sufficient to identify any covered institution believed to have any information, document, material or object which may be of assistance to the investigation or prosecution; (5) ask from the covered institution concerned any information, document, material or object which may be of assistance to the investigation or prosecution; (6) specify the manner in which and to whom said information, document, material or object obtained pursuant to said request, is to be produced; (7) give all the particulars necessary for the issuance by the court in the requested state of the writs, orders
or processes needed by the requesting state; and (8) contain such other information as may assist in the execution of the request. Rule 13.6. Authentication of Documents. - For purposes of Section 13 (f) of the AMLA and Section 7 of the AMLA, a document is authenticated if the same is signed or certified by a judge, magistrate or equivalent officer in or of, the requesting state, and authenticated by the oath or affirmation of a witness or sealed with an official or public seal of a minister, secretary of state, or officer in or of, the government of the requesting state, or of the person administering the government or a department of the requesting territory, protectorate or colony. The certificate of authentication may also be made by a secretary of the embassy or legation, consul general, consul, vice consul, consular agent or any officer in the foreign service of the Philippines stationed in the foreign state in which the record is kept, and authenticated by the seal of his office. Rule 13.7. Suppletory Application of the Revised Rules of Court. Rule 13.7.1. For attachment of Philippine properties in the name of persons convicted of any unlawful activity as defined in Section 3 (i) of the AMLA, execution and satisfaction of final judgments of forfeiture, application for examination of witnesses, procuring search warrants, production of bank documents and other materials and all other actions not specified in the AMLA and these Rules, and assistance for any of the aforementioned actions, which is subject of a request by a foreign state, resort may be had to the proceedings pertinent thereto under the Revised Rules of Court.
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Rule 13.7.2. Authority to Assist the United Nations and other International Organizations and Foreign States. - The AMLC is authorized under Section 7 (8) and 13 (b) and (d) of the AMLA to receive and take action in respect of any request of foreign states for assistance in their own anti-money laundering operations. It is also authorized under Section 7 (7) of the AMLA to cooperate with the National Government and/or take appropriate action in respect of conventions, resolutions and other directives of the United Nations (UN), the UN Security Council, and other international organizations of which the Philippines is a member. However, the AMLC may refuse to comply with any such request, convention, resolution or directive where the action sought therein contravenes the provision of the Constitution or the execution thereof is likely to prejudice the national interest of the Philippines. Rule 13.8. Extradition. The Philippines shall negotiate for the inclusion of money laundering offenses as defined under Section 4 of the AMLA among the extraditable offenses in all future treaties. With respect, however, to the state parties that are signatories to the United Nations Convention Against Transnational Organized Crime that was ratified by the Philippine Senate on 22 October 2001, money laundering is deemed to be included as an extraditable offense in any extradition treaty existing between said state parties, and the Philippines shall include money laundering as an extraditable offense in every extradition treaty that may be concluded between the Philippines and any of said state parties in the future. RULE 14 PENAL PROVISIONS Rule 14.1. Penalties for the Crime of Money Laundering.
Rule 14.1.a. Penalties under Section 4 (a) of the AMLA. - The penalty of imprisonment ranging from seven (7) to fourteen (14) years and a fine of not less than Php3.0 Million but not more than twice the value of the monetary instrument or property involved in the offense, shall be imposed upon a person convicted under Section 4 (a) of the AMLA. Rule 14.1.b. Penalties under Section 4 (b) of the AMLA. - The penalty of imprisonment from four (4) to seven (7) years and a fine of not less than Php1.5 Million but not more than Php3.0 Million, shall be imposed upon a person convicted under Section 4 (b) of the AMLA. Rule 14.1.c. Penalties under Section 4 (c) of the AMLA. - The penalty of imprisonment from six (6) months to four (4) years or a fine of not less than Php100,000.00 but not more than Php500,000.00, or both, shall be imposed on a person convicted under Section 4(c) of the AMLA. Rule 14.1.d. Administrative Sanctions. (1) After due notice and hearing, the AMLC shall, at its discretion, impose fines upon any covered institution, its officers and employees, or any person who violates any of the provisions of R.A. No. 9160, as amended by R.A. No. 9194 and rules, regulations, orders and resolutions issued pursuant thereto. The fines shall be in amounts as may be determined by the council, taking into consideration all the attendant circumstances, such as the nature and gravity of the violation or irregularity, but in no case shall such fines be less than Php100,000.00 but not to exceed Php500,000.00. The imposition of the administrative sanctions shall be without prejudice to the filing of criminal charges against the persons responsible for the violations.
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Rule 14.2. Penalties for Failure to Keep Records - The penalty of imprisonment from six (6) months to one (1) year or a fine of not less than Php100,000.00 but not more than Php500,000.00, or both, shall be imposed on a person convicted under Section 9 (b) of the AMLA. Rule 14.3. Penalties for Malicious Reporting. - Any person who, with malice, or in bad faith, reports or files a completely unwarranted or false information relative to money laundering transaction against any person shall be subject to a penalty of six (6) months to four (4) years imprisonment and a fine of not less than Php100,000.00 but not more than Php500,000.00, at the discretion of the court: Provided, That the offender is not entitled to avail the benefits of the Probation Law. Rule 14.4. Where Offender is a Juridical Person. - If the offender is a corporation, association, partnership or any juridical person, the penalty shall be imposed upon the responsible officers, as the case may be, who participated in, or allowed by their gross negligence the commission of the crime. If the offender is a juridical person, the court may suspend or revoke its license. If the offender is an alien, he shall, in addition to the penalties herein prescribed, be deported without further proceedings after serving the penalties herein prescribed. If the offender is a public official or employee, he shall, in addition to the penalties prescribed herein, suffer perpetual or temporary absolute disqualification from office, as the case may be. Rule 14.5. Refusal by a Public Official or Employee to Testify. - Any public official or employee who is called upon to testify and refuses to do the same or purposely fails to testify shall suffer the same penalties prescribed herein.
Rule 14.6. Penalties for Breach of Confidentiality. The punishment of imprisonment ranging from three (3) to eight (8) years and a fine of not less than Php500,000.00 but not more than Php1.0 Million, shall be imposed on a person convicted for a violation under Section 9(c). In case of a breach of confidentiality that is published or reported by media, the responsible reporter, writer, president, publisher, manager and editor-in-chief shall be liable under this act. RULE 15 PROHIBITIONS AGAINST POLITICAL HARASSMENT Rule 15.1. Prohibition against Political Persecution. - The AMLA and these Rules shall not be used for political persecution or harassment or as an instrument to hamper competition in trade and commerce. No case for money laundering may be filed to the prejudice of a candidate for an electoral office during an election period. Rule 15.2. Provisional Application; Exception. Remedies
Rule 15.2.a. - The AMLC may apply, in the course of the criminal proceedings, for provisional remedies to prevent the monetary instrument or property subject thereof from being removed, concealed, converted, commingled with other property or otherwise to prevent its being found or taken by the applicant or otherwise placed or taken beyond the jurisdiction of the court. However, no assets shall be attached to the prejudice of a candidate for an electoral office during an election period. Rule 15.2.b. - Where there is conviction for money laundering under Section 4 of the AMLA, the court shall issue a judgment of forfeiture in favor of the Government of the Philippines with respect to the
APP. 52 08.12.31
monetary instrument or property found to be proceeds of one or more unlawful activities. However, no assets shall be forfeited to the prejudice of a candidate for an electoral office during an election period. RULE 16 RESTITUTION Rule 16. Restitution. - Restitution for any aggrieved party shall be governed by the provisions of the New Civil Code. RULE 17 IMPLEMENTING RULES AND REGULATIONS AND MONEY LAUNDERING PREVENTION PROGRAMS Rule 17.1. Implementing Rules and Regulations. (a) Within thirty (30) days from the effectivity of R.A. No. 9160, as amended by R.A. No. 9194, the BSP, the Insurance Commission and the Securities and Exchange Commission shall promulgate the Implementing Rules and Regulations of the AMLA, which shall be submitted to the Congressional Oversight Committee for approval. (b) The Supervising Authorities, the BSP, the SEC and the IC shall, under their own respective charters and regulatory authority, issue their Guidelines and Circulars on antimoney laundering to effectively implement the provisions of R.A. No. 9160, as amended by R.A. No. 9194. Rule 17.2. Money Laundering Prevention Programs. Rule 17.2.a. Covered institutions shall formulate their respective money laundering prevention programs in accordance with Section 9 and other pertinent provisions of the AMLA and these Rules, including, but not limited to, information dissemination on money
laundering activities and their prevention, detection and reporting, and the training of responsible officers and personnel of covered institutions, subject to such guidelines as may be prescribed by their respective supervising authority. Every covered institution shall submit its own money laundering program to the supervising authority concerned within the non-extendible period that the supervising authority has imposed in the exercise of its regulatory powers under its own charter. Rule 17.2.b. Every money laundering program shall establish detailed procedures implementing a comprehensive, institutionwide know-your-client policy, set-up an effective dissemination of information on money laundering activities and their prevention, detection and reporting, adopt internal policies, procedures and controls, designate compliance officers at management level, institute adequate screening and recruitment procedures, and set-up an audit function to test the system. Rule 17.2.c. Covered institutions shall adopt, as part of their money laundering programs, a system of flagging and monitoring transactions that qualify as suspicious transactions, regardless of amount or covered transactions involving amounts below the threshold to facilitate the process of aggregating them for purposes of future reporting of such transactions to the AMLC when their aggregated amounts breach the threshold. All covered institutions, including banks insofar as non-deposit and nongovernment bond investment transactions are concerned, shall incorporate in their money laundering programs the provisions of these Rules and such other guidelines for reporting to the AMLC of all transactions that engender the reasonable belief that a money laundering offense is about to be, is being, or has been committed.
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Rule 17.3. Training of Personnel. Covered institutions shall provide all their responsible officers and personnel with efficient and effective training and continuing education programs to enable them to fully comply with all their obligations under the AMLA and these Rules. Rule 17.4. Amendments. - These Rules or any portion thereof may be amended by unanimous vote of the members of the AMLC and submitted to the Congressional Oversight Committee as provided for under Section 19 of R.A. No. 9160, as amended by R.A. No. 9194. RULE 18 CONGRESSIONAL OVERSIGHT COMMITTEE Rule 18.1. Composition of Congressional Oversight Committee. - There is hereby created a Congressional Oversight Committee composed of seven (7) members from the Senate and seven (7) members from the House of Representatives. The members from the Senate shall be appointed by the Senate President based on the proportional representation of the parties or coalitions therein with at least two (2) Senators representing the minority. The members from the House of Representatives shall be appointed by the Speaker also based on proportional representation of the parties or coalitions therein with at least two (2) members representing the minority. Rule 18.2. Powers of the Congressional Oversight Committee. - The Oversight Committee shall have the power to promulgate its own rules, to oversee the implementation of this Act, and to review or revise the implementing rules issued by the Anti-Money Laundering Council within thirty (30) days from the promulgation of the said rules.
RULE 19 APPROPRIATIONS FOR AND BUDGET OF THE AMLC Rule 19.1. Budget. The budget of Php25.0 million appropriated by Congress under the AMLA shall be used to defray the initial operational expenses of the AMLC. Appropriations for succeeding years shall be included in the General Appropriations Act. The BSP shall advance the funds necessary to defray the capital outlay, maintenance and other operating expenses and personnel services of the AMLC subject to reimbursement from the budget of the AMLC as appropriated under the AMLA and subsequent appropriations. Rule 19.2. Costs and Expenses. - The budget shall answer for indemnification for legal costs and expenses reasonably incurred for the services of external counsel in connection with any civil, criminal or administrative action, suit or proceedings to which members of the AMLC and the Executive Director and other members of the Secretariat may be made a party by reason of the performance of their functions or duties. The costs and expenses incurred in defending the aforementioned action, suit or proceeding may be paid by the AMLC in advance of the final disposition of such action, suit or proceeding upon receipt of an undertaking by or on behalf of the member to repay the amount advanced should it be ultimately determined that said member is not entitled to such indemnification. RULE 20 SEPARABILITY CLAUSE Rule 20. Separability Clause. - If any provision of these Rules or the application thereof to any person or circumstance is held to be invalid, the other provisions of these Rules, and the application of such provision or Rule to other persons or circumstances, shall not be affected thereby.
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RULE 21 REPEALING CLAUSE Rule 21. Repealing Clause. All laws, decrees, executive orders, rules and regulations or parts thereof, including the relevant provisions of R.A. No. 1405, as amended; R.A. No. 6426, as amended; R.A. No. 8791, as amended, and other similar laws, as are inconsistent with the AMLA, are hereby repealed, amended or modified accordingly. RULE 22 EFFECTIVITY OF THE RULES Rule 22. Effectivity. These Rules shall take effect after its approval by the Congressional Oversight Committee and fifteen (15) days after its complete
publication in the Official Gazette or in a newspaper of general circulation. RULE 23 TRANSITORY PROVISIONS Rule 23.1. - Transitory Provisions. - Existing freeze orders issued by the AMLC shall remain in force for a period of thirty (30) days after effectivity of this act, unless extended by the Court of Appeals. Rule 23.2. - Effect of R.A. No. 9194 on Cases for Extension of Freeze Orders Resolved by the Court of Appeals. - All existing freeze orders which the Court of Appeals has extended shall remain effective, unless otherwise dissolved by the same court.
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Anti-Money Laundering Council Resolution No. 292
RULES ON SUBMISSION OF COVERED TRANSACTION REPORTS AND SUSPICIOUS TRANSACTION REPORTS BY COVERED INSTITUTIONS1
1. All covered institutions are required to file STRs on transactions involving all kinds of monetary instruments or property. 2. Banks shall file CTRs on transactions involving all kinds of monetary instruments or property, i.e., in cash or non-cash, whether in domestic or foreign currency. 3. Covered institutions, other than banks, shall file CTRs on transactions in cash or foreign currency or other monetary instruments (other than checks) or properties. Due to the nature of the transactions in the stock exchange, only the brokers-dealers shall be required to file CTRs and STRs. The PSE, PCD, SCCP and transfer agents are exempt from filing CTRs. They, are however, required to file STRs when the transactions that pass through them are deemed to be suspicious. 4. Where the covered institution engages in bulk transactions with a bank, i.e., deposits of premium payments in bulk or settlements of trade, and the bulk transactions do not distinguish clients and their respective transaction amounts, said
covered institutions shall be required to file CTRs on its clients whose transactions exceed P500,000 and are included in the bulk transactions. 5. With respect to insurance companies, when the total amount of the premiums for the entire year, regardless of the mode of payment (monthly, quarterly, semi-annually or annually), exceeds P500,000, such amount shall be reported as a covered transaction, even if the amounts of the amortizations are less than the threshold amount. The CTR shall be filed upon payment of the first premium amount, regardless of the mode of payment. Under this rule, the insurance company shall file the CTR only once every year until the policy matures or rescinded, whichever comes first. 6. The submission of CTRs is deferred until the AMLC directs otherwise. Submission of STRs, however, are not deferred and covered institutions are mandated to submit such STRs when the circumstances so require.
a. The Anti-Money Laundering Council (AMLC), in the exercise of its authority under Sections 7(1) and 9 of Republic Act No. 9160, otherwise known as the Anti-Money Laundering Act of 2001, as amended, and its Revised Implementing Rules and Regulations, resolved to: (1) Defer reporting by covered institutions to AMLC of the following non-cash, no/low risk covered transactions: Transactions between banks and the BSP; Transactions between banks operating in the Philippines; Internal operating expenses of the banks; Transactions between banks and government agencies; Transactions involving transfer of funds from one deposit account to another deposit account of the same person within the same bank; Roll-overs of placements of time deposits; and Loan interest/principal payment debited against borrowers deposit account maintained with the lending bank. (2) Request the BSP-supervised institutions, through the Association of Bank Compliance Officers (ABCOMP), to determine and report to AMLC the specific transactions falling within the purview of the aforesaid BSP-identified categories on non-cash, no/low risk covered transactions. b. All covered institutions should: (1) Submit corresponding electronic copy version, in the required format, of those STRs previously submitted in hard copy or the hard copy version of those submitted only in electronic form, as the case may be, retroactive to 05 January 2004; and (2) Re-submit in required electronic form, those CTRs that have been submitted previously in hard copy or in diskette not in the required format, retroactive to 23 March 2003.
1
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It has come to the Councils attention that a number of banks failed to file Suspicious Transaction Reports (STRs) in cases involving deposit of fraudulent or spurious checks based on the impression that only either the original depository bank or drawee bank has the obligation to file the required STR. Some banks are also of the impression that the filing to the BSP of Reports on Crimes and Losses involving deposit of fraudulent or spurious checks dispenses with the filing of STR with the AMLC. A check deposit usually involves three (3) parties: the depositor, the depository bank and the drawee bank. In cases where the depository bank has no clearing facilities, the check is deposited to another bank (presenting bank) which has clearing facilities, which shall then present the check to the drawee bank for payment. Necessarily, each movement of the check creates a contractual relationship between the transacting parties, i.e., between the depositor and the depository bank; between the depository bank and the presenting bank; and between the presenting bank and the drawee bank. In other words, the initial deposit of a check with a depository bank, its deposit with another bank (in case the original depository bank has no clearing facilities), and its presentment to the drawee bank for payment are all deemed separate or individual transactions, as defined under Section 3 (h) of R.A. 9160, as amended. In case a fraudulent or spurious check is deposited and the drawee bank detects the fraudulent issuance and/or negotiation thereof, it necessarily informs the presenting bank of the dishonor of the check and the reason for such dishonor.
It becomes incumbent upon the drawee bank to report to the AMLC the fraudulent transaction. The presenting bank, in turn, informs the depository bank of the dishonor of the check. Evidently, all the transacting banks are actually informed of the fraudulent character of the check. As the deposit and presentment of the fraudulent check are related to the unlawful activity of Estafa, such transactions are deemed suspicious and all transacting banks should file STRs with the AMLC within five (5) working days from occurrence thereof, or from the time they are notified or become aware of the fraudulent or spurious character of the check involved in the transactions, pursuant to Section 9 (c) of the AMLA. The Council resolved to enjoin all banks to strictly comply with the requirement on reporting of suspicious transactions and remind them of the following: 1. A bank through which a fraudulent or spurious check passes, either as depository, presenting, or drawee bank, shall file the corresponding STR pursuant to Section 9 (c) of R.A. No. 9160, as amended. 2. The STR shall be filed within five (5) working days from the occurrence of the transaction, or from the time the concerned bank is notified or becomes aware of the spurious character of the check or the fraudulent nature of the transaction. 3. The filing with the BSP of a Report on Crimes and Losses relating to the deposit of a fraudulent or spurious check does not dispense with the filing of the STR with the AMLC pursuant to Section 9 (c) of R.A. 9160, as amended.
(CL-2007-010 dated 28 February 2007)
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CUSTOMER DUE DILIGENCE FOR BANKS AND NON-BANK FINANCIAL INTERMEDIARIES PERFORMING QUASI-BANKING FUNCTIONS
1. Customer acceptance policy Banks should develop clear customer acceptance policies and procedures, including a description of the types of customer that are unacceptable to bank management. In preparing such policies, factors such as customers background, country of origin, public or high profile position, business activities or other risk indicators should be considered. Banks should develop graduated customer acceptance policies and procedures that require more extensive due diligence for high risk customers. For example, the policies may require the most basic account-opening requirements for a working individual with a small account balance, whereas quite extensive due diligence may be deemed essential for an individual with a high net worth whose source of funds is unclear. Decisions to enter into business relationships with high risk customers, such as individuals holding important/prominent positions, public or private (see below), should be taken exclusively at senior management level. 2. Customer identification Customer identification is an essential element of KYC standards. A customer is defined as any person or entity that keeps an account with a bank and any person or entity on whose behalf an account is maintained, as well as the beneficiaries of transactions conducted by professional financial intermediaries. Specifically, a customer should include an account holder and the beneficial owner of an account. A customer should also include the beneficiary of a trust, an investment fund, a
pension fund or a company whose assets are managed by an asset manager, or the grantor of a trust. Banks should establish a systematic procedure for verifying the identity of new customers and should never enter a business relationship until the identity of a new customer is satisfactorily established. Banks should document and enforce policies for identification of customers and those acting on their behalf.1 The best documents for verifying the identity of customers are those most difficult to obtain illicitly and to counterfeit, such as passport, drivers license or alien certificate of registration. Special attention should be exercised in the case of non-resident customers and in no case should a bank shortcircuit identity procedures just because the new customer is unable to present himself for interview. The bank should always ask itself why the customer has chosen to open an account in a foreign jurisdiction. The customer identification process applies naturally at the outset of the relationship, but there is also a need to apply KYC standards to existing customer accounts. Where such standards have been introduced only recently and do not as yet apply fully to existing customers, a risk assessment exercise can be undertaken and priority given to obtaining necessary information, where it is deficient, in respect of the higher risk cases. An appropriate time to review the information available on existing customers is when a transaction of significance takes place, or when there is a material change in the way that the account is operated. However, if a bank is aware that it lacks sufficient information about an
Core Principles Methodology, Essential Criterion 2.
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existing high-risk customer, it should take steps to ensure that all relevant information is obtained as quickly as possible. In addition, the supervisor needs to set an appropriate target date for completion of a KYC review and regularization of all existing accounts. In any event, a bank should undertake regular reviews of its customer base to establish that it has up-to-date information and a proper understanding of its account holders identity and of their business. Banks that offer private banking services are particularly exposed to reputational risk. Private banking by nature involves a large measure of confidentiality. Private banking accounts can be opened in the name of an individual, a commercial business, a trust, an intermediary or a personalized investment company. In each case reputational risk may arise if the bank does not diligently follow established KYC procedures. In no circumstances should private banking operations function autonomously, or as a bank within a bank1 , and no part of the bank should ever escape the required procedures. This means that all new clients and new accounts should be approved by at least one person other than the private banking relationship manager. If particular safeguards are put in place internally to protect confidentiality of private banking customers and their business, banks must still ensure that at least equivalent scrutiny and monitoring of these customers and their business can be conducted, e.g., they must be open to review by compliance officers and auditors. 2.1 General identification requirements Banks need to obtain all information necessary to establish to their full satisfaction the identity of each new
customer and the purpose and intended nature of the business relationship. The extent and nature of the information depends on the type of applicant (personal, corporate, etc.) and the expected size of the account. National supervisors are encouraged to provide guidance to assist banks in their designing their own identification procedures. Examples of the type of information that would be appropriate are set out in Annex B-1. Banks should apply their full KYC procedures to applicants that plan to transfer an opening balance from another FI, bearing in mind that the previous account manager may have asked for the account to be removed because of a concern about dubious activities. Banks should never agree to open an account or conduct ongoing business with a customer who insists on anonymity or bearer status or who gives a fictitious name. Nor should confidential numbered2 accounts function as anonymous accounts but they should be subject to exactly the same KYC procedures as all other customer accounts, even if the test is carried out by selected staff. Whereas a numbered account can offer additional protection for the identity of the account-holder, the identity must be known to a sufficient number of staff to operate proper due diligence. Such accounts should in no circumstances be used to hide the customer identity from a banks compliance function or from the supervisors. Banks need to be vigilant in preventing corporate business entities from being used by natural persons as a method of operating anonymous accounts. Personal asset holding vehicles, such as international business companies (IBCs), may make proper identification of customers or beneficial owners difficult.
Some banks insulate their private banking functions or create Chinese walls as a means of providing additional protection for customer confidentiality. In a numbered account, the name of the beneficial owner is known to the bank but is substituted by an account number or code name in subsequent documentation.
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A bank should take all steps necessary to satisfy itself that it knows the true identity of the ultimate owner of all such entities. 2.2 Specific identification issues There are a number of more detailed issues relating to customer identification which need to be addressed. Particular comments are invited on the issues mentioned in this section. Several of these are currently under consideration by the FATF as part of a general review of its forty (40) recommendations, and the Working Group recognizes the need to be consistent with the FATF. 2.2.1 Trust, nominee and fiduciary accounts or client accounts opened by professional intermediaries Trust, nominee and fiduciary accounts can be used to avoid customer identification procedures. While it may be legitimate under certain circumstances to provide an extra layer of security to protect the confidentiality of legitimate private banking customers, it is essential that the true relationship is understood. Banks should establish whether the customer is acting on behalf of another person as trustee, nominee or professional intermediary (e.g., a lawyer or an accountant). If so, a necessary precondition is receipt of satisfactory evidence of the identity of any intermediaries and of the persons upon whose behalf they are acting, as well as details of the nature of the trust or other arrangements in place. Banks may hold pooled accounts (e.g., client accounts managed by law firms) or accounts opened on behalf of pooled entities, such as mutual funds and money managers. In such cases, banks have to decide, given the circumstances, whether the customer is the intermediary, or whether it would be more appropriate to look through the intermediary to the ultimate beneficial owners. In each case, the identity of the customer that is subject
to due diligence should be clearly established. The beneficial owners should be verified where possible. Where not, the banks should perform due diligence on the intermediary and establish to its complete satisfaction that the intermediary has a sound due diligence process for each of its clients. Special care needs to be exercised in initiating business transactions with companies that have nominee shareholders or shares in bearer form. Satisfactory evidence of the identity of beneficial owners of all companies needs to be obtained. The above procedures may prove difficult for banks in some countries to follow. In the case of professional intermediaries such as lawyers, there might exist professional codes of conduct preventing the dissemination of information concerning their clients. The FATF is currently engaged in a review of KYC procedures governing accounts opened by lawyers on behalf of clients. The Working Group has therefore not taken a definitive position on this issue. 2.2.2 Introduced business The performance of identification procedures can be time consuming and there is a natural desire to limit any inconvenience for new customers. In some countries, it has therefore become customary for banks to rely on the procedures undertaken by other banks or introducers when business is being referred. In doing so, banks risk placing excessive reliance on the due diligence procedures that they expect the introducers to have performed. Relying on due diligence conducted by an introducer, however reputable, does not in any way remove the ultimate responsibility of the recipient bank to know its customers and their business. In particular, banks should not rely on introducers that are subject to
APP. 52c 08.12.31
weaker standards than those governing the banks own KYC procedures or that are unwilling to share copies of due diligence documentation. The FATF is currently engaged in a review of the appropriateness of eligible introducers, i.e., whether they should be confined to reputable banks only or should extend to other regulated institutions, whether a bank should establish a contractual relationship with its introducers and whether it is appropriate to rely on a third party introducer at all. The Working Group is still developing its thinking on this topic. 2.2.3 Reputational risk Business relationship with individuals holding important/prominent positions, public or private , and with persons or companies clearly related to them may expose a bank to significant reputational and/or legal risks. Accepting and managing funds from such persons could put at risk the banks own reputation and can undermine public confidence in the ethical standards of an entire financial centre, since such cases usually receive extensive media attention and strong political reaction, even if the illegal origin of the assets is often difficult to prove. In addition, the bank may be subject to costly information requests and seizure orders from law enforcement or judicial authorities (including international mutual assistance procedures in criminal matters) and could be liable to actions for damages by the state concerned or the victims of a regime. Under certain circumstances, the bank and/ or its officers and employees themselves can be exposed to charges of money laundering, if they know or should have known that the funds stemmed from corruption or other serious crimes.
3. On-going monitoring of high risk accounts On-going monitoring of accounts and transactions is an essential aspect of effective KYC procedures. Banks can only effectively control and reduce their risk if they have an understanding of normal and reasonable account activity of their customers. Without such knowledge, they are likely to fail in their duty to report suspicious transactions to the appropriate authorities in cases where they are required to do so. The on-going monitoring process includes the following: Banks should develop clear standards on what records must be kept on customer identification and individual transactions and the retention period.1 As the starting point and natural follow-up of the identification process, banks should obtain and keep up to date customer identification papers and retain them for at least five (5) years after an account is closed. They should also retain all financial transaction records for at least five (5) years after the transaction has taken place. Banks should ensure that they have adequate management information systems to provide managers and compliance officers with timely information needed to identify, analyze and effectively monitor higher risk customer accounts. The types of reports that may be needed include reports of missing account opening documentation, transactions made through a customer account that are unusual, and aggregations of a customers total relationship with the bank. Senior management of a bank in charge of private banking business should know the personal circumstances of the banks large/important customers and be alert to sources of third party information. Every bank should draw its
Core Principles Methodology, Essential Criterion 2.
APP. 52c 08.12.31
own distinction between large/important customers and others, and set threshold indicators for them accordingly, taking into account the country of origin and other risk factors. Significant transactions by high-risk customers should be approved by a senior manager. Banks should have systems in place to detect unusual or suspicious patterns of activity. This can be done by establishing limits for a particular class or category of accounts. Particular attention should be paid to transactions that exceed these limits. Certain types of transactions should alert banks to the possibility that the customer is conducting undesirable activities. They may include transactions that do not make economic or commercial sense, or that involve large amounts of cash deposits that are not consistent with the normal and expected transactions of the customer. Very high account turnover, inconsistent with the size of the balance, may indicate that funds are being washed through the account. A list of suspicious activities drawn up by supervisors can be very helpful to banks. Bank should develop a clear policy and internal guidelines, procedures and controls and remain especially vigilant regarding business relationships with individuals holding important/prominent positions, public or private, and high profile individuals or with persons and companies that are clearly related to or associated with them.1 4. Risk Management Effective KYC procedures embrace routines for proper management oversight, systems and controls, segregation of duties, training and other
related policies. The board of directors of the bank should be fully committed to an effective KYC programme by establishing appropriate procedures and ensuring their effectiveness. Banks should appoint a senior officer with explicit responsibility for ensuring that the banks policies and procedures are, at a minimum, in accordance with local supervisory practice. Banks should have clear written procedures, communicated to all personnel, for staff to report suspicious transactions to a specified senior manager. That manager must then assess whether the banks statutory obligations under recognized suspicious activity reporting regimes require the transaction to be reported to the appropriate law enforcement and supervisory authorities. All banks must have an ongoing employee-training programme so that bank staff is adequately trained in KYC procedures. The timing and content of training for various sectors of staff will need to be adapted by the bank for its own needs. Training requirements should have a different focus for new staff, frontline staff, compliance staff or staff dealing with new customers. New staff should be educated in the importance of KYC policies and the basic requirements at the bank. Front-line staff members who deal directly with the public should be trained to verify the customer identity for new customers, to exercise due diligence in handling accounts of existing customers on an ongoing basis and to detect patterns of suspicious activity. Regular refresher training should be provided to ensure that staff is reminded of their responsibilities
It is unrealistic to expect the bank to know or investigate every distant family, political or business connection of a foreign customer. The need to pursue suspicions will depend on the size of the assets or turnover, pattern of transactions, economic background, reputation of the country, plausibility of the customers explanations etc. It should however be noted that individuals holding important/prominent positions, public or private (or rather their family members and friends) would not necessarily present themselves in that capacity, but rather as ordinary (albeit wealthy) business people, masking the fact they owe their high position in a legitimate business corporation only to their privileged relation with the holder of the public office.
APP. 52c 08.12.31
and is kept informed of new developments. It is crucial that all relevant staff fully understand the need for and implement KYC policies consistently. A culture within banks that promotes such understanding is the key to successful implementation. Banks internal audit and compliance functions have important responsibilities in evaluating and ensuring adherence to KYC policies and procedures. As a general rule, the compliance function provides an independent evaluation of the banks own policies and procedures, including legal and regulatory requirements. Its responsibilities should include ongoing monitoring of staff performance through sample testing of compliance and review of exception reports to alert senior
management or the Board of Directors if it believes management is failing to address KYC procedures in a responsible manner. Internal audit plays an important role in independently evaluating the risk management and controls, discharging its responsibility to the Audit Committee of the board of directors or a similar oversight body through periodic evaluations of the effectiveness of compliance with KYC policies and procedures. Management should ensure that audit functions are staffed adequately with individuals who are wellversed in such policies and procedures. In addition, internal auditors should be proactive in following-up their findings and criticisms.
APP. 52d 08.12.31
GENERAL IDENTIFICATION REQUIREMENTS
This annex presents a suggested list of identification requirements for personal customers and corporates. National supervisors are encouraged to provide guidance to assist banks in designing their own identification procedures. Personal customers For personal customers, banks need to obtain the following information: 1. Name and/or names used; 2. Permanent residential address; 3. Date and place of birth; 4. Name of employer or nature of selfemployment/business; 5. Specimen signature; and 6. Source of funds. Additional information would relate to nationality or country of origin, public or high profile position, etc. Banks should verify the information against original documents of identity issued by an official authority (examples including identity cards and passports). Such documents should be those that are most difficult to obtain illicitly. In countries where new customers do not possess the prime identity documents, e.g., identity cards, passports or driving licenses,
some flexibility may be required. However, particular care should be taken in accepting documents that are easily forged or which can be easily obtained in false identities. Where there is face to face contact, the appearance should be verified against an official document bearing a photograph. Any subsequent changes to the above information should also be recorded and verified. Corporate and other business customers For corporate and other business customers, banks should obtain evidence of their legal status, such as an incorporation document, partnership agreement, association documents or a business licence. For large corporate accounts, a financial statement of the business or a description of the customers principal line of business should also be obtained. In addition, if significant changes to the company structure or ownership occur subsequently, further checks should be made. In all cases, banks need to verify that the corporation or business entity exists and engages in its stated business. The original documents or certified copies of certificates should be produced for verification.
APP. 52e 08.12.31
General Guide to Account Opening and Customer Identification
1. The Basel Committee on Banking Supervision in its paper on Customer Due Diligence for Banks published in October 2001 referred to the intention of the Working Group on Cross-border Banking1 to develop guidance on customer identification. Customer identification is an essential element of an effective customer due diligence programme which banks need to put in place to guard against reputational, operational, legal and concentration risks. It is also necessary in order to comply with anti-money laundering legal requirements and a prerequisite for the identification of bank accounts related to terrorism. 2. What follows is account opening and customer identification guidelines and a general guide to good practice based on the principles of the Basel Committees Customer Due Diligence for Banks paper. This document, which has been developed by the Working Group on Cross-border Banking, does not cover every eventuality, but instead focuses on some of the mechanisms that banks can use in developing an effective customer identification programme. 3. These guidelines represent a starting point for supervisors and banks in the area of customer identification. This document does not address the other elements of the Customer Due Diligence for Banks paper, such as the ongoing monitoring of accounts. However, these elements should be considered in the development of effective customer due diligence, anti-money laundering and combating the financing of terrorism procedures.
4. These guidelines may be adapted for use by national supervisors who are seeking to develop or enhance customer identification programmes. However, supervisors should recognize that any customer identification programme should reflect the different types of customers (individual vs. institution) and the different levels of risk resulting from a customers relationship with a bank. Higher risk transactions and relationships, such as those with politically exposed persons or organizations, will clearly require greater scrutiny than lower risk transactions and accounts. 5. Guidelines and best practices created by national supervisors should also reflect the various types of transactions that are most prevalent in the national banking system. For example, non-face-to-face opening of accounts may be more prevalent in one country than another. For this reason the customer identification procedures may differ between countries. 6. Some identification documents are more vulnerable to fraud than others. For those that are most susceptible to fraud, or where there is uncertainty concerning the validity of the document(s) presented, the bank should verify the information provided by the customer through additional inquiries or other sources of information. 7. Customer identification documents should be retained for at least five (5) years after an account is closed. All financial transaction records should be retained for at least five (5) years after the transaction has taken place.
1 The Working Group on Cross-border Banking is a joint group consisting of members of the Basel Committee and of the Offshore Group of Banking Supervisors.
APP. 52e 08.12.31
8. These guidelines are divided into two (2) sections covering different aspects of customer identification. Section A describes what types of information should be collected and verified for natural persons seeking to open accounts or perform transactions. Section B describes what types of information should be collected and verified for institutions and is in two (2) parts, the first relating to corporate vehicles and the second to other types of institutions. 9. All the terms used in these guidelines have the same meaning as in the Customer Due Diligence for Banks paper. Section A. Natural Persons 10. For natural persons the following information should be obtained, where applicable: legal name and any other names used (such as maiden name); correct permanent address (the full address should be obtained; a Post Office box number is not sufficient); telephone number, fax number, and e-mail address; date and place of birth; nationality; occupation, public position held and/or name of employer; an official person identification number or other unique identifier contained in an unexpired official document (e.g., passport, identification card, residence permit, social security records, driving license) that bears a photograph of the customer; type of account and nature of the banking relationship; signature. 11. The bank should verify this information by at least one of the following methods:
confirming the date of birth from an official document (e.g., birth certificate, passport, identity card, social security records); confirming the permanent address (e.g., utility bill, tax assessment, bank statement, a letter from a public authority); contacting the customer by telephone, by letter or by e-mail to confirm the information supplied after an account has been opened (e.g., a disconnected phone, returned mail, or incorrect e-mail address should warrant further investigation); confirming the validity of the official documentation provided through certification by an authorized person (e.g., embassy official, notary public). 12. The examples quoted above are not the only possibilities. In particular jurisdictions there may be other documents of an equivalent nature which may be produced as satisfactory evidence of customers identity. 13. FIs should apply equally effective customer identification procedures for nonface-to-face customers as for those available for interview. 14. From the information provided in paragraph 10, FIs should be able to make an initial assessment of a customers risk profile. Particular attention needs to be focused on those customers identified thereby as having a higher risk profile and additional inquiries made or information obtained in respect of those customers to include the following: evidence of an individuals permanent address sought through a credit reference agency search, or through independent verification by home visits; personal reference (i.e., by an existing customer of the same institution); prior bank reference and contact with the bank regarding the customer; source of wealth; and
APP. 52e 08.12.31
verification of employment, public position held (where appropriate). 15. For one-off or occasional transactions where the amount of the transaction or series of linked transactions does not exceed an established minimum monetary value, it might be sufficient to require and record only name and address. 16. It is important that the customer acceptance policy is not so restrictive that it results in a denial of access by the general public to banking services, especially for people who are financially or socially disadvantaged. Section B. Institutions 17. The underlying principles of customer identification for natural persons have equal application to customer identification for all institutions. Where in the following the identification and verification of natural persons is involved, the foregoing guidance in respect of such persons should have equal application. 18. The term institution includes any entity that is not a natural person. In considering the customer identification guidance for the different types of institutions, particular attention should be given to the different levels of risk involved. I. Corporate Entities 19. For corporate entities (i.e., corporations and partnerships), the following information should be obtained: name of institution; principal place of institutions business operations; mailing address of institution; contact telephone and fax numbers; some form of official identification number, if available (e.g., TIN); the original or certified copy of the Certificate of Incorporation and Memorandum and Articles of Association;
the resolution of the Board of Directors to open an account and identification of those who have authority to operate the account; and nature and purpose of business and its legitimacy. 20. The bank should verify this information by at least one of the following methods: for established corporate entities reviewing a copy of the latest report and accounts (audited if available); conducting an enquiry by a business information service, or an undertaking from a reputable and known firm of lawyers or accountants confirming the documents submitted; undertaking a company search and/or other commercial inquiries to see that the institution has not been, or is not in the process of being, dissolved, struck off, wound up or terminated; utilizing an independent information verification process, such as by accessingpublic and private databases; obtaining prior bank references; visiting the corporate entity, where practical; and contacting the corporate entity by telephone, mail or e-mail. 21. The bank should also take reasonable steps to verify the identity and reputation of any agent that opens an account on behalf of a corporate customer, if that agent is not an officer of the corporate customer. Corporations/Partnerships 22. For corporations/partnerships, the principal guidance is to look behind the institution to identify those who have control over the business and the companys/partnerships assets, including those who have ultimate control. For corporations, particular attention should be paid to shareholders, signatories, or others who inject a significant proportion of the
APP. 52e 08.12.31
capital or financial support or otherwise exercise control. Where the owner is another corporate entity or trust, the objective is to undertake reasonable measures to look behind that company or entity and to verify the identity of the principals. What constitutes control for this purpose will depend on the nature of a company, and may rest in those who are mandated to manage funds, accounts or investments without requiring further authorization, and who would be in a position to override internal procedures and control mechanisms. For partnerships, each partner should be identified and it is also important to identify immediate family members that have ownership control. 23. Where a company is listed on a recognized stock exchange or is a subsidiary of such a company then the company itself may be considered to be the principal to be identified. However, consideration should be given to whether there is effective control of a listed company by an individual, small group of individuals or another corporate entity or trust. If this is the case then those controllers should also be considered to be principals and identified accordingly. II. Other Types of Institution 24. For the account categories referred to paragraphs 26 to 34, the following information should be obtained in addition to that required to verify the identity of the principals: name of account; mailing address; contact telephone and fax numbers; some form of official identification number, if available (e.g., TIN); description of the purpose/activities of the account holder (e.g., in a formal constitution); and
copy of documentation confirming the legal existence of the account holder (e.g., register of charities). 25. The bank should verify this information by at least one of the following: obtaining an independent undertaking from a reputable and known firm of lawyers or accountants confirming the documents submitted; obtaining prior bank references; and accessing public and private databases or official sources. Retirement Benefit Programmes 26. Where an occupational pension programme, employee benefit trust or share option plan is an applicant for an account the trustee and any other person who has control over the relationship (e.g., administrator, programme manager, and account signatories) should be considered as principals and the bank should take steps to verify their identities. Mutuals/Friendly Societies, Cooperatives and Provident Societies 27. Where these entities are an applicant for an account, the principals to be identified should be considered to be those persons exercising control or significant influence over the organizations assets. This will often include board members plus executives and account signatories. Charities, Clubs and Associations 28. In the case of accounts to be opened for charities, clubs, and societies, the bank should take reasonable steps to identify and verify at least two signatories along with the institution itself. The principals who should be identified should be considered to be those persons exercising control or significant influence over the organizations assets. This will often include members of a governing body
APP. 52e 08.12.31
or committee, the president, any board members, the treasurer, and all signatories. 29. In all cases, independent verification should be obtained that the persons involved are true representatives of the institution. Independent confirmation should also be obtained of the purpose of the institution. Trusts and Foundations 30. When opening an account for a trust, the bank should take reasonable steps to verify the trustee(s), the settler(s) of the trust (including any persons settling assets into the trust) any protector(s), beneficiary(ies), and signatories. Beneficiaries should be identified when they are defined. In the case of a foundation, steps should be taken to verify the founder, the managers/ directors and the beneficiaries. Professional Intermediaries 31. When a professional intermediary opens a client account on behalf of a single client that client must be identified. Professional intermediaries will often open pooled accounts on behalf of a number of entities. Where funds held by the intermediary are not co-mingled but where there are sub-accounts which can be attributable to each beneficial owner, all beneficial owners of the account held by the intermediary should be identified. Where the funds are co-mingled, the bank should look through to the beneficial owners; however, there may be circumstances which should be set out in supervisory guidance where the bank may
not need to look beyond the intermediary (e.g., when the intermediary is subject to the same due diligence standards in respect of its client base as the bank). 32. Where such circumstances apply and an account is opened for an open or close-ended investment company, unit trust or limited partnership which is also subject to the same diligence standards in respect of its client base as the bank, the following should be considered as principals and the bank should take steps to identify: the fund itself; its directors or any controlling board where it is a company; its trustee where it is a unit trust; its managing (general) partner where it is a limited partnership; account signatories; and any other person who has control over the relationship, e.g., fund administrator or manager. 33. Where other investment vehicles are involved, the same steps should be taken as in paragraph 32 where it is appropriate to do so. In addition, all reasonable steps should be taken to verify the identity of the beneficial owners of the funds and of those who have control of the funds. 34. Intermediaries should be treated as individual customers of the bank and the standing of the intermediary should be separately verified by obtaining the appropriate information drawn from the itemized lists included in paragraphs 19-20 above.
(As amended by CL-2007-010 dated 28 February 2007)
APP. 52f 08.12.31

Series of 2005
Pursuant to Section 9-c of the AntiMoney Laundering Act, as amended, covered institutions (CIs) shall report to the AMLC all covered transactions and suspicious transactions within five (5) working days from occurrence thereof, subject to the circumstances described in Resolution No. 292 dated 24 October 2003 which remains in full force and effect. WHEREFORE, the Council, resolves as it hereby resolved, to approve the following policies and guidelines in reckoning CIs compliance with the prescribed reporting period: 1. The following non-working days are excluded from the counting of the prescribed reporting period: weekend (Saturday and Sunday) official regular national holiday officially declared national holiday (special non-working day nationwide) officially declared local holiday in the locality where AMLC Secretariat Office is located 2. A non-reporting day may be declared by the AMLC Secretariat when the File Transfer and Reporting Facility (FTRF), used by the CIs in transmitting their electronic reports to AMLC, is unavailable to all CIs for at least five (5) consecutive hours during the day AMLC-declared non-reporting day is excluded from the counting of the prescribed reporting period. The Executive Director of the AMLC Secretariat (or the Officer-in-charge) is authorized to declare such day as a "nonreporting day upon notification and justification by the Deputy Director of IMAS AMLC Secretariat.
3. Local holidays, except for officially declared local holidays in the locality where the AMLC Secretariat Office is located, are treated as working days even for CIs located in such locality declared as on holiday, and hence, included in the counting of the prescribed reporting period. However, the CIs affected may file a deviation request with the AMLC Secretariat. CIs request for deviation shall be subject to approval of the Executive Director of the AMLC Secretariat (or the Officer-in-charge) upon recommendation of the Deputy Director of IMAS AMLC Secretariat. It shall be the basis of manually recomputing whatever penalties that would be automatically computed by TMAS. 4. Officially-declared non-working days in localities or regions affected by natural calamities such as flood, typhoon, earthquake, etc. may be excluded from the counting of the prescribed reporting period for CIs located in affected localities or regions subject to submission of deviation request by the CI. CIs request for deviation shall be subject to approval of the Executive Director of the AMLC Secretariat (or the Officer-in-charge) upon recommendation of the Deputy Director of IMAS AMLC Secretariat. It shall be the basis of manually recomputing whatever penalties that would be automatically computed by TMAS. WHEREFORE, the Council, resolves as it hereby resolved, to consider and include the foregoing policies and guidelines in the ongoing development and implementation of AMLCs Transaction Monitoring and Analysis System (TMAS) and specifically, for the computation of the penalty for delayed reporting by the CIs.
Appendix 52f - Page 1
APP. 53 08.12.31
CERTIFICATION OF COMPLIANCE WITH ANTI-MONEY LAUNDERING REGULATIONS

(Appendix to Subsec. X801.6) CERTIFICATION Pursuant to the provisions of Section 2 of BSP Circular No. 279 dated 02 April 2001, we hereby certify: 1. That we have monitored (Name of Bank)s compliance with R.A. No. 9160 (Anti-Money Laundering Act of 2001) as well as with BSP Circular Nos. 251, 253, 259 and 302; That the Bank is complying with the required customer identification, documentation of all new clients, and continued monitoring of customers activities; That the Bank is also complying with the requirement to record all transactions and to maintain such records including the record of customer identification for at least five (5) years; That the Bank does not maintain anonymous or fictitious accounts; and That we conduct regular anti-money laundering training sessions for all bank officers and selected staff members holding sensitive positions.
2. 3.
4. 5.
(Name of President or officer of equivalent rank)
(Name of Compliance Officer)
SUBSCRIBED AND SWORN to before me, this _____day of _____________, affiants exhibiting to me their Residence Certificates as follows: Name Community Tax Cert. No Date/Place Issued
Doc. No. _________; Page No. _________; Book No. _________; Series of 20___.
Notary Public
APP. 54 05.12.31
DETAILS ON THE COMPUTATION OF QUARTERLY INTEREST PAYMENTS CREDITED TO THE DEMAND DEPOSIT ACCOUNTS OF BANKS' LEGAL RESERVE DEPOSITS WITH BSP
(Appendix to Subsec. X254.3) The following are the pertinent information on the computation of quarterly interest payments credited to the demand deposit accounts (DDAs) of banks legal reserve deposits with BSP. 1. BSP Circular No. 262, as amended, (for regular DDA) and Memorandum to All Banks and Other Financial Intermediaries Performing Trust, Other Fiduciary Business and Investment Management Activities (for CTF and TOFA), as amended, both dated 18 October 2000 state that computation of quarterly interest payments due on banks/ non-banks legal reserve deposits with the BSP is based on the lower of their outstanding daily DDA balance and forty percent (40%) of the reserve requirement (excluding liquidity reserve). Interest rate is at four percent (4%) per annum and interest base at 365 days. 2. The daily DDA balance used in the computation of interest may be obtained from the semi-monthly demand deposit statements of account balances that are available electronically to banks through EFTIS (for PhilPaSS participants) or monthly through the DDA statements sent by mail (for nonPhilPaSS participants). 3. The data on reserve requirements are based on the institutions Consolidated Daily Report of Condition (CDRC) (CBP7.16.01) submitted to the SRSO on a weekly basis that includes Schedule of Required and Available Reserves on Deposits and Deposit Substitutes Liabilities. Unless SRSO furnishes an amended data, the banks computation in the Schedule is used in determining the forty percent (40%) of the reserve requirement that shall be compared with the outstanding daily balance, in arriving at the amount of interest credit. 4. The interest credit to each DDA is supported by a credit advice which indicates the period covered by the payment. For PhilPaSS participants, the credit advices are released through their authorized bank representatives together with the cancelled checks drawn against the institutions DDA with the BSP while for non-PhilPaSS participants, the credit advices are sent by mail together with their DDA Statement of Accounts.
APP. 55 08.12.31
SMALL AND MEDIUM ENTERPRISE UNIFIED LENDING OPPORTUNITIES FOR NATIONAL GROWTH BANK ACCREDITATION APPLICATION FOR RURAL AND THRIFT BANKS ELIGIBILITY AND DOCUMENTARY REQUIREMENTS (Appendix to Subsec. X342.15) Requirements
1. CAMELS rating should be at least 3.0 2. Compliance with the ten percent (10%) maximum ratio of DOSRI past due loans 3. No loan with LBP and BSP, Quedancor, PBSP, SBGFC, PhilExim, DBP, and SSS in arrears. Rediscounting privileges with BSP and LBP not suspended 4. Past due loans and items in litigation is not in excess of the industry average plus two percent (2%) but not to exceed twenty five percent (25%) (based on latest quarterly report of BSP) 5. Not deficient in loan loss provisions/reserves 6. Ratio of acquired assets to total assets is not more than industry average plus two percent (2%) but not to exceed fifteen percent (15%) 7. Positive results of operations in the last preceding calendar year. If such is negative, the average income of the past two (2) or three (3) years should at least be positive 8. Not deficient in bank reserves for the last six (6) months preceding the filing of application 9. Ratio of accrued interest receivables to surplus (free) plus undivided profits is less than 100% 10. The bank is owned and managed by the same persons (key officers) at least for the last two (2) years 11. No derogatory information gathered on the officers and directors of the bank 12. Compliance with corporate governance
Documents to be submitted
Latest report of BSP bank examination Copy of quarterly report submitted to BSP Credit investigation report by GFI credit and appraisal management unit or department
Copy of the Consolidated Statement of Condition and Income & Expense as submitted to BSP
Certification from BSP Copy of the latest computation of the risk-based capital adequacy ratio cover for credit risk under Sec. X116 Copy of latest interim financial statements as submitted to BSP
Copy of weekly report submitted to BSP or BSP certification Copy of latest interim financial statements as submitted to BSP Applicants records
GFI Credit and Appraisal Management Unit or Department Applicants reply to questionnaire on comparison of BSP mandated practices with actual practices
APP. 55 08.12.31
SMALL AND MEDIUM ENTERPRISE UNIFIED LENDING OPPORTUNITIES FOR NATIONAL GROWTH
LENDING FEATURES OF SHORT-TERM LOANS Loan Purpose
Target Industries
Export Financing (Export Packing Credit)

All industries except trading of imported goods, of liquor and cigarettes, extractive industries At least sixty percent (60%) Filipino-owned whose assets are not more than P100 million, excluding the value of the land Seventy percent (70%) of the value of LC/PO; maximum of P5.0 million Nine percent (9.00%) Maximum of one (1) year Post dated check Registered/Unregistered REM/ CHM Assignment of LC or PO Assignment of life insurance Guarantee cover P2,000 for every P1 million Plus front-end fee of one-half of one percent ( of 1%) of approved loan
Credit Line (Temporary Working Capital)

All industries except trading of imported goods, of liquor and cigarettes, in extractive industries At least sixty percent (60%) Filipinoowned whose assets are not more than P100 million, excluding the value of the land Seventy percent (70%) of working capital requirement; maximum of P5.0 million Nine percent (9.00%) Maximum of one (1) year Post dated check Registered/Unregistered REM/CHM Assignment of life insurance Guarantee cover Corporate Guarantee (if franchisee) Assignment of lease rights (if franchisee) P2,000 for every P1 million Plus front-end fee of one-half of one percent ( of 1%) of approved loan
Eligible Enterprises
Maximum Financing Interest Rate** Repayment Term Collateral*
Evaluation and Service Fees
Financial Profile of the Borrower: Debt-Equity Ratio Profitability At most 80:20 after the loan Positive income for last year. (If past years income is negative, the average income of past two (2) or three (3) years should be positive) Based on industry standards At most 80:20 after the loan At most 70:30 (if franchisee) Positive income for last year. (If past years income is negative, the average income of past two (2) or three (3) years should be positive) Based on industry standards
Other Ratios
* The Program will not decline a loan only on the basis of inadequate collateral. However, the borrower must be willing to mortgage all available business and personal collateral, including assets to be acquired from the loan to secure the borrowing. ** Applicable to all loan applications with complete requirements received up to 30 June 2003. A GFI committee shall be set up to review the pricing thereafter on a quarterly basis.
APP. 55 08.12.31
SMALL AND MEDIUM ENTERPRISE UNIFIED LENDING OPPORTUNITIES FOR NATIONAL GROWTH
LENDING FEATURES OF LONG-TERM LOANS
Loan Purpose
a) Purchase of equipment b) Building construction c) Purchase of lot d) Purchase of inventories permanent working capital All industries except trading of imported goods, of liquor and cigarettes, in extractive industries and in housing projects At least sixty percent (60%) Filipino-owned whose assets are not more than P100.0 million, excluding the value of the land Eighty percent (80%) of the incremental project cost; maximum of P5.0 million 3-year T-Bond rate + 2% (3-year loan)* 5-year T-Bond rate + 2% (5-year loan)* Maximum of five (5) years, inclusive of maximum one (1) year grace period on principal monthly amortization Post dated check Registered/Unregistered REM/CHM Assignment of life insurance Corporate guarantee (if franchisee) Assignment of lease rights (if franchisee) P2,000 for every P1.0 million Plus front-end fee of of 1% of approved loan and commitment fee of 125% of unavailed balance
Target Industries
Eligible Enterprises
Maximum Financing Interest Rate Repayment Term
Collateral**
Evaluation and Service Fees
* Based on yield of bonds with three (3) or five (5) year remaining loan tenor as per MART 1 of Bloomberg. As of 22 January 2003, MART 1-Bloomberg, 3-year term loan has a yield of 9.25% and 5 year term loan has a yield of 10.75%. With a premium of 2%, the 3-year rate will be set at 11.25% and the 5-year rate at 12.75%. ** The Program will not decline a loan only on the basis of inadequate collateral. However, the borrower must be willing to mortgage all available business and personal collateral, including assets to be acquired from the loan to secure the borrowing.
APP. 55 08.12.31
Financial Profile of the Borrower: Debt-Equity Ratio Profitability At most 80:20 after the loan At most 70:30 (if franchisee) Positive income for last year. (If past years income is negative, the average income of past two (2) or three (3) years should be positive) Based on industry standards
Other Ratios
APP. 56 08.12.31
TRANSFER/SALE OF NON-PERFORMING ASSETS TO A SPECIAL PURPOSE VEHICLE OR TO AN INDIVIDUAL

(Appendix to Subsec. X394.10) The following procedures shall govern the transfer/sale of NPAs to a SPV or to an individual that involves a single family residential unit, or transactions involving dacion en pago by the borrower or third party of a non-performing loan (NPL), for the purpose of obtaining the COE which is required to avail of the incentives provided under R.A. No. 9182, as amended by R.A. No. 9343. a. Prior to the filing of any application for transfer/sale of NPAs, a bank shall coordinate with the BSP through the SDC and the appropriate department of the SES to develop a reconciled and finalized master list of its eligible NPAs. For this purpose, banks were requested to submit a complete inventory of their NPAs in the format prescribed under Circular Letter dated 07 January 2003. Only NPAs included in the master list that meet the definition of NPA, NPL and ROPA under R.A. No. 9182 may qualify for the COE. The banks shall be provided a copy of their reconciled and finalized master list for their guidance. Only banks which have not yet submitted their master list of NPAs and intend to avail of the incentives and fee privileges of the SPV Act 2nd Phase implementation are allowed to submit a complete inventory of their NPAs in the format prescribed under Circular Letter dated 07 January 2003. Banks which have already submitted to BSP a master list of NPAs as of 30 June 2002 in the 1st Phase implementation of the SPV Act will not be allowed to submit a new/amended master list. b. An application for eligibility of specific NPAs shall be filed in writing (hard copy) by the selling bank with the BSP through the appropriate department of the SES for each proposed transfer of asset/s. Although no specific form is prescribed, the applicant shall describe in sufficient detail its proposed transaction, identifying its counterparty/ies and disclosing the terms, conditions and all material commitments related to the transaction. c. For applications involving more than ten (10) NPA accounts, the list of NPAs to be transferred/sold shall be submitted in soft copy (by electronic mail or diskette) in excel format using the prescribed data structure/format for NPLs and ROPAs to the appropriate department of the SES of the applicant bank at the following addresses: [email protected] [email protected] [email protected] [email protected] For applications involving ten (10) NPA accounts or less, it is preferable that the list be submitted also in soft copy. The applicant may opt to submit the list in hard copy, provided all the necessary information shown in the prescribed data structure that are relevant to each NPL or ROPA to be transferred/sold will be indicated. The list to be submitted in hard copy would be ideal for the sale/transfer of NPAs that involve one (1) promissory note and/or one (1) asset item per account. d. The application shall be accompanied by a written certification signed by a senior officer with a rank of at least senior vice president or equivalent, who is authorized by the board of directors, or by the country head, in the case of foreign banks, that:
APP. 56 08.12.31
(1) the assets to be sold/transferred are NPAs as defined under the SPV Act of 2002; (2) the proposed sale/transfer of said NPAs is under a true sale; (3) the notification requirement to the borrowers has been complied with; and (4) the maximum ninety (90)-day period for renegotiation and restructuring has been complied with. Items "3" and "4" above shall not apply if the NPL has become a ROPA after 30 June 2002. e. In the case of dacion en pago by the borrower or a third party to a bank, the application for COE on the NPL being settled shall be accompanied by a Deed of Dacion executed by the borrower, the third party, the registered owner of the property and the bank. f. The appropriate department of the SES may conduct an on-site review of the NPLs and ROPAs proposed to be transferred/sold. After the on-site review, the application for transfer/sale shall be submitted to the Deputy Governor, SES for approval and for the issuance of the corresponding COE. g. Upon the issuance of the SPV Application Number by the BSP, a bank shall be charged a processing fee, as follows: (1) 1/100 of one percent (1%) of the book value of NPAs transferred or the
transfer price, whichever is higher, but not below P25,000 if the transfer is made to an SPV; (2) 1/100 of 1% of the book value of the NPL but not below P5,000 in case of a dacion en pago arrangement by an individual or corporate borrower; (3) P5,000 if the transfer involves a single family residential unit to an individual. h. An SPV that intends to transfer/sell to a third party an NPA that is covered by a COE previously issued by the BSP shall file an application for such transfer/sale with the SEC which shall issue the corresponding COE based on the data base of COEs maintained at the BSP. An individual who intends to transfer/sell an NPA that involves a single family residential unit he had acquired that is covered by a COE shall file an application for another COE with the BSP through the bank from which the NPA was acquired. The individual shall indicate in his application the previous COE issued for the NPA he had acquired and the name, address and TIN of the transferee/buyer of the NPA. A processing fee of P5,000 shall be collected by BSP upon issuance of the SPV Application Number by the BSP.
(As amended by M-2006-001 dated 11 May 2006)
APP. 56a 08.12.31
ACCOUNTING GUIDELINES ON THE SALE OF NON-PERFORMING ASSETS TO SPECIAL PURPOSE VEHICLES AND TO QUALIFIED INDIVIDUALS FOR HOUSING UNDER THE SPECIAL PURPOSE VEHICLE ACT OF 2002
(Appendix to Subsec. X394.10) General Principles These guidelines set out alternative regulatory accounting treatment of the sale of non-performing assets (NPAs) by banks and other financial institutions (FIs) under BSP supervision to Special Purpose Vehicles (SPVs) and to qualified individuals for housing under R.A. No. 9182, otherwise known as The Special Purpose Vehicle (SPV) Act of 2002. The guidelines recognize that banks/ FIs may need temporary regulatory relief, in addition to tax relief under the SPV Law, particularly in the timing of recognition of losses, so that they may be encouraged to maximize the sale of their NPAs even at substantial discounts: Provided, however, That in the interest of upholding full transparency and sustaining market discipline, banks/FIs that avail of such regulatory relief shall fully disclose its impact in all relevant financial reports. The guidelines cover the following areas: (1) Derecognition of NPAs sold/ transferred to an SPV and initial recognition of financial instruments issued by the SPV to the selling bank/FI as partial or full settlement of the NPAs sold/transferred to the SPV; (2) Subsequent measurement of the carrying amount of financial instruments issued by the SPV to the selling bank/FI; (3) Capital adequacy ratio (CAR) calculation; and (4) Disclosure requirement on the selling bank/FI. The sale/transfer of NPAs to SPV referred to in these guidelines shall be in the nature of a true sale pursuant to Section 13 of the SPV Law and its Implementing Rules and Regulations. I. Derecognition of NPAs Sold and Initial Recognition of Financial Instruments Received A bank/FI should derecognize an NPA in accordance with the provisions of PAS 39 (for financial assets such as loans and securities) and PASs 16 and 40 (for nonfinancial assets such as land, building and equipment). A sale of NPA qualifying as a true sale pursuant to Section 13 of the SPV Law and its Implementing Rules and Regulations but not qualifying for derecognition under PASs 39, 16 and 40 may nonetheless, be derecognized. Provided: That the bank/FI shall disclose such fact, in addition to al other disclosures provided in this Memorandum. On derecognition, any excess of the carrying amount of the NPA (i.e., net of specific allowance for probable loss after booking the BSP recommended valuation reserve) over the proceeds received in the form of cash and/or financial instruments issued by the SPV represents an actual loss that should be charged to current periods operations. However, a bank/FI may use any existing specific allowance for probable losses on NPA sold: (1) to cover any unbooked (specific/ general) allowance for probable losses; and (2) to apply the excess, if any, as additional (specific/general) allowance for probable losses, on remaining assets, in which case the carrying amount of the NPA (which is
APP. 56a 08.12.31
compared with the proceeds received for purposes of determining the actual loss) shall be the gross amount of the NPA: Provided, That the use of such existing specific allowance for probable losses on the NPA sold as provisions against remaining assets shall be properly disclosed The loss may, moreover, be booked under Deferred Charges account which should be written down over the next ten (10) years based on the following schedule:
End of Period From Date of Transaction Cumulative Write-down of Deferred Charges
"Investments in Non-Marketable Equity Securities (INMES)" for equity instruments. Consolidation of SPV with Bank/FI Even if the sale of NPAs to SPV qualifies for derecognition, a bank/FI shall consolidate the SPV in the audited consolidated financial statements when the relationship between the bank/FI and the SPV indicates that the SPV is controlled by the bank/FI in accordance with the provisions of SIC (Standing Interpretations Committee) - 12 Consolidation - Special Purpose Entities." II. Subsequent Measurement of Financial Instruments Received (a) A bank/FI should assess at end of each fiscal year or more frequently whether there is any objective evidence or indication based on analysis of expected net cash inflows that the carrying amount of financial instruments issued by an SPV may be impaired. A financial instrument is impaired if its carrying amount (i.e., net of specific allowance for probable loss) is greater than its estimated recoverable amount. The estimated recoverable amount is determined based on the net present value of expected future cash flows discounted at the current market rate of interest for a similar financial instrument. In applying discounted cash flow analysis, a bank/FI should use the discount rate(s) equal to the prevailing rate of return for financial instruments having substantially the same terms and characteristics, including the creditworthiness of the issuer. (b) Alternatively, the estimated recoverable amount of the financial instruments may be determined based on an updated estimate of residual net present value (NPV) of the issuing SPV. The estimated recoverable amount of the financial instrument shall be the present value of the excess of expected cash inflows (e.g., proceeds from the sale of collaterals and/or ROPAs, which in no case shall
Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10
5% 10% 15% 25% 35% 45% 55% 70% 85% 100%
Provided, That the staggered booking of actual loss on sale/transfer of the NPA shall be properly disclosed. In case the face amounts of the financial instruments exceed the excess of the carrying amount of the NPA over the cash proceeds, the same shall be adjusted by setting up specific allowance for probable losses so that no gain shall be recognized from the transaction. The carrying amount of the NPA shall be initially assumed to be the NPA's fair value. The excess of the carrying amount of the NPA over the cash proceeds or the face amounts of the financial instruments, whichever is lower, shall then be the initial cost of financial instruments received. Banks/FIs shall book such financial instruments under the general ledger account "Unquoted Debt Securities Classified as Loans" for debt instruments or
APP. 56a 08.12.31
exceed the contract price of the NPAs sold/ transferred, interest on the reinvestment of proceeds) over expected cash outflows (e.g., direct costs to sell, administrative expenses, principal and interest payments on senior obligations, interest payments on the financial instruments). The fair market value of the collateral and/or ROPAs should under this method be considered only under the following conditions: (1) The appraisal was performed by an independent appraiser acceptable to the BSP; and (2) The valuation of the independent appraiser is based on current market valuation of similar assets in the same locality as underlying collateral rather than other valuation methods such as replacement cost, etc. The assumptions regarding the timing of sale, the direct cost to sell, administrative expenses, reinvestments rate and current market rate should be disclosed in sufficient detail in the audited financial statements. The applicable discount rate should be based on the implied stripped yield of the Treasury note or bond for the tenor plus an appropriate risk premium. (c) In case of impairment, the carrying amount of the financial instrument should be reduced to its estimated recoverable amount, through the use of specific allowance for probable losses account that should be charged to current periods operations. However, at the end of the fiscal year the sale/ transfer of NPA occurred, such setting up of specific allowance for probable losses account may be booked on a staggered basis over the next ten (10) years based on the following schedule:
End of Period From Date of Transaction Cumulative Booking of Allowance for Probable Losses
Year Year Year Year Year Year Year Year Year
2 3 4 5 6 7 8 9 10
10% 15% 25% 35% 45% 55% 70% 85% 100%
Year 1
5%
Provided, That the staggered booking of impairment, if any, upon remeasurement of financial instruments at end of the fiscal year the sale/transfer of the NPA occurred shall be properly disclosed. After initially recognizing an impairment loss, the bank/FI should review the financial instruments for future impairment in subsequent financial reporting date. If in a subsequent period, the estimated recoverable amount of the financial instrument decreases, the bank/FI should immediately book additional allowance for probable losses corresponding to the decrease. However, a bank/FI may stagger the booking of such additional allowance for probable losses in such a way that it catches up and keeps pace with the original deferral schedule (e.g., if the impairment occurred in Year 8, a bank/FI should immediately book seventy percent (70%) at end of Year 8, and thereafter, additional fifteen percent (15%) each at end of Year 9 and Year 10, respectively): Provided, That the staggered booking of impairment, if any, upon remeasurement of financial instruments shall be properly disclosed. If in a subsequent period, the estimated recoverable amount of the financial instrument increases exceeding its carrying amount, and the increase can be objectively related to an event occurring after the write-down, the write-down of the financial instruments should be reversed by adjusting the specific allowance for probable losses account. The reversal should not result in a carrying amount of
APP. 56a 08.12.31
the financial instrument that exceeds what the cost would have been had the impairment not been recognized at the date the writedown of the financial instrument is reversed. The amount of the reversal should be included in the profit for the period. Illustrative accounting entries for derecognition of NPAs, initial recognition of financial instruments issued by the SPV, and subsequent measurement of the carrying amount of the financial instrument are in Annex A. III. Capital Adequacy Ratio (CAR) Calculation Banks/FIs may, for purposes of calculating capital adequacy ratio (CAR), likewise stagger over a period of seven (7) years the recognition of: (1) actual loss on sale/transfer of NPAs; and (2) impairment, if any, upon re-measurement of financial instruments, in accordance with the following schedule:
End of Period From Date of Transaction Cumulative Recognition of Losses/Impairment
The financial instruments received by the selling bank/FI shall be risk weighted in accordance with Sec. X116. A bank/FI may declare cash dividend on common and/or preferred stock notwithstanding deferred recognition of loss duly authorized by the BSP. IV. Disclosure Banks/FIs should disclose as Additional Information in periodic reports submitted to the BSP, as well as in published reports and audited financial statements and all relevant financial reports the specific allowance for probable losses on NPAs sold used as provisions against remaining assets, the staggered recognition of actual loss on sale/transfer of NPAs and/or impairment, if any, on the remeasurement of financial instruments. In addition, banks/FIs which receive financial instruments issued by the SPVs as partial or full settlement of the NPAs transferred to the SPVs should disclose in the audited financial statements the method used and the significant assumptions applied in estimating the recoverable amount of the financial instruments, including the timing of the sale, the direct cost to sell, administrative expenses, reinvestment rate, current market rate, etc. (The pro-forma disclosure requirements on the staggered recognition of actual loss on sale/transfer of NPAs and/or impairment, if any, on the remeasurement of financial instruments are shown in Annex B.)
Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10
5% 10% 15% 25% 35% 45% 55% 70% 85% 100%
ILLUSTRATIVE ACCOUNTING ENTRIES TO RECORD SALE OF NPAs TO SPV UNDER THE SPV LAW OF 2002 UNDER DEFERRED RECOGNITION OF LOSS/IMPAIRMENT OF FINANCIAL INSTRUMENTS
Mode of Payment (Cash, Financial Instruments)

Cash Only (30, 0) Financial Instruments Only (0, 120) Part Cash, Part Financial Instruments2 (30, 90) Part Cash, Part Financial Instruments 1 (30,100) Part Cash, Part Financial Instruments (30, 70)

120 20 100 30 0 15 15 15 15 120 100 90 20 100 0 20 100 30 20 100 30 120 120 120 120 20 100 30 70 15
Assumptions:
Loans/ROPAs, gross Allowance for probable losses Loans/ROPAs, net Cash payment received Financial instruments received Unbooked valuation reserves on remaining assets
Annex A
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Face amounts of financial instruments exceed the excess of the gross amount of the NPAs over the cash proceeds. Face amounts of financial instruments do not exceed the excess of the gross amount of the NPAs over the cash proceeds.
APP. 56a 08.12.31 Part Cash, Part Cash, Part Cash, Part Part Financial Part Financial Instruments Financial Financial Instruments 1 Instruments 2 Instruments Only (30, 100) (30, 90) (0, 120) (30, 70)
Cash Only Accounting Entries 1 Allowance for Probable Losses NPAs sold Allowance For Probable LossesRemaining Assets (For unbooked provisions) (As additional provisions) To record the reclassification of existing specific allowance for credit losses on NPAs sold as provisions against remaining assets. 2 Cash Unquoted Debt Securities Classified as Loans/INMES Deferred Charges Loans/ROPAs Allowance for Credit Losses Unquoted Debt Securities Classified as Loans/INMES To record the sale of NPAs, receipt of cash and/or financial instruments, and deferred recognition of loss, if any. 3 Amortization Deferred Charges Deferred Charges To record annual write down of deferred charges based on schedule of staggered booking of losses. xxx xxx 30 0 90 120 0 (30, 0)
Debit Credit Debit Credit Debit Credit Debit Credit Debit Credit 20 15 5 20 15 5 20 15 5 20 15 5 20 15 5
0 120 0 120 0
30 100 0 120 10
30 90 0 120 0
30 70 20 120 0
0 0
0 0
0 0
xxx xxx
Face amounts of financial instruments exceed the excess of the gross amount of the NPAs over the cash proceeds. 2 Face amounts of financial instruments do not exceed the excess of the gross amount of the NPAs over the cash proceeds.
1
APP. 56a 08.12.31 Part Cash, Part Cash, Part Cash, Part Part Financial Part Financial Financial Cash Only Instruments Financial Only Instruments 1 Instruments 2 Instruments (30, 90) (0, 120) (30, 70) (30, 0) (30, 100) Debit Credit Debit Credit Debit Credit Debit Credit Debit Credit 4 Provision for Credit Losses Unquoted Debt Securities Classified as Loans/INMES Allowance for Credit Losses Unquoted Debt Securities Classified as Loans/INMES To record annual build up of allowance for credit losses on financial instruments based on schedule of staggered booking of allowance for credit losses.
Accounting Entries
xxx 0 xxx
xxx xxx
xxx xxx
xxx xxx
Face amounts of financial instruments exceed the excess of the gross amount of the NPAs over the cash proceeds. 2 Face amounts of financial instruments do not exceed the excess of the gross amount of the NPAs over the cash proceeds.
1
APP. 56a 08.12.31
Annex B
PRO-FORMA DISCLOSURE REQUIREMENT

A. Statement of Condition Particulars Additional Information: NPAs sold, gross Allowance for credit losses (specific) on NPAs sold Allowance for credit losses (specific) on NPAs sold applied to: Unbooked allowance for credit losses: Specific General Additional allowance for credit losses Specific General Cash received Financial instruments received, gross Less: Allowance for credit losses (specific) Carrying amount of financial instruments received Less: Unbooked allowance for credit losses (specific) Adj. carrying amount of financial instruments received Deferred charges, gross Less: Deferred charges written down Carrying amount of deferred charges B. Statement of Income and Expenses Qualified for Derecognition Under PFRS/PAS Amount Not Qualified for Derecognition Under PFRS/PAS xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx Qualified for Derecognition Under PFRS/PAS xxx xxx Amount Not Qualified for Derecognition Under PFRS/PAS xxx xxx
Total xxx xxx
xxx xxx xxx xxx
xxx xxx xxx xxx
xxx xxx xxx xxx
Particulars Additional Information: Net income after income tax (with regulatory relief) Less: Deferred charges not yet written down Unbooked allowance for credit losses (specific) on financial instruments received Total deduction less: Deferred tax liability, if applicable Net deductions Net income/loss after income tax (without regulatory relief)
Total
xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx
APP. 56b 08.12.31
SIGNIFICANT TIMELINES RELATIVE TO THE IMPLEMENTATION OF R.A. NO. 9182, ALSO KNOWN AS THE SPECIAL PURPOSE VEHICLE ACT, AS AMENDED BY R.A. NO. 9343
(Appendix to Subsec. X394.10) A. Filing of Applications with the SEC for Establishing an SPV Under Section 6 of R.A. No. 9182, as amended by R.A. No. 9343, applications for the establishment and registration of an SPV shall be filed with the SEC within eighteen (18) months from the effectivity of the amendatory Act (i.e., up to 14 November 2007). B. Sale/Transfer of NPAs Entitled to Tax Exemptions and Fee Privileges The following transactions enumerated as Items 1 to 6 of Section 15 of the IRR of the SPV Law are entitled to the tax exemptions and fee privileges under the same Section only if such transactions occur within two (2) years from the effectivity of the amendatory Act or from 14 May 2006 to 14 May 20081: 1. The transfer of the NPL by the bank to an SPV; 2. The transfer of the ROPA by the bank to an SPV; 3. The dation in payment (dacion en pago) of the NPL by the borrower to the bank; 4. The dation in payment (dacion en pago) of the NPL by a third party, on behalf of the borrower, to the bank; 5. The transfer of the NPL (secured by a real estate mortgage on a residential unit) by the bank to an individual; and 6. The transfer of the ROPA (single family residential unit) by the bank to an individual. For purposes of determining whether a transaction occurred within the two (2)year period or from 14 May 2006 to 14 May 2008; relevant documents to support the application (e.g., Asset Sale and Purchase Agreement, Deed of Assignment, Deed of Dation, etc.) should be notarized within the said two (2)-year period.
(M-2007 -013 dated 11 May 2007 as amended by M-2008-014 dated 17 March 2008)
The Monetary Board authorized the SES to accept applications for Certificate of Eligibility (COE) until 13 June 2008, or up to 30 days after the 14 May 2008 deadline.
1
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REVISED GUIDELINES ON THE FLOTATION OF BONDS BY LOCAL GOVERNMENT UNITS [WITHOUT NATIONAL GOVERNMENT GUARANTEE]
(Appendix to Subsec. X425.3) Pursuant to Monetary Board Resolution No. 1151 dated 14 August 2003, the following guidelines shall govern the flotation of bonds by local government units (LGUs) under R.A. No. 7160 (Local Government Code of 1991) and R.A. No. 7653 (New Central Bank Act) dated 03 July 1993. I. Legal Basis the Government, through the Secretary of Finance, shall request the opinion, in writing, of the Monetary Board on the monetary implications of the contemplated action. Such opinions must similarly be requested by all political subdivisions and instrumentalities of the Government before any credit operation abroad is undertaken by them. The opinion of the Monetary Board shall be based on the gold and foreign exchange resources and obligations of the nation and on the effects of the proposed operation on the balance of payments and on monetary aggregates. Whenever the Government, or any of its political subdivisions or instrumentalities, contemplates borrowing within the Philippines, the prior opinion of the Monetary Board shall likewise be requested in order that the Board may render an opinion on the probable effects of the proposed operation on monetary aggregates, the price level, and the balance of payments. II. Coverage This Circular shall govern the issuance of bonds by provinces, cities, and municipalities which do not carry the guarantee of the National Government. The LGUs concerned are advised to observe the existing rules and regulations of other government agencies (Department of Finance, Securities and Exchange Commission) relating to LGU bond flotation.
A. UNDER THE LOCAL GOVERNMENT CODE OF 1991 (R.A. No. 7160) Sec. 299. Bonds and Other Long-Term Securities. Subject to the rules and regulations of the Central Bank and the Securities and Exchange Commission, provinces, cities, and municipalities, are hereby authorized to issue bonds, debentures, securities, collaterals, notes and other obligations to finance self-liquidating, income-producing development or livelihood projects pursuant to the priorities established in the approved local development plan or the public investment program. The Sanggunian concerned shall, through an ordinance approved by a majority of all its members, declare and state the terms and conditions of the bonds and the purpose for which the proposed indebtedness is to be incurred. B. UNDER THE NEW CENTRAL BANK ACT (R.A. No. 7653) Section 123. Financial Advice on Official Credit Operations. Before undertaking any credit operation abroad,
APP. 57 08.12.31
III. Procedures and Documentary Requirements A. Manner of Request An LGU proposal to issue bonds shall be submitted to the BSP, through the Secretary of Finance with a formal request for the Monetary Boards opinion on the probable effects of the proposed operation on monetary aggregates, the price level, and the balance of payments. B. Documentary Requirements The proposal shall be accompanied by the following documents: 1. An original copy (or a certified true copy) of the ordinance duly signed by the appropriate officers pursuant to the Local Government Code. In accordance with the Local Government Code, the ordinance authorizing the bond flotation should: a) state the specific purpose/project(s) for which the proposed indebtedness is to be incurred; b) certify that the project(s) to be financed by the bond flotation is/are a self liquidating, income-producing development or livelihood project/s pursuant to the priorities established in the approved local development program or the public investment program; and c) state the terms and conditions of the bond flotation, including sinking fund or other funding arrangements. 2. A copy of the resolution designating the LGU representative, including the specific acts/services that the representative has been authorized to perform. 3. A waiver letter on the confidentiality of information (Annex 1) under Sections 2 and 3 of R.A. No. 1405, as amended, authorizing all banks and FIs under the supervision of the BSP and which have transactions with the concerned LGU to disclose to the BSP all information pertaining to the deposits, investments,
loans and other transactions of the concerned LGU (including the history or status of the LGUs dealings with said banks and FIs); the waiver letter should be duly executed by the mayor or governor as the case may be. 4. A Department of Finance (DOF) certification that the debt service and borrowing capacity of the proponent LGU satisfies the legal requirements for a bond issue. C. Monetary Board Opinion 1. Upon submission of all the above requirements, including other additional data or information it may deem necessary in the issuance of its opinion, and if the same are found to be in order, the Monetary Board shall, within a reasonable period of time, render an opinion on the probable effects of the proposed indebtedness on monetary aggregates, the price level, and the balance of payments. 2. The opinion of the Monetary Board shall be forwarded to the concerned LGU through the DOF. 3. The opinion of the Monetary Board does not constitute an endorsement by the BSP of the project since it is limited to the assessment of the monetary implications of the bond flotation. The said opinion is based on: (a) the information contained in the documents submitted by the LGU; and (b) the assumption that the proceeds of the bond flotation will actually be used for the intended projects described in the documents submitted. Hence, investors shall be responsible for assessing the quality of the bonds in terms of risks and returns. D. Post-Issuance Reports The LGU or its representative or its trustee bank, as the case may be, shall submit to the BSP a post flotation report (Annex 2) that will indicate the actual amount of the issue as well as the final terms
APP. 57 08.12.31
and conditions of the issue within 30 days from the date of the flotation; and such other reports as may be required by the BSP. IV. Sanctions Any violation of this Circular shall be subject to the sanctions provided under Sections 36 and 37 of R.A. No. 7653. V. Repealing Clause All BSP regulations or issuances or any provision thereof that may be inconsistent with the provisions of this
Circular, including Circular No. 41, dated 29 August 1994, are hereby repealed and superseded accordingly. VI. Effectivity This Circular shall take effect fifteen (15) days after its publication in two (2) newspapers of general circulation. _____________________________ Governor 4 September 2003
(Circular No. 402 dated 04 September 2003)
APP. 57 08.12.31
Annex 1 (Name of Local Government Unit) (Address)
Hon. ______________________ Governor Bangko Sentral ng Pilipinas Dear Gov. __________________: This has reference to our request for the opinion of the Monetary Board (MB) on the probable effects on monetary aggregates, price level and balance of payments of the proposed bond flotation amounting to _______________________ by the Province/City/Municipality of __________________. Pursuant to the provisions of Sections 2 and 3 of Republic Act No. 1405 and other laws relating to the secrecy of bank deposits, Resolution No. ___ dated _____________ (certified true copy attached) was passed by the Province/City/Municipality of ____________ waiving our rights to confidentiality of information by authorizing ____________________, our trustee bank and all banks or financial institutions with which we have transactions to disclose to the Bangko Sentral ng Pilipinas all information pertaining to the deposits, investments, loans or other transactions including the history or status of our dealings with said banks or financial institutions and for the BSP to make all inquiries as may be necessary regarding the same. The BSP is likewise authorized to disclose and share any such information furnished or obtained from said banks or financial institutions to the Department of Finance in relation to the performance by said Department of its functions. Thank you. Very truly yours, __________________ Mayor/Governor __________ 20___
APP. 57 08.12.31
Annex 2
POST-BOND FLOTATION REPORT

Final Terms and Conditions of the Issue Issuer Bond Name/Label Amount of Proposed Bond Flotation Amount of Bonds Actually Sold Purpose of Bonds Issue Price Interest Rate (Actual) Date of Flotation Term Maturity Date Grace Period Denomination Medium of Sale Interest/Coupon Rate Interest Payment Dates Principal Payment Date Collateral Guarantee/Security Trustee Bank Fiscal Agent Trustee Fee Underwriter Underwriting Fee Guarantor Guarantee Fee Financial Advisor, if any Financial Advisor Fee List of Investors/Amount Purchased Settlement Mode
APP. 58 08.12.31
GUIDELINES AND MINIMUM DOCUMENTARY REQUIREMENTS FOR FOREIGN EXCHANGE FORWARD AND SWAP TRANSACTIONS
[Appendix to Subsecs. X625.3, X625.4 and X625.6 (2008 - X602.16 X602.18)] The following is a list of minimum documentary requirements for FX forward and swap transactions. Unless otherwise indicated, original documents* shall be presented on or before deal date to banks. A. FORWARD SALE OF FX TO COVER OBLIGATIONS DELIVERABLE AND NON-DELIVERABLE 1. FORWARD SALE OF FX TRADE 1.1 Trade transactions 1.1.1 Under Letters of Credit (LC) a. Copy of LC opened; and b. Accepted draft, or commercial invoice/Bill of Lading 1.1.2 Under Documents against Acceptances (DA)/Open Account (OA) arrangements a. Certification of reporting bank on the details of DA/OA under Schedule 10 (Import Letters of Credits Opened and DA/OA Import Availments and Extensions) of FX Form 1 (Consolidated Report on Foreign Exchange Assets and Liabilities); and b. Copy of commercial invoice; In addition to the above requirements, the bank shall require the customer to submit a Letter of Undertaking that: (i) Before or at maturity date of the forward contract, it (the importer) shall comply with the documentation requirements on sale of FX for trade transactions under existing regulations; and (ii) No double hedging has been obtained by the customer for the covered transactions. 1.1.3 Direct Remittance Original shipping documents indicated in Item "II.a" of Circular Letter dated 24 January 2002. 2. NON-TRADE TRANSACTIONS Only non-trade transactions with specific due dates shall be eligible for forward contracts, and shall be subject to the same documentation requirements under Circular No. 388 dated 26 May 2003 with the following additional guidelines for foreign currency loans and investments. 2.1 Foreign Currency Loans owed to non-residents or AABs 2.1.1 Deliverable Forwards The maturing portion of the outstanding eligible obligation, i.e., those that are registered with the BSP registration letter, may be covered by a deliverable forward subject to the documentary requirements under Circular No. 388. A copy of the creditors billing statement may be submitted only on or before the maturity date of the contract. 2.1.2 NDFs The outstanding eligible obligation, i.e., those that are registered with the BSP, including interests and fees thereon as indicated in the BSP registration letter may be covered by a NDF, subject to the documentary requirements under Circular No. 388, except for the creditors billing statement which need not be submitted. The amount of the forward contract shall not exceed the outstanding amount of the underlying obligation during the term of the contract. 2.2 Inward Foreign Investments The unremitted amount of sales/ maturity proceeds due for repatriation to non-resident investors pertaining to BSP registered investments in the following instruments issued by a Philippine resident: a. shares of stock listed in the PSE; b. government securities;
* If copy is indicated, it shall mean photocopy, electronic copy or facsimile of original.
APP. 58 08.12.31
c. money market instruments; and d. peso time deposits with a minimum tenor of ninety (90) days may be covered by FX forward contracts subject to the presentation of the original BSRD on or before deal date. However, for Item "2.2.a" above, original BSRD or BSRD Letter-Advice, together with the brokers sales invoice, shall be presented on or before maturity date of the FX forward contract, which date coincides with the settlement date of the PSE transaction. Sales proceeds of BSP-registered investments in shares of stock that are not listed in the PSE may be covered by a deliverable FX forward contract only if determined to be outstanding as of the deal date for the contract and payable on a specific future date as may be indicated in the Contract To Sell/Deed of Absolute Sale and subject to the same documentary requirements under Circular No. 388. B. FORWARD SALE OF FX TO COVER EXPOSURES DELIVERABLE AND NON-DELIVERABLE 1. TRADE (DELIVERABLE AND NONDELIVERABLE) 1.1 Under LC a. Copy of LC opened; and b. Proforma Invoice, or Sales Contract/Purchase Order 1.2 Under DA/OA, Documents Against Payment (DP) or Direct Remittance (DR) Any of the following where delivery or shipment shall be made not later than one (1) year from deal date: a. Sales Contract b. Confirmed Purchase Order c. Accepted Proforma Invoice d. Shipment/Import Advice of the Supplier In addition to the above requirements, the bank shall require the customer to submit a Letter of Undertaking that:
(i) At maturity of the forward contract, it shall comply with the documentation requirements on the sale of FX for trade transactions under Circular-Letter dated 24 January 2002, as amended; and (ii) No double hedging has been obtained by the customer for the covered transactions. 2. NON-TRADE (NON-DELIVERABLE) The outstanding balance of BSPregistered foreign investments without specific repatriation date, appearing in the covering BSRD may only be covered by an NDF contract, based on its market/ book value on deal date, subject to prior BSP approval and if already with BSRD presentation of the covering BSRD and the proof that the investment still exists (e.g., stock certificate, or brokers buy invoice, or confirmation of sale, or certificate of investment in money market instruments, or certificate of peso time deposits). Hedging for permanently assigned capital of Philippine branches of foreign banks/ firms is not allowed. C. FORWARD PURCHASE OF FX Such FX forward contracts shall be subject to the banks Know Your Customer policy and existing regulations on anti-money laudering. In addition, counterparties must be limited to those that are manifestly eligible to engage in FX forwards as part of the normal course of their operations and which satisfy the banks suitability and eligibility rules for such transactions. D. FX SWAP TRANSACTIONS 1. FX SALE (first leg)/FORWARD FX PURCHASE (second leg) The same minimum documentary requirements for sale of FX under BSP
APP. 58 08.12.31
Circular No. 388 for non-trade transactions, and Circular-Letter dated 24 January 2002, as amended, for trade transactions, shall be presented on or before deal date. 2. FX PURCHASE (first leg)/FORWARD FX SALE (second leg) The first leg of the swap will be subject to the banks Know Your Customer
policy and existing regulations on anti-money laundering. The second leg of the swap transaction will be subject to the swap contract between the counterparties. Swap contracts of this type intended to fund peso loans to be extended by non-residents in favor of residents shall require prior BSP approval.
(As amended by Circular No. 591 dated 15 October 2007)
APP. 59 09.12.31
CONVERSION/TRANSFER OF FOREIGN CURRENCY DEPOSIT UNIT LOANS TO REGULAR BANKING UNIT

(Please refer to Circular No. 645 dated 13 February 2009)
APP. 60 08.12.31
RULES AND REGULATIONS ON COMMON TRUST FUNDS1

(Appendix to Sec. X410) 1. The administration of CTFs shall be subject to the provisions of Subsecs. X409.1 up to X409.6 and to the following regulations. As an alternative compliance with the required prior authority and disclosure under Subsecs. X409.2 and X409.3, a list which shall be updated quarterly of prospective and/or outstanding investment outlets may be made available by the trustee for the review of all CTF clients. (Sec. X410). 2. Establishment of common trust funds. A bank authorized to engage in trust business may establish, administer and maintain one (1) or more CTFs. (Subsec. X410.1). 3. Minimum documentary requirements for common trust funds. In addition to the trust agreement or indenture required under Subsec. X409.1, each CTF shall be established, administered and maintained in accordance with a written declaration of trust referred to as the plan, which shall be approved by the board of directors of the trustee and a copy submitted to the appropriate supervising and examining department of the BSP within thirty (30) banking days prior to its implementation. The plan shall make provisions on the following matters: a. Title of the plan; b. Manner in which the plan is to be operated; c. Investment powers of the trustee with respect to the plan, including the character and kind of investments which may be purchased; d. Allocation, apportionment, distribution dates of income, profit and losses; e. Terms and conditions governing the admission or withdrawal as well as expansion or contraction of participation in the plan including the minimum initial placement and account balance to be maintained by the trustor; f. Auditing and settlement of accounts of the trustee with respect to the plan; g. Detailed information on the basis, frequency, and method of valuing and accounting of CTF assets and each participation in the fund; h. Basis upon which the plan may be terminated; i. Liability clause of the trustee; j. Schedule of fees and commissions which shall be uniformly applied to all participants in a fund and which shall not be changed between valuation dates; and k. Such other matters as may be necessary or proper to define clearly the rights of participants under the plan. The legal capacity of the bank administering a CTF shall be indicated in the plan and other related agreements or contracts as trustee of the fund and not in any other capacity such as fund manager, financial manager, or like terms. The provisions of the plan shall control all participations in the fund and the rights and benefits of all parties in interest. The plan may be amended by resolution of the board of directors of the trustee: Provided, however, That participants in the fund shall be immediately notified of such amendments and shall be allowed to withdraw their participation if they are not in conformity with the amendments made: Provided, further, That amendments to the
The rules and regulations on common trust funds (CTFs) were previously under Sec. X410 and the Subsections enclosed in parentheses. The UIT Funds regulations which are now in said section/subsections took effect on 01 October 2004 (effectivity of Circular 447 dated 03 September 2004).
1
APP. 60 08.12.31
plan shall be submitted to the appropriate supervising and examining department of the BSP within ten (10) banking days from approval of the amendments by the board of directors. A copy of the plan shall be available at the principal office of the trustee during regular office hours for inspection by any person having an interest in a trust whose funds are invested in the plan or by his authorized representative. Upon request, a copy of the plan shall be furnished such person. (Subsec. X410.2) 4. Management of common trust funds. The trustee shall have the exclusive management and control of each CTF administered by it, and the sole right at any time to sell, convert, reinvest, exchange, transfer or otherwise change or dispose of the assets comprising the fund. The trustee shall designate clearly in its records the trust accounts owning participation in the CTF and the extent of the interests of such account. The trustee shall not negotiate nor assign the trustors beneficial interest in the CTF without prior written consent of the trustor or beneficiary. No trust account holding a participation in a CTF shall have or be deemed to have any ownership or interest in any particular asset or investment in the CTF but shall have only its proportionate beneficial interest in the fund as a whole. (Subsec. X410.3) 5. Trustee as participant in common trust funds. A trustee administering a CTF shall not have any interest in such fund other than in its capacity as trustee of the CTF nor grant any loan on the security of a participation in such fund: That a trustee which administers funds representing employee benefit plans under trust or investment management may invest funds in the CTF: Provided, further, That in the case of employee benefit plans under trust
belonging to employees of entities other than that of the trustee, the trustee may invest such funds in its own CTF only on a temporary basis in accordance with Subsec. X409.5. (Subsec. X410.4) 6. Exposure limit of common trust fund to a single person or entity. No investment for a CTF shall be made in stocks, bonds, bank deposits or other obligations of any one (1) person, firm or corporation, if as a result of such investment the total amount invested in stocks, bonds, bank deposits or other obligations issued or guaranteed by such person, firm or corporation shall aggregate to an amount in excess of fifteen percent (15%) of the market value of the CTF: Provided, That this limitation shall not apply to investments in government securities or other evidences of indebtedness of the Republic of the Philippines and of the BSP, and any other evidences of indebtedness or obligations the servicing and repayment of which are fully guaranteed by the Republic of the Philippines. (Subsec. X410.5) 7. Operating and accounting methodology. By its inherent nature, a CTF shall be operated and accounted for in accordance with the following: a. The trustee shall have exclusive management and control of each CTF administered by it and the sole right at any time to sell, convert, reinvest, exchange, transfer or otherwise change or dispose of the assets comprising the fund; b. The total assets and accountabilities of each fund shall be accounted for as a single account referred to as pooled-fund accounting; c. Contributions to each fund by clients shall always be through participation in the fund; d. All such participations shall be pooled and invested as one (1) account (referred to as collective investments); and
APP. 60 08.12.31
e. The interest of each participant shall be determined by a formal method of participation valuation established in the written plan of the CTF, and no participation shall be admitted to, or withdrawn from, the fund except on the basis of such valuation. (Subsec. X410.6) 8. Tax-exempt common trust funds The following shall be the features/ requirements of CTFs which may qualify for exemption from the twenty percent (20%) final tax under Section 24(B)(1) of R.A. No. 8424 (The Tax Reform Act of 1997): a. The tax exemption shall apply to CTFs established on or after January 3, 2000; b. The CTF indenture or plan as well as evidences of participation shall clearly indicate that the participants shall be limited to individual trustors/investors who are Filipino citizens or resident aliens and that participation is non-negotiable and non-transferable; c. The date of contributions to the CTF shall be clearly indicated in the evidence of participation to serve as basis for the trustee-bank to determine the period of participation for tax exemption purposes; d. The CTF indenture/plan as well as the evidence of participation shall indicate that pursuant to Section 24(B)(1) of R.A. No. 8424, interest income of the CTF derived from investments in interest-bearing instruments (e.g., time deposits, government securities, loans and other debt instruments) which are otherwise subject to
the twenty percent (20%) final tax, shall be exempt from said final tax provided participation in the CTF is for a period of at least five (5) years. If participation is for a period less than five (5) years, interest income shall be subject to a final tax which shall be deducted and withheld based on the following schedule
Participation Period Four (4) years to less than five (5) years Three (3) years to less than four (4) years Less than three (3) years Rate of Tax 5% 12% 20%
Necessarily, the date of contribution shall be clearly indicated in the evidence of participation which shall serve as basis for determining the participation period of each participant; and e. Tax-exempt CTFs established under this Subsection shall be subject to the provisions of Subsecs. X409.1(c), X409.2 up to X409.7, and Items 2 to 7 of this Appendix. Regarding the required prior authority and disclosure under Subsecs. X409.2 and X409.3, a list of prospective and/or outstanding investment outlets that is made available by the trustee for the review of all CTF clients may serve as an alternative compliance, which list shall be updated quarterly. (Subsec. X410.7) 9. Custody of securities. Investments in securities of all existing CTFs shall be delivered to a BSP-accredited third party custodian not later than 31 October 2004.
APP. 61 08.12.31
CHECKLIST OF BANGKO SENTRAL REQUIREMENTS IN THE SUBMISSION OF FINANCIAL AUDIT REPORT, ANNUAL AUDIT REPORT AND REPORTS REQUIRED UNDER APPENDIX 43
[Appendix to Subsec. X190.1 (2008 - X166.1)] The external auditor (Included in the List of BSP Selected External Auditors) shall start the audit not later than thirty (30) calendar days after the close of the calendar/fiscal year adopted by the bank. AFS of banks with subsidiaries shall be presented side by side on a solo basis and on a consolidated basis (banks and subsidiaries). The FAR shall be submitted by the bank to the appropriate department of the SES not later than 120 calendar days after the close of the calendar year or fiscal year adopted by the bank, together with the following: Information/Data required A. Financial Audit Report 1. Certification by the external auditor on the following: a. The dates of commencement and termination of audit. b. The date when the FAR and certification under oath stating that no material weakness or breach in the internal control and risk management systems was noted in the course of the audit of the bank were submitted to the bank's board of directors or country head, in the case of foreign bank branches; and c. That the external auditor, partners, associates, auditor-in-charge of the engagement and the members of their immediate family do not have any direct or indirect financial interest with the bank, its subsidiaries and affiliates and that their independence is not considered impaired under the circumstances specified in the Code of Professional Ethics for CPA. 2. Reconciliation statement for the differences in amounts between the audited and the submitted Balance Sheet and Income Statement for bank proper For submission together with the FAR not later than 120 calendar days after the close of the calendar year or fiscal year adopted by the bank. Deadline for submission For submission together with the FAR not later than 120 calendar days after the close of the calendar year or fiscal year adopted by the bank.
APP. 61 08.12.31
Information/Data required (regular and FCDU) and trust department, including copies of adjusting entries on the reconciling items. Note: Please see pro-forma comparative analysis (Annex A). 3. LOC indicating the external auditor's findings and comments on the material weakness noted in the internal control and risk management systems and other aspects of operations. In case no material weakness is noted to warrant the issuance of an LOC, a certification under oath stating that no material weakness or breach in the internal control and risk management systems was noted in the course of the audit of the bank shall be submitted by the external auditor. 4. Copies of the board resolutions showing the: a. Action taken on the FAR and, where applicable, on the certification under oath including the names of the directors present and absent, among other things; and b. Action taken on the findings and recommendations in the LOC, and the names of the directors present and absent, among other things. 5. In case of foreign banks with branches in the Philippines, in lieu of the board resolution: a. A report by the country head on the action taken by management (head office, regional or country) on the FAR and, where applicable, on the certification under oath stating that no
Deadline for submission
Within thirty (30) calendar days after the submission of the FAR.
For submission together with the FAR not later than 120 calendar days after the close of the calendar year or fiscal year adopted by the bank.
Within thirty (30) banking days after the receipts of the financial audit report and certification under oath by the board of directors. Within thirty (30) banking days after the receipt of the LOC by the board of directors.
Within thirty (30) calendar days after the receipt of the FAR and certification under oath by the country head.
APP. 61 08.12.31
Information/Data required material weakness or breach in the internal control and risk management systems was noted in the course of the audit of the bank. b. A report by the country head on the action taken by management (head office, regional or country) on the LOC. 6. Certification of the external auditor on the date when the LOC was submitted to the board of directors or country head. 7. All the required disclosures in the AFS provided under Subsec. X190.4.
Within thirty (30) banking days after the receipt of the LOC by the country head. Within thirty (30) banking days after the receipt of the LOC by the board of directors or country head. For submission together with the FAR not later than 120 calendar days after the close of the calendar year or fiscal year adopted by the bank.
8. Reports required to be submitted by the external auditor under Appendix 43: a. To enable the BSP to take timely and appropriate remedial action, the external auditor must report to the BSP, the following cases: (1) Any material finding involving fraud or dishonesty (including cases that were resolved during the period of audit); and (2) Any potential losses the aggregate of which amounts to at least one percent (1%) of the capital. b. The external auditor shall report directly to the BSP the following: (1) Termination or resignation as external auditor and stating the reason therefore; (2) Discovery of a material breach of laws or BSP rules and regulations such as, but not limited to: Within fifteen (15) calendar days after the occurence/discovery. Within thirty (30) calendar days after the discovery.
APP. 61 08.12.31
Information/Data required a. CAR; and b. Loans and other risk assets review and classification. (3) Findings on matters of corporate governance that may require urgent action by the BSP. c. In case there are no matters to report (e.g., fraud, dishonesty, breach of laws, etc.) a notarized certification that there is none to report. B. Annual Audit Report (AAR) For banks and other financial institutions under the concurrent jurisdiction of the BSP and COA. 1. Copy of the AAR accompanied by the: a. Certification by the institution concerned on the date of receipt of the AAR by the board of directors; b. Reconciliation statement between the AFS in the AAR and the balance sheet and income statement of bank proper (Regular and FCDU) and trust department submitted to the BSP, including copies of adjusting entries on the reconciling items; and c. Other information that may be required by the BSP. 2. Copy of the board resolution showing the action taken on the AAR, as well as on the comments and observations, including the names of the directors present and absent, among other things.
Within fifteen (15) calendar days after the closing of the audit engagement.
Within thirty (30) banking days after receipt of the AAR by the board of directors.
Within thirty (30) banking days after receipt of the AAR by the board of directors.
(As amended by Circular Nos. 554 dated 22 December 2006 and 540 dated 09 August 2006)
APP. 61 08.12.31
Annex A
Name of Bank Comparison of Submitted Consolidated Balance Sheet and Income Statement and Audited Financial Statements (Parent and Subsidiaries) As of (end of calendar or fiscal year) (In Thousand Pesos) Submitted Audited Variance/ Report Report Discrepancy Cash and Other Cash Items Due from BSP Due from Other Banks Financial Assets Held for Trading (HFT) Held-to-Maturity (HTM) Financial Assets Available-for-Sale Financial Assets Loans and Receivables, net Interbank Loans Receivable Equity Investments in Subsidiaries, Associates & Joint Ventures Bank Premises, Furniture, Fixtures and Equipment, net Real and Other Properties Acquired (ROPA), net Other Assets Due from Head Office/Branches/Agencies Abroad Total Assets ===== Deposit Liabilities Bills Payable Bonds Payable Unsecured Subordinated Debt (UnSD) Redeemable Preferred Shares Accrued Interest, Taxes and Other Expenses Other Liabilities Due to Head Office/Branches/Agencies Abroad Total Liabilities ===== Paid-in Capital Stock Additional Paid-In Capital Retained Earnings Assigned Capital Total Capital ===== Total Liabilities and Capital ===== Total Income Total Expenses Net Income before Income Tax Reasons for Discrepancy
====
===== ======
====
=====
======
==== ====
===== =====
====== ======
===== ==== ===== ======

(As amended by Circular Nos. 554 dated 22 December 2006 and 540 dated 09 August 2006)
APP. 62 08.12.31
QUARTERLY INVESTMENT DISCLOSURE STATEMENT (Appendix to Subsec. X410.7)
Name of Unit Investment Trust Fund: For the quarter ended: Net Asset Value, end of quarter: Net Asset Value Per Unit (NAVPu): Short Description: (e.g., The Fund is a peso denominated _______________ (fund classification, e.g., money market fund, bond fund, balanced fund and equity fund) suited for clients who _____________. The investment objective of the Fund is to generate a steady stream of income by investing in a diversified portfolio of high-grade marketable securities) Administrative Details: Trust Fee1: Pxxx/xx% Minimum Investment: Holding Period: Participation/Redemption Conditions: Special Reimbursable Expenses, if any: [Art V, Sec.3(b)] Nature of Expense Custodianship Fees External Audit Fees Others (specify) Outstanding Investments: The Fund has investments in the following: (may be in graph format showing weightings per investment type or class of security) Prospective Investments: The following names/securities are among the funds approved investment outlets where the Trustee intends to invest in depending on its availability or other market driven circumstances: Name of Third Party xxx xxx xxx Amount/Expense Ratio2 P xxx/xx% xxx/xx% xxx/xx%
1 Indicate either the (a) amount of trust fees charged to the UIT Fund or (b) the ratio/percentage of such amount to average daily net asset value of the UIT Fund, for the quarter. 2 Indicate either the (a) amount of special reimbursable expense charged to the UIT Fund or (b) ratio/percentage of such expense to the average daily net asset value of the UIT Fund, for the quarter. Average daily net asset value of the UIT Fund for the quarter ended _____________________: P_____________________.
APP. 62 08.12.31
The UIT Fund is not a deposit and not insured by PDIC. Due to the nature of the investments yield and potential yields cannot be guaranteed. Any income or loss arising from market fluctuations and price volatility of the securities held by the UIT Fund, even if invested in government securities, is for the account of the investor. As such, the units of participation of the investor in the UIT Fund, when redeemed, may be worth more or be worth less than his/her initial investment/contributions. Historical performance, when presented, is purely for reference purposes and is not a guarantee of future results. The trustee is not liable for losses, unless upon willful default, bad faith or gross negligence.
APP. 62a 08.12.31 Annex A
(NAME OF TRUST ENTITY)-(TRUST BANKING GROUP/TRUST DEPARTMENT) Unit Investment Trust Funds RISK DISCLOSURE STATEMENT Prior to making an investment in any of the (Name of Trust Entity) Unit Investment Trust Funds (UITFs), (Name of Trust Entity) is hereby informing you of the nature of the UITFs and the risks involved in investing therein. As investments in UITFs carry different degrees of risk, it is necessary that before you participate/invest in these funds, you should have: 1. Fully understood the nature of the investment in UITFs and the extent of your exposure to risks; 2. Read this Risk disclosure Statement completely; and 3. Independently determined that the investment in the UITFs is appropriate for you. There are risks involved in investing in the UITFs because the value of your investment is based on the Net Asset Value per unit (NAVpu) of the Fund which uses a marked-tomarket valuation and therefore may fluctuate daily. The NAVpu is computed by dividing the Net Asset Value (NAV) of the Fund by the number of outstanding units. The NAV is derived from the summation of the market value of the underlying securities of the Fund plus accrued interest income less liabilities and qualified expenses. Investment in the UITF does not provide guaranteed returns even if invested in government securities and high-grade prime investment outlets. Your principal and earnings from investment in the Fund can be lost in whole or in part when the NAVpu at the time of redemption is lower than the NAVpu at the time of participation. Gains from investment is realized when the NAVpu at the time of redemption is higher than the NAVpu at the time of participation. Your investment in any of the (Name of Trust Entity) UITFs exposes you to the various types of risks enumerated and defined hereunder: Interest Rate Risk. This is the possibility for an investor to experience losses due to changes in interest rates. The purchase and sale of a debt instrument may result in profit or loss because the value of a debt instrument changes inversely with prevailing interest rates. The UITF portfolio, being market-to-market, is affected by changes in interest rates thereby affecting the value of fixed income investments such as bonds. Interest rate changes may affect the prices of fixed income securities inversely, i.e., as interest rates rise, bond prices fall and when interest rates decline, bond prices rise. As the prices of bonds in a Fund adjust to a rise in interest rates, the Funds unit price may decline. Market/Price Risk. This is the possibility for an investor to experience losses due to changes in market prices of securities (e.g., bonds and equities). It is the exposure to the uncertain market value of a portfolio due to price fluctuations. It is the risk of the UITF to lose value due to a decline in securities prices, which may sometimes happen rapidly or unpredictably. The value of investments fluctuates over a given time period because of general market conditions, economic changes or other events that impact large portions of the market such as political events, natural calamities, etc. As a result, the NAVpu may increase to make profit or decrease to incur loss. Liquidity Risk. This is the possibility for an investor to experience losses due to the inability to sell or convert assets into cash immediately or in instances where conversion to
APP. 62a 08.12.31
cash is possible but at a loss. These may be caused by different reasons such as trading in securities with small or few outstanding issues, absence of buyers, limited buy/sell activity or underdeveloped capital market. Liquidity risk occurs when certain securities in the UITF portfolio may be difficult or impossible to sell at a particular time which may prevent the redemption of investment in UITF until its assets can be converted to cash. Even government securities which are the most liquid of fixed income securities may be subjected to liquidity risk particularly if a sizeable volume is involved. Credit Risk/Default Risk. This is the possibility for an investor to experience losses due to a borrowers failure to pay principal and/or interest in a timely manner on instruments such as bonds, loans, or other forms of security which the borrower issued. This inability of the borrower to make good on its financial obligations may have resulted from adverse changes in its financial condition thus, lowering credit quality of the security, and consequently lowering the price (market/price risk) which contributes to the difficulty in selling such security. It also includes risk on a counterparty (a party the UITF Manager trades with) defaulting on a contract to deliver its obligation either in cash or securities. This is the risk of losing value in the UITF portfolio in the event the borrower defaults on his obligation or in the case of a counterparty, when it fails to deliver on the agreed trade. This decline in the value of the UITF happens because the default/failure would make the price of the security go down and may make the security difficult to sell. As these happen, the UITFs NAVpu will be affected by a decline in value. Reinvestment Risks. This is the risk associated with the possibility of having lower returns or earnings when maturing funds or the interest earnings of funds are reinvested. Investors in the UITF who redeem and realize their gains run the risk of reinvesting their funds in an alternative investment outlet with lower yields. Similarly, the UITF manager is faced with the risk of not being able to find good or better alternative investment outlets as some of the securities in the fund matures. In case of a foreign-currency denominated UITF or a peso denominated UITF allowed to invest in securities denominated in currencies other than its base currency, the UITF is also exposed to the following risks: Foreign Exchange Risk. This is the possibility for an investor to experience losses due to fluctuations in foreign exchange rates. The exchange rates depend upon a variety of global and local factors, e.g., interest rates, economic performance, and political developments. It is the risk of the UITF to currency fluctuations when the value of investments in securities denominated in currencies other than the base currency of the UITF depreciates. Conversely, it is the risk of the UITF to lose value when the base currency of the UITF appreciates. The NAVpu of a peso-denominated UITF invested in foreign currencydenominated securities may decrease to incur loss when the peso appreciates. Country Risk. This is the possibility for an investor to experience losses arising from investments in securities issued by/in foreign countries due to the political, economic and social structures of such countries. There are risks in foreign investments due to the possible internal and external conflicts, currency devaluations, foreign ownership limitations and tax increases of the foreign country involved which are difficult to predict but must be taken into account in making such investments. Likewise, brokerage commissions and other fees may be higher in foreign securities. Government supervision and regulation of foreign stock exchanges, currency markets, trading systems and brokers may be less than those in the Philippines. The procedures and rules governing foreign transactions and custody of securities may also involve delays in payment, delivery or recovery of investments.
Appendix 62a - Page 2 Manual of Regulations for Non-Bank Financial Institutions
APP. 62a 08.12.31
Other Risks. Your participation in the UITFs may be further exposed to the risk of any actual or potential conflicts of interest in the handling of in-house or related party transactions by (Name of Trust Entity). These transactions may include own-bank deposits; purchase of own-institution or affiliate obligations (stock, mortgages); purchase of assets from or sales to own institution, directors, officers, subsidiaries, affiliates or other related interests/parties; or purchases or sales between fiduciary/managed accounts. I/we have completely read and fully understood this risk disclosure statement and the same was clearly explained to me/us by a (Name of Trust Entity) UIT marketing personnel before I/we affixed my/our signature/s herein. I/we hereby voluntarily and willingly agree to comply with any and all laws, regulations, the plan rules, terms and conditions governing my/our investment in the (Name of Trust Entity) UITFs.
Signature over Printed Name
Date
I acknowledge that I have (1) advised the client to read this Risk Disclosure Statement, (2) encouraged the client to ask questions on matters contained in this Risk Disclosure Statement, and (3) fully explained the same to the client.
Signature over Printed Name/ Position of UIT Marketing Personnel

(Circular No. 593 dated 08 January 2008)
Date
APP. 63 08.12.31
IMPLEMENTATION PLANS UNDER THE NEW INTERNATIONAL CAPITAL STANDARDS AS CONTAINED IN THE BASEL COMMITTEE ON BANKING SUPERVISION DOCUMENT INTERNATIONAL CONVERGENCE OF CAPITAL MEASUREMENT AND CAPITAL STANDARDS
(Appendix to Sec. X116) A. General approach UBs/KBs are expected to comply with the standardized approach for credit risk, and the basic indicator or standardized approaches for operational risk by 2007. By 2010, these banks may move to the foundation internal ratings based (IRB) or advanced IRB approaches for credit risk, and advanced measurement approaches for operational risk. TBs, on the other hand, are classified into two (2). TBs are generally expected to be subject to an enhanced Basel 1-type approach by 2007. However, TBs affiliated with UBs/KBs should use the same approach used by the UBs/KBs. RBs/Coop banks, meanwhile, are expected to be subject to an enhanced Basel 1-type approach also by 2007. An enhanced Basel 1-type approach is basically the same as the current framework (Sec. X116) but with certain elements of Basel 2 already incorporated such as higher risk weight for past due accounts, and expanded disclosures. B. Timetable Between 2004 and 2007, certain provisions of Basel 2 will be gradually incorporated into the current risk-based capital adequacy framework. These would include: (1) Giving lower risk weights for highly-rated corporate exposures; (2) Giving higher risk weights for past due claims (net of specific provisions); (3) Adopting the standardized approach for investments in securitization structures (i.e., risk weights would depend on external ratings); (4) Implementing a standard computation of liquidity risk and interest rate risk in the banking book; and (5) Issuing broad guidelines on operational risk management. The rest of the provisions of Basel 2 standardized approach for credit risk, and basic indicator and standardized approaches for operational risk will be implemented by 2007. Under the standardized approach for credit risk, risk weights would mainly depend on the external rating of the counterparty. Under the basic indicator approach for operational risk, capital charge is fifteen percent (15%) of the 3-year average of a banks gross income. Under the standardized approach for operational risk, on the other hand, banks will compute capital charge separately for each business line. Business line operational risk charge is a fraction (between 12%-18%) of the 3-year average of a business lines gross income. Total operational risk charge is the sum of the operational risk charges for all business lines. The expanded disclosure requirements prescribed under Basel 2, as may be appropriate, will also be implemented by 2007. The draft implementation guidelines containing all these provisions will be exposed for comment by the BSP in the first quarter of 2005. The final implementation guidelines are expected to be issued by endDecember 2005. By 2010, banks may already be allowed to use the advanced approaches prescribed under Basel 2. For credit risk, banks may use the internal ratings based (IRB) approach, where the credit risk capital charge would
APP. 63 08.12.31
depend on banks internal rating of the counterparty, including estimates of probability of default, loss given default, and other risk parameters. For operational risk, banks may use statistical modeling and other advanced measurement tools in determining the capital charge. To facilitate a successful implementation of Basel 2, the BSP will continue to engage the banking community, particularly through the BAPs Risk Management Committee, in
its preparations especially those involving the eventual implementation of the advanced approaches by 2010. The BSP likewise strongly encourages banks to assess the likely impact of this shift in riskbased capital framework on their capital adequacy ratio. Banks needing assistance in performing this self-analysis may contact the Office of the Assistant Governor, Supervision and Examination Sector at email address [email protected].
APP. 63a 11.12.31
QUALIFYING CAPITAL UNDER THE RISK BASED CAPITAL ADEQUACY FRAMEWORK

[Appendix to Subsec. X116.2 and X119.4] Qualifying Capita l. The qualifying capital shall be the sum of : a. Tier 1 capital (1) Core Tier 1 capital (a) Paid-up common stock; (b) Paid-up perpetual and noncumulative preferred stock; (c) Common stock dividends distributable; (d) Perpetual and non-cumulative preferred stock dividends distributable; (e) Surplus; (f) Surplus reserves; (g) Undivided profits (for domestic banks only); and (h) Minority interest in the equity of subsidiary financial allied undertakings which are less than wholly-owned: Provided, That a bank shall not use minority interests in the equity accounts of consolidated subsidiaries as avenue for introducing into its capital structure elements that might not otherwise qualify as Tier 1 capital or that would, in effect, result in an excessive reliance on preferred stock within Tier 1: Provided, further, that the following items shall be deducted from the total of Tier 1 capital: (i) Common stock treasury shares; (ii) Perpetual and non-cumulative preferred stock treasury shares; (iii) Net unrealized losses on underwritten listed equity securities purchased (for domestic banks and Philippine branches of foreign banks); (iv) Unbooked valuation reserves and other capital adjustments based on the latest report of examination as approved by the Monetary Board; (v) Total outstanding unsecured credit accommodations, both direct and indirect, to DOSRI; (vi) Unsecured loans, other credit accommodations and guarantees granted to subsidiaries and affiliates; (vii) Deferred income tax; and (viii) Goodwill; and (2) Hybrid Tier 1 (HT1) (a) With prior BSP approval, perpetual preferred stock and perpetual UnSD, subject to the following conditions: (i) The HT1 must be issued and fully paid-up. Only the net proceeds received from the issuance of HT1 shall be included as capital; (ii) The dividends/coupons on the HT1 must be non-cumulative. It is acceptable to pay dividends/coupons in scrip or shares of stock if a cash dividend/ coupon is withheld: Provided, That this does not result on issuing lower quality capital: Provided, further, That where such dividend/coupon stock settlement feature is included, the bank should ensure that it has an appropriate buffer of authorized capital stock and appropriate stockholders and board authorization, if necessary, to fulfill their potential obligations under such issues; (iii) The HT1 must be available to absorb losses of the bank without it being obliged to cease carrying on business. The agreement governing the issuance of the HT1 should specifically provide for the dividend/coupon and principal to absorb losses where the bank would otherwise be insolvent, or for the holders of the HT1 to be treated as if they were holders of a specified class of share capital in any proceedings commenced for the winding up of the bank. Issue documentation must disclose to prospective investors the manner by which the instrument is to be treated in loss situation.
APP. 63a 11.12.31
Alternatively, the agreement governing the issuance of the HT1 can provide for automatic conversion into common shares or perpetual and non-cumulative preferred shares upon occurrence of certain trigger events, as follows: (aa) Breach of minimum capital ratio; (bb) Commencement of proceedings for winding up of the bank; or (cc) Upon appointment of receiver for the bank. The rate of conversion must be fixed at the time of subscription to the instrument. The bank must also ensure that it has appropriate buffer of authorized capital stock and appropriate stockholders and board authorization for conversion/ issue to take place anytime; (iv) The holders of the HT1 must not have a priority claim, in respect of principal and dividend/coupon payments of the HT1 in the event of winding up of the bank, which is higher than or equal with that of depositors, other creditors of the bank and holders of LT2 and UT2 capital instruments. The holder of the HT1 must waive his right to set-off any amount he owes the bank against any subordinated amount owed to him due to the HT1; (v) The HT1 must be perpetual; (vi) The HT1 must neither be secured nor covered by a guarantee of the issuer or related party or other arrangement that legally or economically enhances the priority of the claim of any holder of the HT1 as against depositors, other creditors of the bank and holders of LT2 and UT2 capital instruments; (vii) The HT1 must not be redeemable at the initiative of the holder. It must not be repayable prior to maturity without the prior approval of the BSP: Provided, That repayment may be allowed only in connection with call option after a minimum of five (5) years from issue date: Provided, however, That a call option may
be exercised within the first five (5) years from issue date when (aa) The HT1 was issued for the purpose of a merger with or acquisition by the bank and the merger or acquisition is aborted; (bb) There is a change in tax status of the HT1 due to changes in the tax laws and/or regulations; or (cc) The HT1 does not qualify as Hybrid Tier 1 capital as determined by the BSP: Provided, further, That such repayment prior to maturity shall be approved by the BSP only if the preferred share/debt is simultaneously replaced with issues of new capital which is neither smaller in size nor of lower quality than the original issue, unless the banks capital ratio remains more than adequate after redemption. It must not contain any clause which requires acceleration of payment of principal, except in the event of insolvency. The agreement governing the issuance of the HT1 must not contain any provision that mandates or creates an incentive for the bank to repay the outstanding principal of the instrument, e.g., a cross-default or negative pledge or a restrictive covenant, other than a call option which may be exercised by the bank; (viii) The main features of the HT1 must be publicly disclosed by annotating the same on the instrument and in a manner that is easily understood by the investor; (ix) The proceeds of the HT1 must be immediately available without limitation to the bank; (x) The bank must have full discretion over the amount and timing of dividends/ coupons under the HT1 where the bank (aa) Has not paid or declared a dividend on its common shares in the preceding financial year; or (bb) Determines that no dividend is to
APP. 63a 11.12.31
be paid on such shares in the current financial year. The bank must have full control and access to waived payments; (xi) Any dividend/coupon to be paid under the HT1 must be paid only to the extent that the bank has profits distributable determined in accordance with existing BSP regulations. The dividend/coupon rate, or the formulation for calculating dividend/ coupon payments must be fixed at the time of issuance of the HT1 and must not be linked to the credit standing of the bank; (xii) The HT1 may allow only one (1) moderate step-up in the dividend/coupon rate in conjunction with a call option, only if the step-up occurs at a minimum of ten (10) years after the issue date and if it results in an increase over the initial rate that is not more than (aa) 100 basis points less the swap spread between the initial index basis and the stepped-up index basis; or (bb) Fifty percent (50%) of the initial credit spread less the swap spread between the initial index basis and the stepped-up index basis. The swap spread should be fixed as of the pricing date and reflect the differential in pricing on that date between the initial reference security or rate and the steppedup reference security or rate (Refer to Annex A for computation of dividend/coupon rate step-up); (xiii) The HT1 must be underwritten or purchased by a third party not related to the issuer bank nor acting in reciprocity for and in behalf of the issuer bank; (xiv) The HT1 must be issued in minimum denominations of at least P500,000.00 or its equivalent; (xv) The HT1 must clearly state on its face that it is not a deposit and is not insured by the PDIC; and (xvi) The bank must submit a written external legal opinion that the above mentioned requirements, including the
subordination and loss absorption features, have been met: Provided, That for purposes of reserve requirement regulation, the HT1 shall not be treated as time deposit liability, deposit substitute liability or other forms of borrowings: Provided, further, That the total amount of HT1 that may be included in the Tier 1 capital shall be limited to a maximum of fifteen percent (15%) of total Tier 1 capital (net of deductions therefrom): Provided, furthermore, That the amount of HT1 capital in excess of the maximum allowable limit shall be eligible for inclusion in the Upper Tier 2 capital, subject to the limit on total Tier 2 capital. To determine the allowable amount of HT1, the amount of total Tier 1 capital (net of deductions therefrom) excluding the HT1 should be multiplied by seventeen and sixty five percent (17.65%), the number derived from the proportion of fifteen percent (15%) to eighty five percent (85%) (i.e., 15%/85% = 17.65%); b. Tier 2 (supplementary) capital which shall be the sum of (1) Upper Tier 2 capital (a) Paid-up perpetual and cumulative preferred stock; (b) Paid-up limited life redeemable preferred stock issued with the condition that redemption thereof shall be allowed only if the shares redeemed are replaced with at least an equivalent amount of newly paid-in shares so that the total paid-in capital stock is maintained at the same level prior to redemption; (c) Perpetual and cumulative preferred stock dividends distributable; (d) Limited life redeemable preferred stock with the replacement requirement upon redemption dividends distributable; (e) Appraisal increment reserve - bank premises, as authorized by the Monetary Board; (f) Net unrealized gains on underwritten listed equity securities purchased: Provided, That the amount
APP. 63a 11.12.31
thereof that may be included in upper Tier 2 capital shall be subject to a fifty five percent (55%) discount (for domestic banks and Philippine branches of foreign banks); (g) General loan loss provision: Provided, That the amount thereof that may be included in upper Tier 2 capital shall be limited to a maximum of one and one-fourth percent (1-1/4%) of gross risk-weighted assets, and any amount in excess thereof shall be deducted from the total risk-weighted assets in computing the denominator of the risk-based capital ratio; (h) With prior BSP approval, unsecured subordinated debt with a minimum original maturity of at least ten (10) years, hereinafter referred to as UT2, subject to the following conditions: (i) The UT2 must be issued and fully paid-up. Only the net proceeds received from the issuance of UT2 shall be included as capital; (ii) The UT2 must be available to absorb losses of the bank without it being obliged to cease carrying on business. The agreement governing the issuance of the UT2 should specifically provide for the coupon and principal to absorb losses where the bank would otherwise be insolvent, or for the holders of the UT2 to be treated as if they were holder of a specified class of share capital in any proceedings commenced for the winding up of the bank. Issue documentation must disclose to prospective investors the manner by which the instrument is to be treated in loss situation. Alternatively, the agreement governing the issuance of the UT2 can provide for automatic conversion into common shares or perpetual and non-cumulative shares or perpetual and cumulative preferred shares upon occurrence of certain trigger events, as follows: (aa) Breach of minimum capital ratio; (bb) Commencement of proceedings for winding up of the bank or
(cc) Upon appointment of receiver for the bank. The rate of conversion must be fixed at the time of subscription to the instrument. The bank must also ensure that it has appropriate buffer of authorized capital stock and appropriate stockholders and board authorization for conversion/issue to take place anytime; (iii) The holders of the UT2 must not have a priority claim, in respect of principal and coupon payments of the UT2 in the event of winding up of the bank, which is higher than or equal with that of depositors, other creditors of the bank, and holders of LT2 capital instruments. The holder of the UT2 must waive his right to set-off any amount he owes the bank against any subordinated amount owed to him due to the UT2; (iv) The UT2 must neither be secured nor covered by a guarantee of the issuer or related party or other arrangement that legally or economically enhances the priority of the claim of any holder of the UT2 as against depositors, other creditors of the bank and holders of LT2 capital instruments; (v) The UT2 must not be redeemable at the initiative of the holder. It must not be repayable prior to maturity without the prior approval of the BSP: Provided, That repayment may be allowed only in connection with call option after a minimum of five (5) years from issue date: Provided, however, That a call option may be exercised within the first five (5) years from issue date when (aa) The UT2 was issued for the purpose of a merger with or acquisition by the bank and the merger or acquisition is aborted; (bb) There is a change in tax status of the UT2 due to changes in the tax laws and/ or regulations; or (cc) The UT2 does not qualify as Upper Tier 2 capital as determined by the BSP:
APP. 63a 11.12.31
Provided, further, That such repayment prior to maturity shall be approved by the BSP only if the debt is simultaneously replaced with issues of new capital which is neither smaller in size nor of lower quality than the original issue, unless the banks capital ratio remains more than adequate after redemption, It must not contain any clause which requires acceleration of payment of principal, except in the event of insolvency. The agreement governing the issuance of the UT2 must not contain any provision that mandates or creates an incentive for the bank to repay the outstanding principal of the instrument, e.g., a cross-default or negative pledge or a restrictive covenant, other than a call option which may be exercised by the bank; (vi) The main features of the UT2 must be publicly disclosed by annotating the same on the instrument and in a manner that is easily understood by the investor; (vii) The proceeds of the UT2 must be immediately available without limitation to the bank; (viii) The bank must have the option to defer any coupon payment on the UT2 where the bank (aa) Has not paid or declared a dividend on its common shares in the preceding financial year; or (bb) Determines that no dividend is to be paid on such shares in the current financial year; It is acceptable for the deferred coupon to bear interest but the interest rate payable must not exceed market rates; (ix) The coupon rate, or the formulation for calculating coupon payments must be fixed at the time of issuance of the UT2 and must not be linked to the credit standing of the bank; (x) The UT2 may allow only one (1) moderate step-up in the coupon rate in conjunction with a call option, only if the
step-up occurs at a minimum of ten (10) years after the issue date and if it results in an increase over the initial rate that is not more than (aa) 100 basis points less the swap spread between the initial index basis and the stepped-up index basis; or (bb) fifty percent (50%) of the initial credit spread less the swap spread between the initial index basis and the stepped-up index basis. The swap spread should be fixed as of the pricing date and reflect the differential in pricing on that date between the initial reference security or rate and the steppedup reference or rate (Refer to Annex A for computation of coupon rate step-up); (xi) The UT2 must be underwritten or purchased by a third party not related to the issuer bank nor acting in reciprocity for and in behalf of the issuer bank; (xii) The UT2 must be issued in minimum denominations of at least P500,000.00 or its equivalent; (xiii) The UT2 must clearly state on its face that it is not a deposit and is not insured by the PDIC; and (xiv) The bank must submit a written external legal opinion that the abovementioned requirements, including the subordination and loss absorption features, have been met: Provided, That the UT2 shall be subject to a cumulative discount factor of twenty percent (20%) per year during the last five (5) years to maturity [i.e., twenty percent (20%) if the remaining life is four (4) years to less than five (5) years, forty percent (40%) if the remaining life is three (3) years to less than four (4) years, etc.]: Provided, further, That where it is denominated in a foreign currency, it shall be revalued in accordance with PAS 21: Provided, furthermore, That for purposes of reserve requirement regulation, it shall not be treated as time deposit liability, deposit
APP. 63a 11.12.31
substitute liability or other forms of borrowings; (i) Deposit for common stock subscription; and (j) Deposit for perpetual and noncumulative preferred stock subscription: Provided, That the following items shall be deducted from the total of Upper Tier 2 capital: 1. Perpetual and cumulative preferred stock treasury shares; 2. Limited life redeemable preferred stock treasury shares with the replacement requirement upon redemption; and 3. Sinking fund for redemption of limited life redeemable preferred stock with the replacement requirement upon redemption; and (k) Hybrid Tier 1 capital instruments in excess of the maximum allowable limit of fifteen percent (15%) of total Tier 1 capital (net of deductions therefrom) referred to in Item a(2)(a) above on Hybrid Tier 1 (HT1) capital. (2) Lower Tier 2 capital (a) Paid-up limited life redeemable preferred stock without the replacement requirement upon redemption: Provided, That it shall be subject to a cumulative discount factor of twenty percent (20%) per year during the last five (5) years to maturity [i.e., twenty percent (20%) if the remaining life is four (4) years to less than five (5) years, forty percent (40%) if the remaining life is three (3) years to less than four (4) years, etc.]; (b) Limited life redeemable preferred stock without the replacement requirement upon redemption dividends distributable; (c) UnSD with a minimum original maturity of at least five (5) years, hereinafter referred to as LT2, subject to the following conditions: (i) The LT2 must be issued and fully paid-up. Only the net proceeds received from the issuance of LT2 shall be included as capital;
(ii) The holders of the LT2 must not have a priority claim, in respect of principal and coupon payments of the LT2 in the event of winding up of the bank, which is higher than or equal with that of depositors and other creditors of the bank. The holder of the LT2 must waive his right to set-off any amount he owes the bank against any subordinated amount owed to him due to the LT2; (iii) The LT2 must neither be secured nor covered by a guarantee of the issuer or related party or other arrangement that legally or economically enhances the priority of the claim of any holder of the LT2 as against depositors and other creditors of the bank; (iv) The LT2 must not be redeemable at the initiative of the holder. It must not be repayable prior to maturity without the prior approval of the BSP: Provided, That repayment may be allowed only in connection with call option after a minimum of five (5) years from issue date: Provided, however, That a call option may be exercised within the first five (5) years from issue date when (aa) The LT2 was issued for the purpose of a merger with or acquisition by the bank and the merger or acquisition is aborted; (bb) There is a change in tax status of the LT2 due to changes in the tax laws and/ or regulations; or (cc) The LT2 does not qualify as Lower Tier 2 capital as determined by the BSP: Provided, further, That such repayment prior to maturity shall be approved by the BSP only if the debt is simultaneously replaced with issues of new capital which is neither smaller in size nor of lower quality than the original issue, unless the banks capital ratio remains more than adequate after redemption. It must not contain any clause which requires acceleration of payment of principal, except in the event of insolvency. The agreement governing the issuance of
APP. 63a 11.12.31
the LT2 must not contain any provision that mandates or creates an incentive for the bank to repay the outstanding principal of the instrument, e.g., a cross-default or negative pledge or a restrictive covenant other than a call option which may be exercised by the bank; (v) The main features of the LT2 must be publicly disclosed by annotating the same on the instrument and in a manner that is easily understood by the investor; (vi) The proceeds of the LT2 must be immediately available without limitation to the bank; (vii) The coupon rate, or the formulation for calculating coupon payments must be fixed at the time of issuance of the LT2 and must not be linked to the credit standing of the bank; (viii) The LT2 may allow only one (1) moderate step-up in the coupon rate in conjunction with a call option, only if the step-up occurs at a minimum of five (5) years after the issue date and if it results in an increase over the initial rate that is not more than(aa) 100 basis points less the swap spread between the initial index basis and the stepped-up index basis; or (bb) fifty percent (50%) of the initial credit spread less the swap spread between the initial index basis and the stepped-up index basis; The swap spread should be fixed as of the pricing date and reflect the differential in pricing on that date between the initial reference security or rate and the steppedup reference security or rate (Refer to Annex A for computation of coupon rate step-up); (ix) The LT2 must be underwritten or purchased by a third party not related to the issuer bank nor acting in reciprocity for and in behalf of the issuer bank; (x) The LT2 must be issued in minimum denominations of at least P500,000.00 or its equivalent;
(xi) The LT2 must clearly state on its face that it is not a deposit and is not insured by the PDIC; and (xii) The bank must submit a written external legal opinion that the abovementioned requirements, including the subordination feature have been met: Provided, That the LT2 shall be subject to a cumulative discount factor of twenty percent (20%) per year during the last five (5) years to maturity [i.e., twenty percent (20%) if the remaining life is four (4) years to less than five (5) years, forty percent (40%) if the remaining life is three (3) years to less than four (4) years, etc.]: Provided, further, That where it is denominated in a foreign currency, it shall be revalued in accordance with PAS 21: Provided, furthermore, That, for purposes of reserve requirement regulation, it shall not be treated as time deposit liability, deposit substitute liability or other forms of borrowings; (d) Deposit for perpetual and cumulative preferred stock subscription; and (e) Deposit for limited life redeemable preferred stock subscription with the replacement requirement upon redemption: Provided, That the following items shall be deducted from the total of Lower Tier 2 capital: (i) Limited life redeemable preferred stock treasury shares without the replacement requirement upon redemption; (ii) Sinking fund for redemption of limited life redeemable preferred stock without the replacement requirement upon redemption: Provided, That the amount to be deducted shall be limited to the balance of redeemable preferred stock after applying the cumulative discount factor: Provided, That the total amount of Lower Tier 2 capital that may be included in the Tier 2 capital shall be limited to a maximum of fifty percent (50%) of total Tier 1 capital (net of deductions therefrom): Provided, further, That the total amount of Upper and
APP. 63a 11.12.31
Lower Tier 2 capital that may be included in the qualifying capital shall be limited to a maximum of 100% of total Tier 1 capital (net of deductions therefrom); c. Less deductions from the total of Tier 1 and Tier 2 capital, as follows: (1) Investments in equity of unconsolidated subsidiary banks and other financial allied undertakings, but excluding insurance companies; (2) Investments in debt capital instruments of unconsolidated subsidiary banks; (3) Investments in equity of subsidiary insurance companies and non-financial allied undertakings; and (4) Reciprocal investments in equity of other banks/enterprises: (5) Reciprocal investments in unsecured subordinated term debt instruments of other banks/QBs qualifying as Hybrid Tier 1, Upper Tier 2 and Lower Tier 2, in excess of the lower of (i) an aggregate ceiling of five percent (5%) of total Tier 1 capital of the bank excluding Hybrid Tier 1; or (ii) ten percent (10%) of the total outstanding unsecured subordinated term debt issuance of the other bank/QBs. Provided, That any asset deducted from the qualifying capital in computing the numerator of the risk-based capital ratio
shall not be included in the risk-weighted assets in computing the denominator of the ratio. For foreign bank branches, Tier 1 capital elements shall consist of 1. Assigned capital; and 2. Net due to head office, branches, subsidiaries and other offices outside the Philippines as defined under Subsec. X105.5.d (inclusive of earnings not remitted to head office per Subsec. X105.5.c): Provided, That the amount of Net due to account shall be limited to an amount prescribed under Subsec. X105.6: Provided, further, That should there be any Net due from account, the same shall be deducted from the Tier 1 capital. All outstanding issues of unsecured subordinated term debt instruments qualifying as UT2 and LT2 capital shall continue to be governed by the provisions of regulations existing at the time of their issuance, except that premiums thereon may now be counted as part of capital. Capital instruments issued by banks starting 01 January 2011 should comply with the minimum conditions specified in Appendix 63d in order to be eligible as Hybrid Tier 1 or Lower Tier 2 capital.
( As amended by Circular Nos.716 dated 25 March 2011, 709 dated 10 January 2011, 560 dated 31 January 2007 and 528 dated 03 May 2006)
APP. 63a 08.12.31
Annex A Step-up Calculation Case I. Change in Index Basis (e.g., from 10-year US Treasury Notes to 10-year US Swap Rate) Step 1. Determining the swap spread A. Breakdown of Coupon Rate Based on Initial Index Index basis (10-year US Treasury Notes) Credit spread Coupon rate 4.49% 5.00% 9.49% Swap spread of B. Breakdown of Coupon Rate Based on Stepped-up Index Index basis (10-year US swap rate at issuance) 5.05% Adjusted credit spread to achieve initial coupon rate of 9.49% 4.44% 9.49% Coupon rate Step 2. Calculating Stepped-Up Coupon Rate A. Assuming a ceiling of not more than 100 b.p., less the swap spread between the initial index basis and the stepped-up index basis Index basis (10-year US swap rate) Initial credit spread Total before step-up Step-up (100 b.p) Total after step-up but before swap spread Less: Swap spread Stepped-up coupon rate 5.05% 5.00% 10.05% 1.00% 11.05% 0.56% 10.49% 0.56%
B. Assuming a ceiling of not more than 50% of the initial credit spread, less the swap spread between the initial index basis and the stepped-up index basis Index basis (10-year US swap rate) Initial Credit spread Total before step-up Step-up (50% of the initial credit spread) Total after step-up but before swap spread Less: Swap spread Stepped-up coupon rate 5.05% 5.00% 10.05% 2.50% 12.55% 0.56% 11.99%
APP. 63b 11.12.31
RISK-BASED CAPITAL ADEQUACY FRAMEWORK FOR THE PHILIPPINE BANKING SYSTEM

(Appendix to Sec. X115) Introduction This Appendix outlines the BSP implementing guidelines of the revised International Convergence of Capital Measurement and Capital Standards, or popularly known as Basel II. Basel II is the new international capital standards set by the Basel Committee on Banking Supervision (BCBS)1. It aims to replace Basel I, which was issued in 1988 with an amendment in 1996, to make the risk-based capital framework more risk-sensitive. Banks are enjoined to submit their group-wide (including subsidiary banks and QBs) Basel II implementation plans from 2007-2010, not later than 31 December 2006. The guidelines contained in this Appendix shall take effect on 1 July 2007.
(As amended by M-2006-022 dated 24 November 2006)
Part I. Risk-based capital adequacy ratio 1. The risk-based CAR of UBs and KBs and their subsidiary banks and QBs, expressed as a percentage of qualifying capital to risk-weighted assets, shall not be less than ten percent (10%). 2. Qualifying capital is computed in accordance with the provisions of Part II. Risk-weighted assets is the sum of (1) credit risk-weighted assets (Parts III, IV, and V), (2) market risk-weighted assets (Parts IV and VI), and (3) operational risk-weighted assets (Part VII). 3. The CAR requirement will be applied to all UBs and KBs and their subsidiary banks, and QBs on both solo and consolidated bases. The application of
the requirement on a consolidated basis is the best means to preserve the integrity of capital in banks with subsidiaries by eliminating double gearing. However, as one of the principal objectives of supervision is the protection of depositors, it is essential to ensure that capital recognized in capital adequacy measures is readily available for those depositors. Accordingly, individual banks should likewise be adequately capitalized on a stand-alone basis. 4. To the greatest extent possible, all banking and other relevant financial activities (both regulated and unregulated) conducted by a bank and its subsidiaries will be captured through consolidation. Thus, majority-owned or-controlled financial allied undertakings should be fully consolidated on a line by line basis. Exemptions from consolidation shall only be made in cases where such holdings are acquired through debt previously contracted and held on a temporary basis, are subject to different regulation, or where non-consolidation for regulatory capital purposes is otherwise required by law. All cases of exemption from consolidation must be made with prior clearance from the BSP. 5. Banks shall comply with the minimum CAR at all times notwithstanding that supervisory reporting shall only be on quarterly basis. Any breach, even if only temporary, shall be reported to the banks Board of Directors and to BSP, SES within three (3) banking days. For this purpose, banks shall develop an appropriate system to properly monitor their compliance. 6. The BSP reserves the right, upon
1 The Basel Committee on Banking Supervision is a committee of banking supervisory authorities that was established by the central bank governors of the Group of Ten countries in 1975. It consists of senior representatives of bank supervisory authorities and central banks from Belgium, Canada, France, Germany, Italy, Japan, Luxembourg, the Netherlands, Spain, Sweden, Switzerland, the United Kingdom, and the United States. It usually meets at the Bank for International Settlements in Basel, Switzerland where its permanent Secretariat is located.
APP. 63b 11.12.31
authority of the Deputy Governor, SES, to conduct on-site inspection outside of regular or special examination, for the purpose of ascertaining the accuracy of CAR calculations as well as the integrity of CAR monitoring and reporting systems. Part II. Qualifying capital 1. Qualifying capital consists of Tier 1 (core plus hybrid) capital and Tier 2 (supplementary) capital elements, net of required deductions from capital. A. Tier 1 Capital 2. Tier 1 capital is the sum of core Tier 1 capital and allowable amount of hybrid Tier 1 capital, as set in paragraph 12. 3. Core Tier 1 capital consists of: a) Paid-up common stock; b) Paid-up perpetual and noncumulative preferred stock; c) Additional paid-in capital; d) Retained earnings; e) Undivided profits (for domestic banks only); f) Net gains on fair value adjustment of hedging instruments in a cash flow hedge of available for sale equity securities; g) Cumulative foreign currency translation; and h) Minority interest in subsidiary financial allied undertakings which are less than wholly-owned: Provided, That a bank shall not use minority interests in the equity accounts of consolidated subsidiaries as avenue for introducing into its capital structure elements that might not otherwise qualify as Tier 1 capital or that would, in effect, result in an excessive reliance on preferred stock within Tier 1: Less: i. Common stock treasury shares; ii. Perpetual and non-cumulative preferred stock treasury shares; iii. Net unrealized losses on available
for sale equity securities purchased; iv. Gains (Losses) resulting from designating financial liabilities at fair value through profit or loss that are due to own credit worthiness; v. Unbooked valuation reserves and other capital adjustments based on the latest report of examination as approved by the Monetary Board; vi. Total outstanding unsecured credit accommodations, both direct and indirect, to DOSRI and unsecured loans, other credit accommodations and guarantees granted to subsidiaries and affiliates; vii. Deferred income tax; viii.Goodwill, including that relating to unconsolidated subsidiary banks, financial allied undertakings, excluding subsidiary securities dealers/brokers and insurance companies, (on solo basis) and unconsolidated subsidiary securities dealers/brokers, insurance companies and non-financial allied undertakings (on solo and consolidated bases); and ix. Gain on sale resulting from a securitization transaction. 4. Hybrid Tier 1 capital in the form of perpetual preferred stock and perpetual UnSD may be issued subject to prior BSP approval and to the conditions in paragraph 12. 5. In the case of foreign banks, Tier 1 capital is equivalent to: a) Assigned capital including earnings not remitted to the head office which the bank elects to consider as part of assigned capital (in which case it can no longer be remitted to the head office); and b) Net due to head office, branches, subsidiaries and other offices outside the Philippines as defined under Subsec. X105.5.d (inclusive of earnings not remitted to head office per Subsec. X105.5.c, unless considered as part of the assigned capital by the bank), subject to the limit prescribed under Subsec. X105.6,
APP. 63b 11.12.31
Less: i. Any balance in the Net due from account.

B. Tier 2 Capital 6. Tier 2 capital is the sum of upper Tier 2 capital and lower Tier 2 capital. 7. The total amount of lower Tier 2 (LT2) capital before deductions enumerated in paragraph 10 that may be included in total Tier 2 capital shall be limited to a maximum of fifty percent (50%) of total Tier 1 capital (net of deductions enumerated in paragraph 3). The total amount of upper and lower Tier 2 capital both before deductions enumerated in paragraph 10 that may be included in total qualifying capital shall be limited to a maximum of 100% of total Tier 1 capital (net of deductions enumerated in paragraph 3). 8. Upper Tier 2 capital consists of: a) Paid-up perpetual and cumulative preferred stock; b) Paid-up limited life redeemable preferred stock issued with the condition that redemption thereof shall be allowed only if the shares redeemed are replaced with at least an equivalent amount of newly paid-in shares so that the total paidin capital stock is maintained at the same level prior to redemption; c) Appraisal increment reserve bank premises, as authorized by the Monetary Board; d) Net unrealized gains on available for sale equity securities purchased subject to a fifty five percent (55%) discount; e) General loan loss provision, limited to a maximum of one percent (1%) of credit risk-weighted assets, and any amount in excess thereof shall be deducted from the credit risk-weighted assets in computing the denominator of the risk-based capital ratio;
f) With prior BSP approval, UnSD with a minimum original maturity of at least ten (10) years issued subject to the conditions in paragraph 13, in an amount equivalent to its carrying amount discounted by the following rates:
Remaining maturity 5 years & above 4 years to <5 years 3 years to <4 years 2 years to <3 years 1 year to <2 years < 1 year Discount factor 0% 20% 40% 60% 80% 100%
g) Deposit for common stock subscription; h) Deposit for perpetual and noncumulative preferred stock subscription; and i) Hybrid Tier 1 capital as defined in paragraph 4 in excess of the maximum allowable limit of fifteen percent (15%) of total Tier 1 capital (net of deductions enumerated in paragraph 3): Less: i. Perpetual and cumulative preferred stock treasury shares; ii. Limited life redeemable preferred stock treasury shares with the replacement requirement upon redemption; iii. Sinking fund for redemption of limited life redeemable preferred stock with the replacement requirement upon redemption; and iv. Net losses in fair value adjustment of hedging instruments in a cash flow hedge of available for sale equity securities. 9. LT2 capital consists of: a) Paid-up limited life redeemable preferred stock without the replacement requirement upon redemption in an amount equivalent to its carrying amount discounted by the following rates:
APP. 63b 11.12.31
Remaining maturity 5 years & above 4 years to <5 years 3 years to <4 years 2 years to <3 years 1 year to <2 years < 1 year
Discount factor 0% 20% 40% 60% 80% 100%
b) With prior BSP approval, UnSD with a minimum original maturity of at least five (5) years, issued subject to the conditions in paragraph 14, in an amount equivalent to its carrying amount discounted by the following rates: Remaining maturity 5 years & above 4 years to <5 years 3 years to <4 years 2 years to <3 years 1 year to <2 years < 1 year Discount factor 0% 20% 40% 60% 80% 100%
c) Deposit for perpetual and cumulative preferred stock subscription; and d) Deposit for limited life redeemable preferred stock subscription with the replacement requirement upon redemption. Less: i. Limited life redeemable preferred stock treasury shares without the replacement requirement upon redemption; and ii. Sinking fund for redemption of limited life redeemable preferred stock without the replacement requirement upon redemption up to the extent of the balance of redeemable preferred stock after applying the cumulative discount factor. C. Deductions from the total of Tier 1 and Tier 2 capital 10. The following items should be deducted fifty percent (50%) from
Tier 1 and fifty percent (50%) from Tier 2 capital: a) Investments in equity of unconsolidated subsidiary banks and QBs, and other financial allied undertakings (excluding subsidiary securities dealers/ brokers and insurance companies), after deducting related goodwill, if any (for solo basis); b) Investments in other regulatory capital instruments of unconsolidated subsidiary banks and QBs (for solo basis); c) Investments in equity of unconsolidated subsidiary securities dealers/brokers, insurance companies, and non-financial allied undertakings, after deducting related goodwill, if any (for both solo and consolidated bases); d) Capital shortfalls of unconsolidated subsidiary securities dealers/brokers and insurance companies (for both solo and consolidated bases); e) Significant minority investments (20%-50% of voting stock) in banks and QBs, and other financial allied undertakings (for both solo and consolidated bases); f) Reciprocal investments in equity of other banks/enterprises; g) Reciprocal investments in other regulatory capital instruments of other banks and QBs; h) Materiality thresholds in credit derivative contracts purchased; i) Securitization tranches which are rated below investment grade or are unrated; and j) Credit enhancing interest only strips in relation to a securitization structure, net of the amount of gain-on-sale that must be deducted from core Tier 1 capital referred to in paragraph 3. 11. Any asset deducted from qualifying capital in computing the numerator of the risk-based capital ratio shall not be included in the risk-weighted assets in computing
APP. 63b 11.12.31
the denominator of the ratio. Available for sale debt securities shall be risk-weighted net of specific provisions as provided in paragraph 1 of Part III.A, but without considering accumulated market gains/ losses. D. Eligible instruments under hybrid Tier 1 capital 12. Perpetual preferred stock and perpetual UnSD issuances of banks should comply with the following minimum conditions in order to be eligible as hybrid Tier 1 (HT1) capital: a) It must be issued and fully paid-up. Only the net proceeds received from the issuance shall be included as capital; b) The dividends/coupons must be non-cumulative. It is acceptable to pay dividends/coupons in scrip or shares of stock if a cash dividend/coupon is withheld: Provided, That this does not result on issuing lower quality capital: Provided, further, That where such dividend/coupon stock settlement feature is included, the bank should ensure that it has an appropriate buffer of authorized capital stock and appropriate stockholders and board authorization, if necessary, to fulfill their potential obligations under such issues; c) It must be available to absorb losses of the bank without it being obliged to cease carrying on business. The agreement governing its issuance should specifically provide for the dividend/ coupon and principal to absorb losses where the bank would otherwise be insolvent, or for its holders to be treated as if they were holders of a specified class of share capital in any proceedings commenced for the winding up of the bank. Issue documentation must disclose to prospective investors the manner by which the instrument is to be treated in loss situation. Alternatively, the agreement
governing its issuance can provide for automatic conversion into common shares or perpetual and non-cumulative preferred shares upon occurrence of certain trigger events, as follows: i. Breach of minimum capital ratio; ii. Commencement of proceedings for winding up of the bank; or iii. Upon appointment of receiver for the bank. The rate of conversion must be fixed at the time of subscription to the instrument. The bank must also ensure that it has appropriate buffer of authorized capital stock and appropriate stockholders and board authorization for conversion/issue to take place anytime; d) Its holders must not have a priority claim, in respect of principal and dividend/ coupon payments in the event of winding up of the bank, which is higher than or equal with that of depositors, other creditors of the bank and holders of LT2 and UT2 capital instruments. Its holder must waive his right to set-off any amount he owes the bank against any subordinated amount owed to him due to the HT1 capital instrument; e) It must neither be secured nor covered by a guarantee of the issuer or related party or other arrangement that legally or economically enhances the priority of the claim of any holder as against depositors, other creditors of the bank and holders of LT2 and UT2 capital instruments; f) It must not be redeemable at the initiative of the holder. It must not be repayable without the prior approval of the BSP: Provided, That repayment may be allowed only in connection with call option after a minimum of five (5) years from issue date: Provided, however, That a call option may be exercised within the first five (5) years from issue date when i. It was issued for the purpose of a merger with or acquisition by the bank and
APP. 63b 11.12.31
the merger or acquisition is aborted; ii. There is a change in tax status of the HT1 capital instrument due to changes in the tax laws and/or regulations; or iii. It does not qualify as HT1 capital as determined by the BSP: Provided, further, That such repayment shall be approved by the BSP only if the preferred share/debt is simultaneously replaced with issues of new capital which is neither smaller in size nor of lower quality than the original issue, unless the banks capital ratio remains more than adequate after redemption. It must not contain any clause which requires acceleration of payment of principal, except in the event of insolvency. The agreement governing its issuance must not contain any provision that mandates or creates an incentive for the bank to repay the outstanding principal of the instrument, e.g., a cross-default or negative pledge or a restrictive covenant, other than a call option which may be exercised by the bank; g) Its main features must be publicly disclosed by annotating the same on the instrument and in a manner that is easily understood by the investor; h) The proceeds of the issuance must be immediately available without limitation to the bank; i) The bank must have full discretion over the amount and timing of dividends/ coupons where the bank i. Has not paid or declared a dividend on its common shares in the preceding financial year; or ii. Determines that no dividend is to be paid on such shares in the current financial year. The bank must have full control and access to waived payments; j) Any dividend/coupon to be paid must be paid only to the extent that the bank has profits distributable determined in accordance with existing BSP
regulations. The dividend/coupon rate, or the formulation for calculating dividend/ coupon payments must be fixed at the time of issuance and must not be linked to the credit standing of the bank; k) It may allow only one (1) moderate step-up in the dividend/coupon rate in conjunction with a call option, only if the step-up occurs at a minimum of ten (10) years after the issue date and if it results in an increase over the initial rate that is not more than: i. 100 basis points less the swap spread between the initial index basis and the stepped-up index basis; or ii. fifty percent (50%) of the initial credit spread less the swap spread between the initial index basis and the stepped-up index basis. The swap spread should be fixed as of the pricing date and reflect the differential in pricing on that date between the initial reference security or rate and the steppedup reference security or rate. l) It must be underwritten by a third party not related to the issuer bank nor acting in reciprocity for and in behalf of the issuer bank; m) It must be issued in minimum denominations of at least P500,000.00 or its equivalent; n) It must clearly state on its face that it is not a deposit and is not insured by the PDIC; and o) The bank must submit a written external legal opinion that the abovementioned requirements, including the subordination and loss absorption features, have been met: Provided, That for purposes of reserve requirement regulation, it shall not be treated as time deposit liability, deposit substitute liability or other forms of borrowings: Provided, further, That the total amount of HT1 capital that may be included in the Tier 1 capital shall be limited to a
APP. 63b 11.12.31
maximum of fifteen percent (15%) of total Tier 1 capital (net of deductions enumerated in paragraph 3): Provided, furthermore, That the amount of HT1 capital in excess of the maximum limit shall be eligible for inclusion in the UT2 capital, subject to the limit in total Tier 2 capital. To determine the allowable amount of HT1 capital, the amount of total core Tier 1 capital (net of deductions enumerated in paragraph 3) should be multiplied by seventeen and sixty five percent (17.65%), the number derived from the proportion of fifteen percent (15%) to eighty five percent (85%), i.e., 15%/85% = 17.65%. E. Eligible unsecured subordinated debt 13. UnSD issuances by banks should comply with the following minimum conditions in order to be eligible as UT2 capital: a) It must be issued and fully paid-up. Only the net proceeds received from the issuance shall be included as capital; b) It must be available to absorb losses of the bank without it being obliged to cease carrying on business. The agreement governing its issuance should specifically provide for the coupon and principal to absorb losses where the bank would otherwise be insolvent, or for its holders to be treated as if they were holders of a specified class of share capital in any proceedings commenced for the winding up of the bank. Issue documentation must disclose to prospective investors the manner by which the instrument is to be treated in loss situation. Alternatively, the agreement governing its issuance can provide for automatic conversion into common shares or perpetual and non-cumulative shares or perpetual and cumulative preferred shares upon occurrence of certain trigger events, as follows:
i. Breach of minimum capital ratio; ii. Commencement of proceedings for winding up of the bank; or iii. Upon appointment of receiver for the bank. The rate of conversion must be fixed at the time of subscription to the instrument. The bank must also ensure that it has appropriate buffer of authorized capital stock and appropriate stockholders and board authorization for conversion/issue to take place anytime; c) Its holders must not have priority claim, in respect of principal and coupon payments in the event of winding up of the bank, which is higher than or equal with that of depositors, other creditors of the bank, and holders of LT2 capital instruments. Its holder must waive his right to set off any amount he owes the bank against any subordinated amount owed to him due to the UT2 capital instrument; d) It must neither be secured nor covered by a guarantee of the issuer or related party or other arrangement that legally or economically enhances the priority of the claim of any holder as against depositors, other creditors of the bank and holders of LT2 capital instruments; e) It must not be redeemable at the initiative of the holder. It must not be repayable prior to maturity without the prior approval of the BSP: Provided, That repayment may be allowed only in connection with a call option after a minimum of five (5) years from issue date: Provided, however, That a call option may be exercised within the first five (5) years from issue date when: i. It was issued for the purpose of a merger with or acquisition by the bank and the merger or acquisition is aborted; ii. There is a change in tax status of the UT2 capital instrument due to changes in the tax laws and/or regulations; or iii. It does not qualify as UT2 capital as
APP. 63b 11.12.31
determined by the BSP: Provided, further, That such repayment prior to maturity shall be approved by the BSP only if the debt is simultaneously replaced with issues of new capital which is neither smaller in size nor of lower quality than the original issue, unless the banks capital ratio remains more than adequate after redemption. It must not contain any clause which requires acceleration of payment of principal, except in the event of insolvency. The agreement governing its issuance must not contain any provision that mandates or creates an incentive for the bank to repay the outstanding principal of the instrument, e.g., a cross-default or negative pledge or a restrictive covenant, other than a call option which may be exercised by the bank; f) Its main features must be publicly disclosed by annotating the same on the instrument and in a manner that is easily understood by the investor; g) The proceeds of the issuance must be immediately available without limitation to the bank; h) The bank must have the option to defer any coupon payment where the bank: i. has not paid or declared a dividend on its common shares in the preceding financial year; or ii. determines that no dividend is to be paid on such shares in the current financial year; It is acceptable for the deferred coupon to bear interest but the interest rate payable must not exceed market rates; i) The coupon rate, or the formulation for calculating coupon payments must be fixed at the time of issuance and must not be linked to the credit standing of the bank; j) It may allow only one (1) moderate step-up in the coupon rate in conjunction with a call option, only if the step-up occurs at a minimum of ten (10) years after the issue date and if it results in an increase
over the initial rate that is not more than: i. 100 basis points less the swap spread between the initial index basis and the stepped-up index basis; or ii. fifty percent (50%) of the initial credit spread less the swap spread between the initial index basis and the stepped-up index basis. The swap spread should be fixed as of the pricing date and reflect the differential in pricing on that date between the initial reference security or rate and the steppedup reference security or rate; k) It must be underwritten by a third party not related to the issuer bank nor acting in reciprocity for and in behalf of the issuer bank; l) It must be issued in minimum denominations of at least P500,000.00 or its equivalent; m) It must clearly state on its face that it is not a deposit and is not insured by the PDIC; and n) The bank must submit a written external legal opinion that the abovementioned requirements, including the subordination and loss absorption features, have been met: Provided, That it shall be subject to a cumulative discount factor of twenty percent (20%) per year during the last five (5) years to maturity [i.e., twenty percent (20%) if the remaining life is four (4) years to less than five (5) years, forty percent (40%) if the remaining life is three (3) years to less than four (4) years, etc.]: Provided, further, That where it is denominated in a foreign currency, it shall be revalued in accordance with PAS 21: Provided, furthermore, That for purposes of reserve requirement regulation, it shall not be treated as time deposit liability, deposit substitute liability or other forms of borrowings. 14. UnSD issuances by banks should comply with the following minimum conditions in order to be eligible as LT2
APP. 63b 11.12.31
capital: a) It must be issued and fully paid-up. Only the net proceeds received from the issuance shall be included as capital; b) Its holders must not have priority claim, in respect of principal and coupon payments in the event of winding up of the bank, which is higher than or equal with that of depositors and other creditors of the bank. Its holder must waive his right to setoff any amount he owes the bank against any subordinated amount owed to him due to the LT2 capital instrument; c) It must neither be secured nor covered by a guarantee of the issuer or related party or other arrangement that legally or economically enhances the priority of the claim of any holder as against depositors and other creditors of the bank; d) It must not be redeemable at the initiative of the holder. It must not be repayable prior to maturity without the prior approval of the BSP: Provided , That repayment may be allowed only in connection with a call option after a minimum of five (5) years from issue date: Provided, however, That a call option may be exercised within the first five (5) years from issue date when: i. It was issued for the purpose of a merger with or acquisition by the bank and the merger or acquisition is aborted; ii. There is a change in tax status of the LT2 capital instrument due to changes in the tax laws and/or regulations; or iii. It does not qualify as LT2 capital as determined by the BSP: Provided, further, That such repayment prior to maturity shall be approved by the BSP only if the debt is simultaneously replaced with issues of new capital which is neither smaller in size nor of lower quality than the original issue, unless the banks capital ratio remains more than adequate after redemption. It must not contain any clause which
requires acceleration of payment of principal, except in the event of insolvency. The agreement governing its issuance must not contain any provision that mandates or creates an incentive for the bank to repay the outstanding principal of the instrument, e.g., a cross-default or negative pledge or a restrictive covenant, other than a call option which may be exercised by the bank; e) Its main features must be publicly disclosed by annotating the same on the instrument and in a manner that is easily understood by the investor; f) The proceeds of the issuance must be immediately available without limitation to the bank; g) The coupon rate, or the formulation for calculating coupon payments must be fixed at the time of issuance and must not be linked to the credit standing of the bank; h) It may allow only one (1) moderate step-up in the coupon rate in conjunction with a call option, only if the step-up occurs at a minimum of five (5) years after the issue date and if it results in an increase over the initial rate that is not more than: i. 100 basis points less the swap spread between the initial index basis and the stepped-up index basis; or ii. fifty percent (50%) of the initial credit spread less the swap spread between the initial index basis and the stepped-up index basis. The swap spread should be fixed as of the pricing date and reflect the differential in pricing on that date between the initial reference security or rate and the steppedup reference security or rate; i) It must be underwritten by a third party not related to the issuer bank nor acting in reciprocity for and in behalf of the issuer bank; j) It must be issued in minimum denominations of at least P500,000.00 or its equivalent; k) It must clearly state on its face that
APP. 63b 11.12.31
it is not a deposit and is not insured by the PDIC; and l) The bank must submit a written external legal opinion that the abovementioned requirements, including the subordination features, have been met: Provided, That it shall be subject to a cumulative discount factor of twenty percent (20%) per year during the last five (5) years to maturity [i.e., twenty percent (20%) if the remaining life is four (4) years to less than five (5) years, forty percent (40%) if the remaining life is three (3) years to less than four (4) years, etc.]: Provided, further, That where it is denominated in a foreign currency, it shall be revalued in accordance with PAS 21: Provided, furthermore, That for purposes of reserve requirement regulation, it shall not be treated as time deposit liability, deposit substitute liability or other forms of borrowings. 15. Capital instruments issued by banks starting 1 January 2011 should comply with
Credit Assessment1 Sovereigns MDBs Banks Interbank call loans Local government units Government corporations Corporates Housing loans MSME qualified portfolio Defaulted exposures Housing loans Others ROPA All other assets AAA 0% 0% 20% 20% 20% 20% AA+ to A+ AAto A0% 20% 20% 50% 20% 50% 20% 20% 20% 50% 50% 50%
the minimum conditions specified in Appendix 63d in order to be eligible as Hybrid Tier 1 or Lower Tier 2 capital.
(As amended by Circular Nos. 716 dated 25 March 2011 and 709 dated 10 January 2011)
Part III. Credit risk-weighted assets A. Risk-weighting 1. Banking book exposures shall be risk-weighted based on third party credit assessment of the individual exposure given by eligible external credit assessment institutions listed in Part III.C. The table below sets out the mapping of external credit assessments with the corresponding risk weights for banking book exposures. Exposures related to credit derivatives and securitizations are dealt with in Parts IV and V, respectively. Exposures should be risk-weighted net of specific provisions.
BBB+ to BB+ to BBBBB50% 100% 50% 100% 50% 100% 20% 50% 100% 100% 100% 100% 100% 50% 75% 100% 150% 150% 100% B+ to B100% 100% 100% 100% 150% 150% Below B150% 150% 150% 150% 150% 150%
STANDARDIZED CREDIT RISK WEIGHTS

Unrated 100% 100% 100% 2 100% 2 100% 2 100% 2
Sovereign Exposures 2. These include all exposures to central governments and central banks. All Philippine peso (Php) denominated exposures to the Philippine National Government (NG) and the BSP shall be risk-weighted at zero percent (0%). Foreign
1
currency denominated exposures to the NG and the BSP, however, shall be riskweighted according to the table above: Provided, That only one-third (1/3) of the applicable risk weight shall be applied from 01 July 2007, two-thirds (2/3) from
The notations follow the rating symbols used by Standard & Poor's. The mapping of ratings of all recognized external rating agencies is in Part III.C 2 Or risk weight applicable to sovereign of incorporation, whichever is higher
APP. 63b 11.12.31
01 January 2008, and the full risk weight from 01 January 20091. Exposures to the Bank for International Settlements (BIS), the International Monetary Fund (IMF), and the European Central Bank (ECB) and the European Community (EC) shall also receive zero percent (0%) risk weight.
(As amended by Circular No. 588 dated 11 December 2007)
or local governments. Exposures to Philippine GOCCs that are not explicitly guaranteed by the Philippine NG are also included in this category. Corporate Exposures 8. These include all exposures to business entities, which are not considered as micro, small, or medium enterprises (MSME), whether in the form of a corporation, partnership, or soleproprietorship. These also include all exposures to FIs, including securities dealers/brokers and insurance companies, not falling under the definition of Bank in paragraph 4. Housing Loans 9. These include all current loans to individuals for housing purpose, fully secured by first mortgage on residential property that is or will be occupied by the borrower2.
(As amended by M-2008-015 dated 19 March 2008)
MDB Exposures 3. These include all exposures to multilateral development banks. Exposures to the World Bank Group comprised of the IBRD and the IFC, the ADB, the AfDB, the EBRD, the IADB, the EIB, the European Investment Fund (EIF), the NIB, the CDB, the Islamic Development Bank (IDB), and the CEDB currently receive zero percent (0%) risk weight. However, it is the responsibility of the bank to monitor the external credit assessments of multilateral development banks to which they have an exposure to reflect in the risk weights any change therein. Bank Exposures 4. These include all exposures to Philippine-incorporated banks/QBs, as well as foreign-incorporated banks. Interbank Call Loans 5. Interbank call loans refer to interbank loans that pass through the Interbank Call Loan Funds Transfer System of the BSP, the BAP, and the PCHC. Exposures to Local Government Units 6. These include all exposures to non-central government public sector entities.
(As amended by Circular No. 717 dated 25 March 2011)
Micro, Small, and Medium Enterprises (MSME) 10. An exposure must meet the following criteria to be considered as an MSME exposure: a) The exposure must be to an MSME as defined under existing BSP regulations; and b) The exposure must be in the form of direct loans, or unavailed portion of committed credit lines and other business facilities such as outstanding guarantees issued and unused letters of credit: Provided, That the credit equivalent amounts thereof shall be determined in accordance with the methodology for off-balance sheet items. Qualified portfolio 11. For a banks portfolio of MSME exposures to be considered as qualified, it
Exposures to Government Corporations 7. These include all exposures to commercial undertakings owned by central
1
The capital treatment of banks holdings of ROP Global Bonds paired with Warrants under the BSP's revised riskbased capital adequacy framework is contained in Appendix 63b-1. 2 Includes housing microfinance loans under Sec. X361.5
APP. 63b 11.12.31
must be a highly diversified portfolio, i.e., it has at least 500 borrowers that are distributed over a number of industries. In addition, all MSME exposures in the qualified portfolio must be current exposures. All non-current MSME exposures are excluded from count and are to be treated as ordinary non-performing loans. Current MSME exposures not qualifying under highly diversified MSME portfolio will be riskweighted based on external rating and shall be risk-weighted in the same manner as corporate exposures. Defaulted Exposures 12. A default is considered to have occurred in the following cases: a) If a credit obligation is considered non-performing under existing rules and regulations. For non-performing debt securities, they shall be defined as follows: i. For zero-coupon debt securities, and debt securities with quarterly, semi-annual, or annual coupon payments, they shall be considered non-performing when principal and/or coupon payment, as may be applicable, is unpaid for thirty (30) days or more after due date; and ii. For debt securities with monthly coupon payments, they shall be considered non-performing when three (3) or more coupon payments are in arrears: Provided, however, That when the total amount of arrearages reaches twenty percent (20%) of the total outstanding balance of the debt security, the total outstanding balance of the debt security shall be considered as non-performing. b) If a borrower/obligor has sought or has been placed in bankruptcy, has been found insolvent, or has ceased operations in the case of businesses; c) If the bank sells a credit obligation at a material credit-related loss, i.e., excluding gains and losses due to interest rate movements. Banks board-approved
internal policies must specifically define when a material credit-related loss occurs; and d) If a credit obligation of a borrower/ obligor is considered to be in default, all credit obligations of the borrower/obligor with the same bank shall also be considered to be in default. Housing loans 13. These include all loans to individuals for housing purpose, fully secured by first mortgage on residential property that is or will be occupied by the borrower, which are considered to be in default in accordance with paragraph 12. Others 14. These include the total amounts or portions of all other defaulted exposures, which are not secured by eligible collateral or guarantee as defined in Part III.B. ROPA 15. All real and other properties acquired and classified as such under existing regulations. Other Assets 16. The standard risk weight for all other assets, including bank premises, furniture, fixtures and equipment, will be 100%, except in the following cases: a) Cash on hand and gold, which shall be risk-weighted at zero percent (0%); b) Checks and other cash items, which shall be risk-weighted at twenty percent (20%); and c) Loans to small farmer and fisherfolk engaged in palay and/or food production projects/activities to the extent guaranteed by the Agricultural Guarantee Fund Pool (AGFP) created under Administrative Order No. 225-A dated 26 May 2008, which shall be risk weighted at twenty percent (20%): Provided, That a separate fund is maintained
APP. 63b 11.12.31
to guarantee the loans originated by banks: Provided, further , That the maximum allowable leveraging ratio of the fund maintained to guarantee bank loans shall be two (2), i.e., the maximum amount of loans guaranteed by the fund is twice the amount of money in the fund: Provided, furthermore, That the fund maintained to guarantee bank loans is invested in assets that are zero percent (0%) risk-weighted under this risk-based capital adequacy framework.
(As amended by Circular No. 713 dated 14 February 2011)
Accruals on a claim shall be classified and risk-weighted in the same way as the claim. Bills purchased shall be classified and risk-weighted as claims on the drawee bank. The treatments of credit derivatives and securitization exposures are presented separately in Parts IV and V, respectively. Investments in equity or other regulatory capital instruments issued by banks or other financial/non-financial allied/non-allied undertakings will be risk-weighted at 100%, unless deductible from the capital base as required in Part II. Off-balance sheet items 17. For off-balance sheet items, the riskweighted amount shall be calculated using a two-step process. First, the credit equivalent amount of an off-balance sheet item shall be determined by multiplying its notional principal amount by the appropriate credit conversion factor, as follows: a) 100% credit conversion factor - this shall apply to direct credit substitutes, e.g., general guarantees of indebtedness (including standby letters of credit serving as financial guarantees for loans and securities) and acceptances (including endorsements with the character of acceptances), and shall include: i. Guarantees issued other than shipside bonds/airway bills;
ii. Financial standby letters of credit b) Fifty percent (50%) credit conversion factor this shall apply to certain transaction-related contingent items, e.g., performance bonds, bid bonds, warranties and standby letters of credit related to particular transactions, and shall include: i. Performance standby letters of credit (net of margin deposit), established as a guarantee that a business transaction will be performed; This shall also apply to i. Note issuance facilities and revolving underwriting facilities; and ii. Other commitments, e.g., formal standby facilities and credit lines with an original maturity of more than one (1) year, and this shall also include Underwritten Accounts Unsold. c) Twenty percent (20%) credit conversion factor this shall apply to shortterm, self-liquidating trade-related contingencies arising from movement of goods, e.g., documentary credits collateralized by the underlying shipments, and shall include: i. Trade-related guarantees: - Shipside bonds/airway bills - Letters of credit confirmed ii. Sight letters of credit outstanding (net of margin deposit); iii. Usance letters of credit outstanding (net of margin deposit); iv. Deferred letters of credit (net of margin deposit); and v. Revolving letters of credit (net of margin deposit) arising from movement of goods and/or services; This shall also apply to commitments with an original maturity of up to one (1) year, and shall include Committed Credit Line for Commercial Paper Issued. d) Zero percent (0%) credit conversion factor this shall apply to commitments which can be unconditionally cancelled at any time by the bank without prior notice,
APP. 63b 11.12.31
and shall include Credit Card Lines. This shall also apply to those not involving credit risk, and shall include: i. Late deposits/payments received; ii. Inward bills for collection; iii. Outward bills for collection; iv. Travelers checks unsold; v. Trust department accounts; vi. Items held for safekeeping/ custodianship; vii. Items held as collaterals; viii.Deficiency claims receivable; and ix. Others. 18. For derivative contracts, the credit equivalent amount shall be the sum of the current credit exposure (or replacement cost) and an estimate of the potential future credit exposure (or add-on). However, the following shall not be included in the computation: a) Instruments which are traded in an exchange where they are subject to daily receipt and payment of cash variation margin; and b) Exchange rate contract with original maturity of fourteen (14) calendar days or less. 19. The current credit exposure shall be the positive mark-to-market value of the contract (or zero if the mark-to-market value is zero or negative). The potential future credit exposure shall be the product of the notional principal amount of the contract multiplied by the appropriate potential future credit conversion factor, as indicated below:
Interest Exchange Rate Rate Equity Contract Contract Contract One (1) year or less 0.0% 1.0% 6.0% Over one (1) year to five (5) years 0.5% 5.0% 8.0% Over five (5) years 1.5% 7.5% 10.0% Residual Maturity
multiplied by the number of remaining payments in the contract; b) For contracts that are structured to settle outstanding exposure following specified payment dates and where the terms are reset such that the market value of the contract is zero on these specified dates, the residual maturity would be set equal to the time until the next reset date, and in the case of interest rate contracts with remaining maturities of more than one (1) year that meet these criteria, the potential future credit conversion factor is subject to a floor of one-half percent (1/2%); and c) No potential future credit exposure shall be calculated for single currency floating/floating interest rate swaps, i.e., the credit exposure on these contracts would be evaluated solely on the basis of their mark-to-market value. 20. The credit equivalent amount shall be treated like any on-balance sheet asset, and shall be assigned the appropriate risk weight, i.e., according to the third party credit assessment of the counterparty exposure. B. Credit risk mitigation (CRM) 21. Banks use a number of techniques to mitigate the credit risks to which they are exposed. For example, exposures may be collateralized by first priority claims, in whole or in part with cash or securities, or a loan exposure may be guaranteed by a third party. Physical collateral, such as real estate, buildings, machineries, and inventories are not recognized at this time for credit risk mitigation purposes in line with Basel II recommendations. 22. In order for banks to obtain capital relief for any use of CRM techniques, all documentation used in collateralized transactions and for documenting guarantees must be binding on all parties and legally enforceable in all relevant jurisdictions. Banks must have conducted
Provided, That: a) For contracts with multiple exchanges of principal, the factors are to be
APP. 63b 11.12.31
sufficient legal review to verify this and have a well-founded legal basis to reach this conclusion, and undertake such further review as necessary to ensure continuing enforceability. 23. The effects of CRM will not be double counted. Therefore, no additional supervisory recognition of CRM for regulatory capital purposes will be granted on claims for which an issue-specific rating is used that already reflects that CRM. Principal-only ratings will not be allowed within the framework of CRM. 24. While the use of CRM techniques reduces or transfers credit risk, it simultaneously may increase other risks (residual risks). Residual risks include legal, operational, liquidity and market risks. Therefore, it is imperative that banks employ robust procedures and processes to control these risks, including strategy; consideration of the underlying credit; valuation; policies and procedures; systems; control of roll-off risks; and management of concentration risk arising from the banks use of CRM techniques and its interaction with the banks overall credit risk profile. 25. The disclosure requirements under Part VIII of this document must also be observed for banks to obtain capital relief (i.e., adjustments in the risk weights of collateralized or guaranteed exposures) in respect of any CRM techniques. Collateralized transactions 26. A collateralized transaction is one in which: a) banks have a credit exposure or potential credit exposure; and b) that credit exposure or potential credit exposure is hedged in whole or in part by collateral posted by a counterparty1 or by a third party in behalf of the counterparty. 27. In addition to the general requirement for legal certainty set out in
1
paragraph 22, the legal mechanism by which collateral is pledged or transferred must ensure that the bank has the right to liquidate or take legal possession of it, in a timely manner, in the event of default, insolvency or bankruptcy (or one or more otherwisedefined credit events set out in the transaction documentation) of the counterparty (and, where applicable, of the custodian holding the collateral). Furthermore, banks must take all steps necessary to fulfill those requirements under the law applicable to the banks interest in the collateral for obtaining and maintaining an enforceable security interest, e.g., by registering it with a registrar, or for exercising a right to net or set off in relation to title transfer collateral. 28. In order for collateral to provide protection, the credit quality of the counterparty and the value of the collateral must not have a material positive correlation. For example, securities issued by the counterparty or by any related group entity would provide little protection and so would be ineligible. 29. Banks must have clear and robust procedures for the timely liquidation of collateral to ensure that any legal conditions required for declaring the default of the counterparty and liquidating the collateral are observed, and that collateral can be liquidated promptly. 30. Where the collateral is required to be held by a custodian, the BSP will only recognize the collateral for regulatory capital purposes if it is held by BSP-authorized third party custodians. 31. A capital requirement will be applied to a bank on either side of the collateralized transaction: for example, both repos and reverse repos will be subject to capital requirements. Likewise, both sides of a securities lending and borrowing transaction will be subject to explicit capital charges, as will the posting of securities in
Counterparty refers to a party to whom a bank has an on- or off-balance sheet credit exposure or a potential credit exposure.
APP. 63b 11.12.31
connection with a derivative exposure or other borrowing. Banking book 32. Where banks take eligible collateral, as listed in paragraph 34, and satisfies the requirements under paragraphs 27 to 31, they are allowed to apply the risk weight of the collateral to the collateralized portion of the credit exposure (equivalent to the fair market value of recognized collateral), subject to a floor of twenty percent (20%). The twenty percent (20%) floor shall not apply and a zero percent (0%) risk weight can be applied when the exposure and the collateral are denominated in the same currency, and either: a) The collateral is cash as defined in paragraph 34.a; or b) The collateral is a sovereign debt security eligible for zero percent (0%) risk weight, or a Php-denominated debt obligation issued by the Philippine NG or the BSP, which fair market value has been discounted by twenty percent (20%). 33. For collateral to be recognized, however, the collateral must be pledged for at least the life of the exposure and it must be marked to market and revalued with a minimum frequency of every six (6) months. 34. The following are the eligible collateral instruments: a) Cash (as well as certificates of deposit or comparable instruments issued by the lending bank) on deposit with the bank which is incurring the counterparty exposure; b) Gold; c) Debt obligations issued by the Philippine NG or the BSP; d) Debt securities issued by central governments and central banks (and PSEs treated as sovereigns) of foreign countries as well as MDBs with at least investment grade external credit ratings; e) Other debt securities with external
1
credit ratings of at least BBB- or its equivalent; f) Unrated senior debt securities issued by banks with an issuer rating of at least BBB- or its equivalent, or with other debt issues of the same seniority with a rating of at least BBB- or its equivalent; g) Equities included in the main index of an organized exchange; and h) Investments in Unit Investment Trust Funds (UITF) and the Asian Bond Fund 2 (ABF2) duly approved by the BSP. Trading book 35. A credit risk capital requirement should also be applied to banks counterparty exposures in the trading book (e.g., repo-style transactions, OTC derivatives contracts). Where banks take eligible collateral for these trading book transactions, as listed in paragraph 34, and satisfies the requirements under paragraphs 27 to 31, they are to compute for the credit risk capital requirement according to the following paragraphs: Provided, That, for repo-style transactions in the trading book, all instruments which are included in the trading book may be used as eligible collateral. 36. For collateralized transactions in the trading book, the exposure amount after risk mitigation is calculated as follows: E* = max {0, [E x (1 + He) C x (1 Hc Hfx)]} Where: E* = the exposure value after risk mitigation E = the current value of the exposure H e = haircut appropriate to the exposure C = the current value of the collateral received H c = haircut appropriate to the collateral Hfx = haircut appropriate for currency mismatch between the collateral and exposure set at 8% (based on a 10-business day holding period and daily marking to market)
The notations follow the rating symbols used by Standard & Poor's. The mapping of ratings of all recognized external rating agencies is in Part III.C
APP. 63b 11.12.31
37. The treatment of transactions where there is a maturity mismatch between the maturity of the counterparty exposure and the collateral is given in paragraphs 50 to 54. 38. These are the haircuts to be used (based on a 10-business day holding period, daily marking to market and daily remargining), expressed as percentages:
Haircut Sovereign Other (and PSEs Issuers treated as sovereign) and MDB (with 0% risk weight) issuers 0.5 2 4 0.5 2 4 1 3 6 15 Highest haircut applicable to any security in which the fund can invest 0 25 1 4 8 2 6 12
equivalent amount will be computed according to paragraphs 18 to 19, but adjusted by deducting the volatility adjusted collateral amount as computed according to paragraphs 36 to 39. 41. The exposure amount after risk mitigation will be multiplied by the risk weight of the counterparty to obtain the riskweighted asset amount for the collateralized transaction. Guarantees 42. Where guarantees are direct, explicit, irrevocable and unconditional, banks may be allowed to take account of such credit protection in calculating capital requirements. 43. A guarantee must represent a direct claim on the protection provider and must be explicitly referenced to specific exposures or a pool of exposures, so that the extent of the cover is clearly defined and incontrovertible. Other than non-payment by a protection purchaser of money due in respect of the credit protection contract, the guarantee must be irrevocable; there must be no clause in the contract that would allow the protection provider unilaterally to cancel the credit cover or that would increase the effective cost of cover as a result of deteriorating credit quality in the hedged exposure. It must also be unconditional; there should be no clause in the protection contract outside the direct control of the bank that could prevent the protection provider from being obliged to pay out in a timely manner in the event that the original counterparty fails to make the payment(s) due. 44. In addition to the legal certainty requirement in paragraph 22, in order for a guarantee to be recognized, the following conditions must be satisfied: a) On the qualifying default/ non-payment of the counterparty, the bank may in a timely manner pursue the guarantor
Issue rating for debt securities1
Residual maturity
Php denomi<1 year nated securities issued by the >1 yr. to < 5 yrs. Philippine NG > 5 years and BSP <1 year AAA to AA>1 yr. to < 5 yrs. > 5 years A+ to BBB-/ <1 year Unrated bank >1 yr. to < 5 yrs. debt securities > 5 years as defined in paragraph 34.f Equities included in the main index and gold UITF and ABF2
Cash per paragraph 34.a in the same currency Other financial instruments in the trading book (applies to repostyle transactions in the trading book only)
39. Where the collateral is a basket of assets, the haircut on the basket will be H =Sai Hi, where ai is the weight of the asset in the basket and Hi is the haircut applicable to that asset. 40. For collateralized OTC derivatives transactions in the trading book, the credit
APP. 63b 11.12.31
for any monies outstanding under the documentation governing the transaction. The guarantor may make one lump sum payment of all monies under such documentation to the bank, or the guarantor may assume the future payment obligations of the counterparty covered by the guarantee. The bank must have the right to receive any such payments from the guarantor without first having to take legal actions in order to pursue the counterparty for payment; b) The guarantee is an explicitly documented obligation assumed by the guarantor; and c) The guarantee must cover all types of payments the underlying obligor is expected to make under the documentation governing the transaction, for example, notional amount, margin payments, etc. Where a guarantee covers payment of principal only, interests and other uncovered payments should be treated as an unsecured amount. 45. Where the banks exposure is guaranteed by an eligible guarantor, as listed in paragraph 47, and satisfies the requirements under paragraphs 42 to 44, the bank is allowed to apply the risk weight of the guarantor to the guaranteed portion of the credit exposure. 46. The treatment of transactions where there is a mismatch between the maturity of the counterparty exposure and the guarantee is given in paragraphs 50 to 54. 47. The following are the eligible guarantors: a) Philippine NG and the BSP; b) Central governments and central banks and PSEs of foreign countries as well as MDBs with a lower risk weight than the counterparty; c) Banks with a lower risk weight than the counterparty; d) Other entities with external credit assessment of at least A- or its equivalent;
and e) The Agricultural Guarantee Fund Pool (AGFP) created under Administrative Order No. 225-A dated 26 May 2008.
(As amended by Circular No. 713 dated 14 February 2011
48. Where a bank provides a credit protection to another bank in the form of a guarantee that a third party will perform on its obligations, the risk to the guarantor bank is the same as if the bank had entered into the transaction as a principal. In such circumstances, the guarantor bank will be required to calculate capital requirement on the guaranteed amount according to the risk weight corresponding to the third party exposure. In this instance, and provided the credit protection is deemed to be legally effective, the credit risk is considered transferred to the bank providing credit protection. However, the bank receiving credit protection on its exposure to a third party shall recognize a corresponding riskweighted credit exposure to the bank providing credit protection. 49. An exposure that is covered by a guarantee that is counter-guaranteed by the Philippine NG or BSP, may be considered as covered by the guarantee of the Philippine NG or BSP: Provided, That: a) the counter-guarantee covers all credit risk element of the exposure; b) both the original guarantee and the counter-guarantee meet all operational requirements for guarantees, except that the counter guarantee need not be direct and explicit to the original exposure; and c) the cover is robust and that no historical evidence suggests that the coverage of the counter-guarantee is less than effectively equivalent to that of a direct guarantee of the Philippine NG and BSP. Currently, Php-denominated exposures to the extent guaranteed by Industrial Guarantee and Loan Fund (IGLF), Home 1\ Guaranty Corporation (HGC) , and Trade and Investment Development Corporation
1\ Housing microfinance loans under Sec. X361.5 to the extent guaranteed by the HGC, shall be subject to a zero percent (0%) risk weight.
APP. 63b 11.12.31
of the Philippines (TIDCORP), which guarantees are counter-guaranteed by the Philippine NG receive zero percent (0%) risk weight.
(As amended by M-2008-015 dated 19 March 2008)
Maturity mismatch 50. For collateralized transactions in the trading book and guaranteed transactions, the credit risk mitigating effects of such transactions will still be recognized even if a maturity mismatch occurs between the hedge and the underlying exposure, subject to appropriate adjustments. 51. For purposes of calculating risk-weighted assets, a maturity mismatch occurs when the residual maturity of a hedge is less than that of the underlying exposure. 52. The maturity of the hedge and the maturity of the underlying exposure should both be defined conservatively. For the hedge, embedded options which may reduce the term of the hedge should be taken into account so that the shortest possible effective maturity is used. Where a call is at the discretion of the guarantor/ protection seller, the maturity will always be at the first call date. If the call is at the discretion of the protection buying bank but the terms of the arrangement at origination of the hedge contain a positive incentive for the bank to call the transaction before contractual maturity, the remaining time to the first call date will be deemed to be the effective maturity. For example, where there is a step-up in cost in conjunction with a call feature or where the effective cost of cover increases over time even if credit quality remains the same or increases, the effective maturity will be the remaining time to the first call. The effective maturity of the underlying, on the other hand, should be gauged as the longest remaining time before the counterparty is
scheduled to fulfill its obligation, taking into account any applicable grace period. 53. Hedges with maturity mismatches are only recognized when their original maturities are greater than or equal to one year. As a result, the maturity of hedges for exposures with original maturities of less than one (1) year must be matched to be recognized. In all cases, hedges will no longer be recognized when they have a residual maturity of three months or less. 54. When there is a maturity mismatch with recognized credit risk mitigants, the following adjustment will be applied. Pa = P x (t 0.25)/(T 0.25) Where: Pa = value of the credit protection adjusted for maturity mismatch P = credit protection (e.g., collateral amount, guarantee amount) adjusted for any haircuts t = min (T, residual maturity of the credit protection arrangement) expressed in years T = min (5, residual maturity of the exposure) expressed in years C. Use of third party credit assessments 55. The following third party credit assessment agencies are recognized by the BSP for regulatory capital purposes: International credit assessment agencies: a) Standard & Poors; b) Moodys; c) Fitch Ratings; and d) Such other rating agencies as may be approved by the Monetary Board. Domestic credit assessment agencies: a) PhilRatings; and b) Such other rating agencies as may be approved by the Monetary Board. 56. The tables below set out the mapping of ratings given by the recognized credit assessment agencies for purposes of determining the appropriate risk weights: exclusively for use in the 57.
APP. 63b 11.12.31
Agency S&P Moodys Fitch Agency PhilRatings Agency S&P Moodys Fitch Agency PhilRatings Agency S&P Moody's Fitch Agency PhilRatings
AAA Aaa AAA AAA BBB+ Baa1 BBB+ Baa+ B B2 B B
AA+ Aa1 AA+ Aa+
INTERNATIONAL RATINGS AA AAA+ Aa2 Aa3 A1 AA AAA+ DOMESTIC RATINGS Aa AaA+
A A2 A A BBBa3 BBBa-
AA3 AAB+ B1 B+ B+
INTERNATIONAL RATINGS BBB BBBBB+ BB Baa2 Baa3 Ba1 Ba2 BBB BBBBB+ BB Baa BB3 BDOMESTIC RATINGS BDOMESTIC RATINGS BaaBa+ Ba INTERNATIONAL RATINGS
57. The BSP will issue the mapping of ratings of other rating agencies as soon as it is recognized by the BSP for regulatory capital purposes. National Rating Systems 58. With prior BSP approval, international credit rating agencies may have national rating systems developed exclusively for use in the Philippines using the Philippines using the Philippine sovereign as reference highest credit quality anchor. Multiple Assessments 59. If an exposure has only one rating by any of the BSP recognized credit assessment agencies, that rating shall be used to determine the risk weight of the exposure; in cases where there are two or more ratimgs which map into different risk
weights, the higher of the two lowest risk weights should be used. Issuer versus issue assessments 60. Any reference to credit rating shall refer to issue-specific rating; the issuer rating may be used only if the exposure being riskweighted is: a) an unsecured senior obligation of the issuer and is of the same denomination applicable to the issuer rating (e.g., local currency issuer rating may be used for risk weighting local currency denominated senior claims); b) short-term; and c) in cases of guarantees. 61. For loans, risk weighting shall depend on either the rating of the borrower or the rating of the unsecured senior obligation of the borrower: Provided, That in case of the latter, the loan is of the same
APP. 63b 11.12.31
currency denomination as the unsecured senior obligation. Domestic versus international debt issuances 62. Domestic debt issuances may be rated by BSP-recognized domestic credit assessment agencies or by international credit assessment agencies which have developed a national rating system acceptable to the BSP. Internationally-issued debt obligations shall be rated by BSPrecognized international credit assessment agencies only. Level of application of the assessment 63. External credit assessments for one entity within a corporate group cannot be used to proxy for the credit assessment of other entities within the same group. Such other entities should secure their own ratings. Part IV. Credit Derivatives 1. This Part sets out the capital treatment for credit derivatives. Banks may use credit derivatives to mitigate its credit risks or to acquire credit risks. For credit derivatives that are used as credit risk mitigants (CRM), the general requirements for the use of CRM techniques in paragraphs 21 to 25, Part III.B, have to be satisfied, in addition to the specific operational requirements for credit derivatives in paragraphs 8 to 14. 2. The contents of this Part are just the general rules to be followed in computing capital requirements for credit derivatives. A bank, therefore, is expected to consult the BSP-SES when there is uncertainty about the computation of capital requirements, or even about whether a given transaction should be treated under the credit derivatives framework.
A. Definitions and general terminology 3. Credit derivative a contract wherein one party called the protection buyer or credit risk seller transfers the credit risk of a reference asset or assets issued by a reference entity or entities, which it may or may not own, to another party called the protection seller or credit risk buyer. In return, the protection buyer pays a premium or interest-related payments to the protection seller reflecting the underlying credit risk of the reference asset/s. Credit derivatives may refer to credit default swaps (CDS), total return swaps (TRS), and credit-linked notes (CLN) and similar products. 4. Credit default swap a credit derivative wherein the protection buyer may exchange the reference asset or any deliverable obligation of the reference entity for cash equal to a specified amount, or get compensated to the extent of the difference between the par value and market value of the asset upon the occurrence of a defined credit event. 5. Total return swap a credit derivative wherein the protection buyer exchanges the actual collections and variations in the prices of the reference asset with the protection seller in return for a fixed premium. 6. Credit-linked note a pre-funded credit derivative wherein the note holder acts as a protection seller while the note issuer is the protection buyer. As such, the repayment of the principal to the note holder is contingent upon the non-occurrence of a defined credit event. All references to CLNs shall be taken to generically include similar instruments, such as credit-linked deposits (CLDs). 7. Special purpose vehicle refers to an entity specifically established to issue CLNs of a single, homogeneous risk class that are fully collateralized as to principal by eligible collateral instruments listed in paragraph 34, Part III.B, and which are
APP. 63b 11.12.31
purchased out of the proceeds of the note issuance. B. Operational requirements for credit derivatives 8. A credit derivative must represent a direct claim on the protection seller and must be explicitly referenced to specific exposures or a pool of exposures, so that the extent of the cover is clearly defined and incontrovertible. Other than non-payment by a protection buyer of money due in respect of the credit derivative contract, it must be irrevocable; there must be no clause in the contract that would allow the protection seller unilaterally to cancel the credit cover or that would increase the effective cost of cover as a result of deteriorating credit quality in the hedged exposure. It must also be unconditional; there should be no clause in the credit derivative contract outside the direct control of the protection buyer that could prevent the protection seller from being obliged to pay out in a timely manner in the event of a defined credit event. 9. The credit events specified by the contracting parties must at a minimum cover: a) failure to pay the amounts due under terms of the underlying obligation that are in effect at the time of such failure (with a grace period that is closely in line with the grace period in the underlying obligation); b) bankruptcy, insolvency or inability of the obligor to pay its debts, or its failure or admission in writing of its inability generally to pay its debts as they become due, and analogous events; and c) restructuring of the underlying obligation involving forgiveness or postponement of principal, interest or fees that results in a credit loss event (i.e., charge-off, specific provision or other similar debit to the profit and loss account). 10. The credit derivative shall not
terminate prior to expiration of any grace period required for a default on the underlying obligation to occur as a result of a failure to pay, subject to the provisions of paragraph 52 of Part III.B. 11. Credit derivatives allowing for cash settlement are recognized for capital purposes insofar as a robust valuation process is in place in order to estimate loss reliably. There must be a clearly specified period for obtaining post-credit event valuations of the underlying obligation. 12. If the protection buyers right or ability to transfer the underlying obligation to the protection seller is required for settlement, the terms of the underlying obligation must provide that any required consent to such transfer may not be unreasonably withheld. 13. The identity of the parties responsible for determining whether a credit event has occurred must be clearly defined. This determination must not be the sole responsibility of the protection seller. The bank as protection buyer must have the right/ability to inform the protection seller of the occurrence of a credit event. 14. Asset mismatches (underlying obligation is different from the obligation used for purposes of determining cash settlement or the deliverable obligation, or from the obligation used for purposes of determining whether a credit event has occurred) are permissible if: a) the obligation used for purposes of determining cash settlement or the deliverable obligation, or the obligation used for purposes of determining whether a credit event has occurred ranks pari passu with or is junior to the underlying obligation; and b) both obligations share the same obligor (i.e., the same legal entity) and legally enforceable cross-default or
APP. 63b 11.12.31
cross-acceleration clauses are in place. C. Capital treatment for protection buyers 15. A bank that enters into a credit derivative transaction as a protection buyer in order to hedge an existing exposure in the banking book may only get capital relief if all the general requirements for the use of CRM techniques in paragraphs 21 to 25, Part III.B and the conditions in paragraphs 8 to 14 are satisfied. In addition, only the eligible guarantors listed in paragraph 47, Part III.B are considered as eligible protection sellers. 16. If all of the conditions in paragraph 15 are satisfied, banks that are protection buyers may apply the risk weight of the protection seller to the protected portion of the exposure being hedged. The risk weight of the protection seller should therefore be lower than the risk weight of the exposure being hedged for capital relief to be recognized. Exposures that are protected through the issuance of CLNs will be treated as transactions collateralized by cash and a zero percent (0%) risk weight is applied to the protected portion. The uncovered portion shall retain the risk weight of the banks underlying counterparty. 17. The protected portion of an exposure is measured as follows: a) The fixed amount, if such is to be paid upon the occurrence of a credit event; or b) The notional value of the contract if either (1) par is to be paid in exchange for physical delivery of the reference asset, or (2) par less market value of the asset is to be paid upon the occurrence of a credit event. 18. A bank may obtain credit protection for a basket of reference entities where the contract terminates and pays out on the first entity to default. In this case, the bank may substitute the risk weight of the protection seller for the risk weight of the asset within
the basket with the lowest risk-weighted amount, but only if the notional amount is less than or equal to the notional amount of the credit derivative. 19. Where the contract terminates and pays out on the nth (other than the first) entity to default, the bank will only be able to recognize any reductions in the risk weight of the underlying asset if (n-1)th defaultprotection has also been obtained or when n-1 of the assets within the basket has already defaulted. 20. Where the contract is referenced to entities in the basket proportionately, reductions in the risk weight will only apply to the extent of the underlying assets share of protection in the contract. 21. When a bank conducts an internal hedge using a credit derivative (i.e., hedging the credit risk of an exposure in the banking book with a credit derivative booked in the trading book), in order for the bank to receive any reduction in the capital requirement for the exposure in the banking book, the credit risk in the trading book must be transferred to an outside third party (i.e., an eligible protection seller). 22. Where a bank buys credit protection through a TRS and records the net payments received on the swap as net income, but does not record offsetting deterioration in the value of the asset that is protected (either through reductions in fair value or by an addition to reserves), the credit protection will not be recognized. 23. Materiality thresholds on payments below which no payment is made in the event of loss are equivalent to retained first loss positions and must be deducted in full from the capital of the bank buying the credit protection. 24. Where the credit protection is denominated in a currency different from that in which the exposure is denominated i.e., there is a currency mismatch the protected portion of the exposure will be
APP. 63b 11.12.31
reduced by the application of a haircut, as follows: Ga = G x (1 Hfx) Where:

Ga = adjusted protected portion of the exposure G = protected portion of the exposure prior to haircut Hfx = haircut appropriate for currency mismatch between the credit protection and underlying obligation set at eight percent (8%) (based on a 10-business day holding period and daily marking to market)
25. Where a maturity mismatch occurs between the credit protection and the underlying exposure, the protected portion of the exposure adjusted for maturity mismatch will be computed according to paragraph 50 to 54, Part III.B. D. Capital treatment for protection sellers 26. Where a bank is a protection seller in a CDS or TRS transaction, it must calculate a capital requirement on the reference asset as if it were a direct investor in the reference asset. The risk weight of the reference asset is multiplied by the nominal amount of the protection provided by the credit derivative to obtain the risk-weighted exposure. 27. For a bank holding a CLN, credit exposure is acquired on two fronts. As such, the on-balance sheet exposure arising from the note should be weighted by adding the risk weights of the reference entity and the risk weight of the note issuer. The amount of exposure is the carrying amount of the note. If the CLN principal is fully collateralized by an eligible collateral listed in paragraph 34, Part III.B, and which satisfies the requirements in paragraphs 27 to 31, Part III.B, the risk weight of the note issuer is substituted with the risk weight associated with the relevant collateral.
28. When the credit derivative is referenced to a basket of reference entities and the contract terminates and pays out on the first entity to default in the basket, capital should be held to consider the cumulative risk of all the reference entities in the basket. This means that the risk weights of all the reference entities are added up and multiplied by the amount of the protection provided by the credit derivative to obtain the risk-weighted exposure to the basket. However, the riskweighted exposure is capped at ten (10) times the protection provided under the contract. Accordingly, the maximum capital charge is 100% of the protection provided under the contract. The multiplier ten (10) is the reciprocal of the BSP-required minimum CAR of ten percent (10%). For CLNs, the risk weight of the issuer is likewise included in the summing of the risk weights. 29. When the contract terminates and th pays out on the n (other than the first) entity to default, the treatment above shall apply except that in aggregating the risk weights of the reference entities, the risk weight/s of the n-1 lowest risk-weighted entity/ies is/ are excluded from the computation. For CLNs, the risk weight of the issuer is likewise included in the summing of the risk weights. th 30. When a first or an n -to-default credit derivative has an external credit rating acceptable to the BSP, the risk weight in paragraph 21, Part V.F will be applied. 31. A contract that is referenced to entities in the basket proportionately should be risk-weighted according to each reference entitys share of protection under the contract. E. Credit derivatives in the trading book 32. The following describes the positions to be reported for credit derivative transactions for purposes of calculating
APP. 63b 11.12.31
specific risk and general market risk charges under the standardized approach. 33. A CDS creates a notional position in the specific risk of the reference obligation. A TRS creates notional positions on the specific and general market risks of the reference obligation, and an opposite notional position on a zero coupon government security representing the fixed payments or premium under the TRS. A CLN creates a notional position in the specific risk of the reference obligation, a position on the specific risk associated with the issuer, and a position on the general market risk of the note. Specific risk 34. The specific risk position/s on the reference obligation/s created by credit derivatives are reported as short positions by protection buyers and long positions by protection sellers. In addition, holders of CLNs should report a long position on the specific risk of the note issuer. 35. The protection buyer in a first-todefault transaction should report a short position in the reference obligation with the lowest specific risk charge. A th protection buyer in an n (other than the first)-to-default transaction shall only be allowed to report a short position in a reference obligation only if n-1 obligations in the reference basket has/have already defaulted. 36. When a credit derivative is referenced to multiple entities and the contract terminates and pays out on the first obligation to default in the basket, the transaction should be reported by the protection seller as long positions in each of the reference obligations in the basket. A CLN should likewise be reported as a long position on the note issuer. The total capital charge is capped at the notional amount of the derivative or, in the case of a CLN, the carrying amount of the note.
37. When the contract terminates and th pays out on the n (other than the first) entity to default in the basket, the treatment above shall apply except that the protection seller may exclude the long position/s on n-1 reference obligations with the lowest riskweighted exposures in its report. A CLN should likewise be reported as a long position on the note issuer. The total capital charge is capped at the notional amount of the derivative or, in the case of a CLN, the carrying amount of the note. th 38. When an n -to-default credit derivative has an external credit rating acceptable to the BSP, the specific risk weights in Part VI.B will be applied. 39. When the contract is referenced to multiple obligations under a proportionate structure, positions in the reference obligations should be reported according to their respective proportions in the contract. General market risk 40. A protection buyer/seller in a TRS should report a short/long notional position on the reference obligation and a long/short notional position on a zero coupon government security representing the fixed payment under the contract. 41. A protection buyer/seller in a CLN should report a short/long position on the note. Counterparty credit risk 42. CDS and TRS transactions in the trading book attract counterparty credit risk charges. A five percent (5%) add-on factor for the computation of the potential future credit exposure shall be used by both protection buyers and protection sellers if the reference obligation has an external credit rating of at least BBB- or its equivalent. A ten percent (10%) add-on factor applies to all other reference obligations. However, a protection seller in a CDS shall only be subject to the add-on factor if it is subject to
APP. 63b 11.12.31
closeout upon the insolvency of the protection buyer while the underlying is still solvent. The add-on in this case should be capped to the amount of unpaid premiums. 43. Where the credit derivative is a first to default transaction, the add-on will be determined by the lowest credit quality underlying in the basket, i.e., if there are any non-investment grade or unrated items in the basket, the ten percent (10%) add-on should be used. For second and subsequent to default transactions, underlying assets should continue to be allocated according to the credit quality, i.e., the second lowest credit quality will determine the add-on for a second to default transaction, etc. 44. Where the credit derivative is referenced proportionately to multiple obligations, the add-on factor will follow the add-on factor applicable for the obligation with the biggest share. If the protection is equally proportioned, the highest add-on factor should be used. Part V. Securitization 1. Banks must apply the securitization framework for determining regulatory capital requirements on their securitization exposures. Securitization exposures can include but are not restricted to the following: asset-backed securities, mortgagebacked securities, credit enhancements, liquidity facilities, interest rate or currency swaps, and credit derivatives. Underlying instruments in the pool being securitized may include but are not restricted to the following: loans, commitments, assetbacked and mortgage-backed securities, corporate bonds, equity securities, and private equity investments. 2. Since securitizations may be structured in many different ways, the capital treatment of a securitization exposure must be determined on the basis of its economic substance rather than its legal form. The
contents of this Part are just the general rules to be followed in computing capital requirements for securitization exposures. A bank should therefore consult the BSPSES when there is uncertainty about the computation of capital requirements, or even about whether a given transaction should be considered a securitization. A. Definitions and general terminology 3. Traditional securitization a structure where the cash flow from an underlying pool of exposures is used to service at least two (2) different stratified risk positions or tranches reflecting different degrees of credit risk. Payments to the investors depend upon the performance of the specified underlying exposures, as opposed to being derived from an obligation of the entity originating those exposures. The stratified/tranched structures that characterize securitizations differ from ordinary senior/subordinated debt instruments in that junior securitization tranches can absorb losses without interrupting contractual payments to more senior tranches, whereas subordination in a senior/subordinated debt structure is a matter of priority of rights to the proceeds of liquidation. 4. Synthetic securitization a structure with at least two (2) different stratified risk positions or tranches that reflect different degrees of credit risk where credit risk of an underlying pool of exposures is transferred, in whole or in part, through the use of funded (e.g., credit-linked notes) or unfunded (e.g., credit default swaps) credit derivatives or guarantees that serve to hedge the credit risk of the portfolio. Accordingly, the investors potential risk is dependent upon the performance of the underlying pool. 5. Originating bank a bank that originates directly or indirectly underlying exposures included in the securitization.
APP. 63b 11.12.31
6. Clean-up call an option that permits the securitization exposures to be called before all of the underlying exposures or securitization exposures have been repaid. In the case of traditional securitizations, this is generally accomplished by repurchasing the remaining securitization exposures once the pool balance or outstanding securities have fallen below some specified level. In the case of a synthetic transaction, the cleanup call may take the form of a clause that extinguishes the credit protection. 7. Credit enhancement a contractual arrangement in which the bank retains or assumes a securitization exposure and, in substance, provides some degree of added protection to other parties to the transaction. 8. Early amortization provisions mechanisms that, once triggered, allow investors to be paid out prior to the originally stated maturity of the securities issued. For risk-based capital purposes, an early amortization provision will be considered either controlled or noncontrolled. A controlled early amortization provision must meet all of the following conditions: a) The bank must have an appropriate capital/liquidity plan in place to ensure that it has sufficient capital and liquidity available in the event of an early amortization; b) Throughout the duration of the transaction, including the amortization period, there is the same pro rata sharing of interest, principal, expenses, losses and recoveries based on the banks and investors relative shares of the receivables outstanding at the beginning of each month; c) The bank must set a period for amortization that would be sufficient for at least ninety percent (90%) of the total debt outstanding at the beginning of the early amortization period to have been repaid or recognized as in default; and
d) The pace of repayment should not be any more rapid than would be allowed by straight-line amortization over the period set out in criterion (c). An early amortization provision that does not satisfy the conditions for a controlled early amortization provision will be treated as non-controlled early amortization provision. 9. Eligible liquidity facilities an offbalance sheet securitization exposure shall be treated as an eligible liquidity facility if the following minimum requirements are satisfied: a) The facility documentation must clearly identify and limit the circumstances under which it may be drawn. Draws under the facility must be limited to the amount that is likely to be repaid fully from the liquidation of the underlying exposures and any seller-provided credit enhancements. In addition, the facility must not cover any losses incurred in the underlying pool of exposures prior to a draw, or be structured such that draw-down is certain (as indicated by regular or continuous draws); b) The facility must be subject to an asset quality test that precludes it from being drawn to cover credit risk exposures that are considered non-performing under existing BSP regulations. In addition, liquidity facilities should only fund exposures that are externally rated investment grade at the time of funding; c) The facility cannot be drawn after all applicable (e.g., transaction-specific and program-wide) credit enhancements from which the liquidity would benefit have been exhausted; and d) Repayment of draws on the facility (i.e., assets acquired under a purchase agreement or loans made under a lending agreement) must not be subordinated to any interests of any note holder in the program or subject to deferral or waiver. 10. Eligible servicer cash advance
APP. 63b 11.12.31
facilities cash advance that may be provided by servicers to ensure an uninterrupted flow of payments to investors. The servicer should be entitled to full reimbursement and this right is senior to other claims on cash flows from the underlying pool of exposures. 11. Excess spread generally defined as gross finance charge collections and other income received by the trust or special purpose entity (SPE, specified in paragraph 13) minus certificate interest, servicing fees, charge-offs, and other senior trust or SPE expenses. 12. Implicit support arises when a bank provides support to a securitization in excess of its predetermined contractual obligation. 13. Special purpose entity a corporation, trust, or other entity organized for a specific purpose, the activities of which are limited to those appropriate to accomplish the purpose of the SPE, and the structure of which is intended to isolate the SPE from the credit risk of an originator or seller of exposures. SPEs are commonly used as financing vehicles in which exposures are sold to a trust or similar entity in exchange for cash or other assets funded by debt issued by the trust. B. Operational requirements for the recognition of risk transference in traditional securitizations 14. An originating bank may exclude securitized exposures from the calculation of risk-weighted assets only if all of the following conditions have been met. Banks meeting these conditions, however, must still hold regulatory capital against any securitization exposures they retain. a) Significant credit risk associated with the securitized exposures has been transferred to third parties. b) The transferor does not maintain
effective or indirect control over the transferred exposures. The assets are legally isolated from the transferor in such a way (e.g., through the sale of assets or through subparticipation) that the exposures are put beyond the reach of the transferor and its creditors, even in bankruptcy or receivership. These conditions must be supported by an opinion provided by a qualified legal counsel. The transferor is deemed to have maintained effective control over the transferred credit risk exposures if it: i. is able to repurchase from the transferee the previously transferred exposures in order to realize their benefits; or ii. is obligated to retain the risk of the transferred exposures. The transferors retention of servicing rights to the exposures will not necessarily constitute indirect control of the exposures. c) The securities issued are not obligations of the transferor. Thus, investors who purchase the securities only have claim to the underlying pool of exposures. d) The transferee is an SPE and the holders of the beneficial interests in that entity have the right to pledge or exchange them without restriction. e) Clean-up calls must satisfy the conditions set out in paragraph 17. f) The securitization does not contain clauses that (i) require the originating bank to alter systematically the underlying exposures such that the pools weighted average credit quality is improved unless this is achieved by selling assets to independent and unaffiliated third parties at market prices; (ii) allow for increases in a retained first loss position or credit enhancement provided by the originating bank after the transactions inception; or (iii) increase the yield payable to parties
APP. 63b 11.12.31
other than the originating bank, such as investors and third-party providers of credit enhancements, in response to a deterioration in the credit quality of the underlying pool. C. Operational requirements for the recognition of risk transference in synthetic securitizations 15. For synthetic securitizations, the use of CRM techniques (i.e., collateral, guarantees and credit derivatives) for hedging the underlying exposure may be recognized for risk-based capital purposes only if the conditions outlined below are satisfied: a) Credit risk mitigants must comply with the requirements as set out in Part III.B and Part IV of this Framework. b) Eligible collateral is limited to that specified in paragraph 34, Part III.B. Eligible collateral pledged by SPEs may be recognized. c) Eligible guarantors are defined in paragraph 47, Part III.B. SPEs are not recognized as eligible guarantors in the securitization framework. d) Banks must transfer significant credit risk associated with the underlying exposure to third parties. e) The instruments used to transfer credit risk must not contain terms or conditions that limit the amount of credit risk transferred, such as those provided below: i. Clauses that materially limit the credit protection or credit risk transference (e.g., significant materiality thresholds below which credit protection is deemed not to be triggered even if a credit event occurs or those that allow for the termination of the protection due to deterioration in the credit quality of the underlying exposures); ii. Clauses that require the originating bank to alter the underlying
exposures to improve the pools weighted average credit quality; iii. Clauses that increase the banks cost of credit protection in response to deterioration in the pools quality; iv. Clauses that increase the yield payable to parties other than the originating bank, such as investors and third-party providers of credit enhancements, in response to a deterioration in the credit quality of the reference pool; and v. Clauses that provide for increases in a retained first loss position or credit enhancement provided by the originating bank after the transactions inception. f) An opinion must be obtained from a qualified legal counsel that confirms the enforceability of the contracts in all relevant jurisdictions. g) Clean-up calls must satisfy the conditions set out in paragraph 17. 16. For synthetic securitizations, the effect of applying CRM techniques for hedging the underlying exposure are treated according to Part III.B and Part IV of this Framework. In case there is a maturity mismatch, the capital requirement will be determined in accordance with paragraphs 50 to 54, Part III.B. When the exposures in the underlying pool have different maturities, the longest maturity must be taken as the maturity of the pool. Maturity mismatches may arise in the context of synthetic securitizations when, for example, a bank uses credit derivatives to transfer part or all of the credit risk of a specific pool of assets to third parties. When the credit derivatives unwind, the transaction will terminate. This implies that the effective maturity of the tranches of the synthetic securitization may differ from that of the underlying exposures. Originating banks of synthetic securitizations with such maturity mismatches must deduct all retained positions that are unrated or rated
APP. 63b 11.12.31
below investment grade. Accordingly, when deduction is required, maturity mismatches are not taken into account. For all other securitization exposures, the bank must apply the maturity mismatch treatment set forth in paragraphs 50 to 54, Part III.B. D. Operational requirements and treatment of clean-up calls 17. For securitization transactions that include a clean-up call, no capital will be required due to the presence of a clean-up call if the following conditions are met: (i) the exercise of the clean-up call must not be mandatory, in form or in substance, but rather must be at the discretion of the originating bank; (ii) the clean-up call must not be structured to avoid allocating losses to credit enhancements or positions held by investors or otherwise structured to provide credit enhancement; and (iii) the clean-up call must only be exercisable when ten percent (10%) or less of the original underlying portfolio, or securities issued remain, or, for synthetic securitizations, when ten percent (10%) or less of the original reference portfolio value remains. 18. Securitization transactions that include a clean-up call that does not meet all of the criteria stated in paragraph 17 result in a capital requirement for the originating bank. For a traditional securitization, the underlying exposures must be treated as if they were not securitized. Additionally, banks must not recognize in regulatory capital any gain-on-sale, as defined in paragraph 23. For synthetic securitization, the bank purchasing protection must hold capital against the entire amount of the securitized exposures as if they did not benefit from any credit protection. Same treatment applies for synthetic securitization that incorporates a call, other than a cleanup call, that effectively terminates the transaction and the purchased credit protection on a specified date.
19. If a clean-up call, when exercised, is found to serve as a credit enhancement, the exercise of the clean-up call must be considered a form of implicit support provided by the bank and must be treated in accordance with paragraph 26. E. Operational requirements for use of external credit assessments 20. The following operational criteria concerning the use of external credit assessments apply in the securitization framework: a) To be eligible for risk-weighting purposes, the external credit assessment must take into account and reflect the entire amount of credit risk exposure the bank has with regard to all payments owed to it. For example, if a bank is owed both principal and interest, the assessment must fully take into account and reflect the credit risk associated with timely repayment of both principal and interest. b) The external credit assessments must be from an eligible ECAI as recognized by the banks national supervisor in accordance with Part III.C. An eligible credit assessment must be publicly available. In other words, a rating must be published in an accessible form and included in the ECAIs transition matrix. Consequently, ratings that are made available only to the parties to a transaction do not satisfy this requirement. c) Eligible ECAIs must have a demonstrated expertise in assessing securitizations, which may be evidenced by strong market acceptance. d) A bank must apply external credit assessments from eligible ECAIs consistently across a given type of securitization exposure. Furthermore, a bank cannot use the credit assessments issued by one ECAI for one or more tranches and those of another ECAI for other positions (whether retained or purchased) within the same
APP. 63b 11.12.31
securitization structure that may or may not be rated by the first ECAI. Where two or more eligible ECAIs can be used and these assess the credit risk of the same securitization exposure differently, paragraph 59 of Part III.C will apply. e) Where CRM is provided directly to an SPE by an eligible guarantor defined in paragraph 47 of Part III.B and is reflected in the external credit assessment assigned to a securitization exposure(s), the risk weight associated with that external credit assessment should be used. In order to avoid any double counting, no additional capital recognition is permitted. If the CRM provider is not an eligible guarantor, the covered securitization exposures should be treated as unrated. f) In the situation where a credit risk mitigant is not obtained by the SPE but rather applied to a specific securitization exposure within a given structure (e.g., ABS tranche), the bank must treat the exposure as if it is unrated and then use the CRM treatment outlined in Part III.B to recognize the hedge. F. Risk-weighting 21. The risk-weighted asset amount of a securitization exposure is computed by multiplying the amount of the position by the appropriate risk weight determined in accordance with the following table. For offbalance sheet exposures, banks must apply a credit conversion factor (CCF) and then risk weight the resultant credit equivalent amount.
Credit AAA to A+ to A- BBB+to Below BBBBBBand unrated assessment1 AARisk weight 20% 50% 100% Deduction from capital (50% from Tier 1 and 50% from Tier 2)
22. The capital treatment of implicit support, liquidity facilities, securitizations

1
of revolving exposures, and credit risk mitigants are identified separately. 23. Banks must deduct from Tier 1 capital any increase in equity capital resulting from a securitization transaction, such as that associated with expected future margin income resulting in a gain-on-sale that is recognized in regulatory capital. Such an increase in capital is referred to as a gain-on-sale for the purposes of the securitization framework. 24. Credit enhancing IOs (interest only), net of the amount that must be deducted from Tier 1 as in paragraph 23, are to be deducted fifty percent (50%) from Tier 1 capital and fifty percent (50%) from Tier 2 capital. 25. Deductions from capital may be calculated net of any specific provisions taken against the relevant securitization exposures. 26. When a bank provides implicit support to a securitization, it must, at a minimum, hold capital against all of the exposures associated with the securitization transaction as if they had not been securitized. Additionally, banks would not be permitted to recognize in regulatory capital any gain-on-sale, as defined in paragraph 23. Furthermore, the bank is required to disclose publicly that (a) it has provided non-contractual support and (b) the capital impact of doing so. 27. As a general rule, off-balance sheet securitization exposures will receive a CCF of 100%, except in the cases below. 28. A CCF of twenty percent (20%) and fifty percent (50%) will be applied to eligible liquidity facilities as defined in paragraph 9 above with original maturity of one year or less and more than one year, respectively. However, if an external rating of the facility itself is used for risk weighting the facility, a 100% CCF must be applied. A zero percent (0%) CCF may be applied to eligible liquidity facilities that
The notations follow the rating symbols used by Standard & Poor's. The mapping of ratings of all recognized external rating agencies is in Part III.C
APP. 63b 11.12.31
are only available in the event of a general market disruption (i.e., whereupon more than one SPE across different transactions are unable to roll over maturing commercial paper, and that inability is not the result of an impairment in the SPEs credit quality or in the credit quality of the underlying exposures). To qualify for this treatment, the conditions provided in paragraph 9 must be satisfied. Additionally, the funds advanced by the bank to pay holders of the capital market instruments (e.g., commercial paper) when there is a general market disruption must be secured by the underlying assets, and must rank at least pari passu with the claims of holders of the capital market instruments. 29. A CCF of zero percent (0%) will be applied to undrawn amount of eligible servicer cash advance facilities, as defined in paragraph 10 above, that are unconditionally cancellable without prior notice. 30. An originating bank is required to hold capital against the investors interest (i.e., against both the drawn and undrawn balances related to the securitized exposures) when: a) It sells exposures into a structure that contains an early amortization feature; and b) The exposures sold are of a revolving nature. These involve exposures where the borrower is permitted to vary the drawn amount and repayments within an agreed limit under a line of credit (e.g., credit card receivables and corporate loan commitments). 31. Originating banks, though, are not required to calculate a capital requirement for early amortizations in the following situations: a) Replenishment structures where the underlying exposures do not revolve and the early amortization ends the ability of the bank to add new exposures;
b) Transactions of revolving assets containing early amortization features that mimic term structures (i.e., where the risk of the underlying facilities does not return to the originating bank); c) Structures where a bank securitizes one or more credit line(s) and where investors remain fully exposed to future draws by borrowers even after an early amortization event has occurred; and d) The early amortization clause is solely triggered by events not related to the performance of the securitized assets or the selling bank, such as material changes in tax laws or regulations. 32. As described below, the CCFs depend upon whether the early amortization repays investors through a controlled or non-controlled mechanism. They also differ according to whether the securitized exposures are uncommitted retail credit lines (e.g., credit card receivables) or other credit lines (e.g., revolving corporate facilities). A line is considered uncommitted if it is unconditionally cancelable without prior notice. 33. For uncommitted retail credit lines (e.g., credit card receivables) that have either controlled or non-controlled early amortization features, banks must compare the three-month average excess spread defined in paragraph 11 to the point at which the bank is required to trap excess spread as economically required by the structure (i.e., excess spread trapping point). In cases where such a transaction does not require excess spread to be trapped, the trapping point is deemed to be 4.5 percentage points. 34. The bank must divide the excess spread level by the transactions excess spread trapping point to determine the appropriate segments and apply the corresponding conversion factors, as outlined in the following tables:
APP. 63b 11.12.31 Controlled 3-month average Credit conversion excess spreadfactor (CCF) credit conversion factor (CCF) Uncommitted Committed 133.33% of 90% CCF trapping point or more 0% CCF less than 133.33% to 100% of trapping point 1% CCF less than 100% to 75% of trapping point 2% CCF less than 75% to 50% of trapping point - 10% CCF less than 50% to 25% of trapping point - 20% CCF less than 25% of trapping point 40% 90% CCF 90% CCF Non-controlled 3-month average Credit conversion excess spreadfactor (CCF) credit conversion factor (CCF) Uncommitted Committed 133.33% of 100% CCF trapping point or more 0% CCF less than 133.33% to 100% of trapping point 5% CCF less than 100% to 75% of trapping point 15% CCF less than 75% to 50% of trapping point - 50% CCF less than 50% of trapping point 100% CCF
Retail credit lines
Non-retail credit lines
100% CCF
100%CCF
35. All other securitized revolving exposures with controlled and non-controlled early amortization features will be subject to CCFs of ninety percent (90%) and 100%, respectively, against the off-balance sheet exposures. 36. The CCF will be applied to the amount of the investors interest. The resultant credit equivalent amount shall then be applied a risk weight applicable to the underlying exposure type, as if the exposures had not been securitized. 37. For a bank subject to the early amortization treatment, the total capital charge for all of its positions will be subject to a maximum capital requirement (i.e., a cap) equal to the greater of (i) that required for retained securitization exposures, or (ii) the capital requirement that would apply
had the exposures not been securitized. In addition, banks must deduct the entire amount of any gain-on-sale and credit enhancing IOs arising from the securitization transaction in accordance with paragraphs 23 and 25. G. Credit risk mitigation 38. The treatment below applies to a bank that has obtained or given a credit risk mitigant on a securitization exposure. Credit risk mitigants include collateral, guarantees, and credit derivatives. Collateral in this context refers to that used to hedge the credit risk of a securitization exposure rather than the underlying exposures of the securitization transaction. Collateral 39. Eligible collateral is limited to
APP. 63b 11.12.31
that recognized in paragraph 34, Part III.B. Collateral pledged by SPEs may be recognized. Guarantees and credit derivatives 40. Credit protection provided by the entities listed in paragraph 47, Part III.B may be recognized. SPEs cannot be recognized as eligible guarantors. 41. Where guarantees or credit derivatives fulfill the minimum operational requirements as specified in Part III.B and Part IV, respectively, banks can take account of such credit protection in calculating capital requirements for securitization exposures. 42. Capital requirements for the collateralized or guaranteed/protected portion will be calculated according to Part III.B and Part IV. 43. A bank other than the originator providing credit protection to a securitization exposure must calculate a capital requirement on the covered exposure as if it were an investor in that securitization. A bank providing protection to an unrated credit enhancement must treat the credit protection provided as if it were directly holding the unrated credit enhancement. Maturity mismatches 44. For the purpose of setting regulatory capital against a maturity mismatch, the capital requirement will be determined in accordance with paragraphs 50 to 54, Part III.B, except for synthetic securitizations which will be determined in accordance with paragraph 16. Part VI. Market risk-weighted assets 1. Market risk is defined as the risk of losses in on- and off-balance sheet positions arising from movements in market prices. The risks addressed in these guidelines are:
a) The risks pertaining to interest raterelated instruments and equities in the trading book; and b) Foreign exchange risk throughout the bank. A. Definition of the trading book 2. A trading book consists of positions in financial instruments held either with trading intent or in order to hedge other elements of the trading book. To be eligible for trading book capital treatment, financial instruments must either be free of any restrictive covenants on their tradability or able to be hedged completely. In addition, positions should be frequently and accurately valued, and the portfolio should be actively managed. 3. A financial instrument is any contract that gives rise to both a financial asset of one entity and a financial liability or equity instrument of another entity. Financial instruments include both primary financial instruments (or cash instruments) and derivative financial instruments. A financial asset is any asset that is cash, the right to receive cash or another financial asset; or the contractual right to exchange financial assets on potentially favorable terms, or an equity instrument. A financial liability is the contractual obligation to deliver cash or another financial asset or to exchange financial liabilities under conditions that are potentially unfavorable. 4. Positions held with trading intent are those held intentionally for short-term resale and/or with the intent of benefiting from actual or expected short-term price movements or to lock in arbitrage profits, and may include for example proprietary positions, positions arising from client servicing (e.g. matched principal brokering) and market making. 5. The following will be the basic requirements for positions eligible to receive trading book capital treatment:
APP. 63b 11.12.31
a) Clearly documented trading strategy for the position/instrument or portfolios, approved by senior management (which would include expected holding horizon); b) Clearly defined policies and procedures for the active management of the position, which must include: i. positions are managed on a trading desk; ii. p o s i t i o n l i m i t s a r e s e t a n d monitored for appropriateness; iii. dealers have the autonomy to enter into/manage the position within agreed limits and according to the agreed strategy; iv. positions are marked to market at least daily, and when marking to model the parameters must be assessed on a daily basis; v. positions are reported to senior management as an integral part of the institutions risk management process; and vi. positions are actively monitored with reference to market information sources (assessment should be made of the market liquidity or the ability to hedge positions or the portfolio risk profiles). This would include assessing the quality and availability of market inputs to the valuation process, level of
Credit ratings of debt securities/derivatives 1 issued by sovereigns Credit ratings of debt securities/derivatives issued by MDBs
market turnover, sizes of positions traded in the market, etc. c) Clearly defined policy and procedures to monitor the positions against the banks trading strategy including the monitoring of turnover and stale positions in the banks trading book. 6. The documentations of the basic requirements of paragraph 5 should be submitted to the BSP. 7. I n a d d i t i o n t o t h e a b o v e documentation requirements, the bank should also submit to the BSP a documentation of its systems and controls for the prudent valuation of positions in the trading book including the valuation methodologies. B. Measurement of capital charge 8. The market risk capital charge shall be computed according to the methodology set under Subsec. 1115.2, subject to certain modifications as outlined in the succeeding paragraphs. 9. The specific risk weights for trading book positions in debt securities and debt derivatives shall depend on the third party credit assessment of the issue or the type of issuer, as may be appropriate, as follows:
Credit ratings of debt securities/derivatives issued by other entities Unadjusted specific risk weight
Php-denominated debt securities/derivatives issued by the Philippine NG and BSP 0.00% LGU Bonds covered by Deed of Assignment of Internal Revenue Allotment and guaranteed by LGU Guarantee Corporation 4.00%
AAA to AAA+ to BBBResidual maturity < 6 months Residual maturity > 6 months, < 24 months Residual maturity > 24 months
AAA AA+ to BBBResidual maturity < 6 months Residual maturity > 6 months, < 24 months Residual maturity > 24 months
0.00% AAA to BBBResidual maturity < 6 months Residual maturity > 6 months, < 24 months Residual maturity > 24 months All other debt securities/ derivatives 0.25% 1.00% 1.60% 8.00%
The notations follow the rating symbols used by Standard & Poors. The mapping of ratings of all recognized external rating agencies is in Part III.C. For purposes of this framework, debt securities/derivatives issued by sovereigns include foreign currency denominated debt securities/derivatives issued by the Philippine NG.
APP. 63b 11.12.31
10. Foreign currency denominated debt securities/derivatives issued by the 1 Philippine NG and BSP shall be risk-weighted according to the table above: Provided, That only one-third (1/3) of the applicable risk weight shall be applied from 01 July 2007, two-thirds (2/3) from 01 January 2008, and the full risk weight from 01 January 2009. 11. A security, which is the subject of a repo-style transaction, shall be treated as if it were still owned by the seller/lender of the security, i.e., to be reported by the seller/ lender. 12. In addition to capital charge for specific and general market risk, a credit risk capital charge should be applied to banks counterparty exposures in repo-style transactions and OTC derivatives contracts. The computation of the credit risk capital charge for counterparty exposures arising from trading book positions are discussed in paragraphs 35 to 41 of Part III.B.
(As amended by Circular No. 605 dated 05 March 2008)
recommendations on Sound Practices for the Management and Supervision of Operational Risk (February 2003). The same may be downloaded from the BIS website (www.bis.org). B. Measurement of capital charge 3. In computing for the operational risk capital charge, banks may use either the basic indicator approach or the standardized approach. 4. Under the basic indicator approach, banks must hold capital for operational risk equal to fifteen percent (15%) of the average gross income over the previous three (3) years of positive annual gross income. Figures for any year in which annual gross income is negative or zero should be excluded from both the numerator and denominator when calculating the average. 5. Banks that have the capability to map their income accounts into the various business lines given in paragraph 7 may use the standardized approach subject to prior BSP approval1. In order to qualify for use of the standardized approach, a bank must satisfy BSP that, at a minimum: a) Its board of directors and senior management are actively involved in the oversight of the operational risk management framework; b) It has an operational risk management system that is conceptually sound and is implemented with integrity; and c) It has sufficient resources in the use of the approach in the major business lines as well as the control and audit areas. 6. Operational risk capital charge is calculated as the three (3)-year average of the simple summation of the regulatory capital charges across each of the business lines in each year. In any given year, negative capital charges (resulting
C. Measurement of risk-weighted assets 13. Market risk-weighted assets are determined by multiplying the market risk capital charge by ten (10) [i.e., the reciprocal of the minimum capital ratio of ten percent (10%)]. Part VII. Operational risk-weighted assets A. Definition of operational risk 1. Operational risk is defined as the risk of loss resulting from inadequate or failed internal processes, people and systems or from external events. This definition includes legal risk, but excludes strategic and reputational risk. 2. Banks should be guided by the Basel Committee on Banking Supervisions
1 Warrants paired with ROP Global Bonds shall be exempted from capital charge for market risk only to the extent of banks holdings of bonds paired with warrants equivalent to not more than fifty percent (50%) of total qualifying capital, as defined under Part II of this Appendix. 2 Refer to Appendix 63b-2 for the Guidelines on the Use of the Standardized Approach in Computing the Capital Charge for Operational Risk
APP. 63b 11.12.31
from negative gross income) in any business line may offset positive capital charges in other business lines without limit. However, where the aggregate capital charge across all business lines within a
Business lines Level 1 Level 2 Corporate Finance Corporate finance Municipal/Government Finance Advisory Services Sales Market Making Trading and Sales Proprietary Positions Treasury Retail Banking
given year is negative, then figures for that year shall be excluded from both the numerator and denominator. 7. The business lines and their corresponding beta factors are listed below:
Beta factors 18%
Activity Groups
Mergers and acquisitions, underwriting, privatization, securitization, research, debt (government, high yield), equity, syndications, IPO, secondary private placements Fixed income, equity, foreign exchanges, commodities, credit, funding, own position securities, lending and repos, brokerage, debt, prime brokerage
18%
Retail lending and deposits, banking services, trust and estates Private Banking Private lending and deposits, banking services, Retail Banking trust and estates, investment advice Card Services Merchant/commercial/corporate cards, private labels and retail Commercial Commercial Project finance, real estate, export finance, trade Banking Banking finance, factoring, leasing, lending, guarantees, bills of exchange Payment and External Clients Payments and collections, funds transfer, clearing Settlement and settlement Custody Escrow, depository receipts, securities lending (customers) corporate actions Agency Services Corporate Agency Issuer and paying agents Corporate Trust Discretionary Fund Discretionary and non-discretionary fund Management management, whether pooled, segregated, retail, sset Management Non-Discretionary institutional, closed, open, private equity Fund Management Retail Brokerage Retail brokerage Execution and full service
12%
15% 18% 15%
12%
12%
8. Gross income, for the purpose of computing for operational risk capital charge, is defined as net interest income plus non-interest income. This measure should: a) be gross of any provisions for losses on accrued interest income from financial assets; b) be gross of operating expenses, including fees paid to outsourcing service providers; c) include fees and commissions; d) exclude gains/(losses) from the sale/
redemption/derecognition of non-trading financial assets and liabilities; e) exclude gains/(losses) from sale/ derecognition of non-financial assets; and f) include other income (i.e., rental income, miscellaneous income, etc.)
(As amended by M-2007-019 dated 21 June 2007)
C. Measurement of risk-weighted assets 9. The resultant operational risk capital charge is to be multiplied by 125% before multiplying by ten (10) [i.e., the reciprocal
APP. 63b 11.12.31
of the minimum capital ratio of ten percent (10%)]. Part VIII. Disclosures in the Annual Reports and Published Statement of Condition 1. This section lists the specific information that banks have to disclose, at a minimum, in their Annual Reports, except Item "h" , paragraph 4 which should also be disclosed in banks quarterly Published Statement of Condition. These enhanced disclosures shall commence with Annual Reports for financial year 2007 and quarterly published statement of condition from end-September 2007. 2. Full compliance of these disclosure requirements is a prerequisite before banks can obtain any capital relief (i.e., adjustments in the risk weights of collateralized or guaranteed exposures) in respect of any credit risk mitigation techniques. A. Capital structure and capital adequacy 3. The following information with regard to banks capital structure and capital adequacy shall be disclosed in banks Annual Reports, except Item "h" below which should also be disclosed in banks quarterly published statement of condition: a) Tier 1 capital and a breakdown of its components (including deductions solely from Tier 1); b) Tier 2 capital and a breakdown of its components; c) Deductions from Tier 1 fifty percent (50%) and Tier 2 fifty percent (50%) capital; d) Total qualifying capital; e) Capital requirements for credit risk (including securitization exposures); f) Capital requirements for market risk;
g) Capital requirements for operational risk; and h) Total and Tier 1 CAR on both solo and consolidated bases. B. Risk exposures and assessments 4. For each separate risk area (credit, market, operational, interest rate risk in the banking book), banks must describe their risk management objectives and policies, including: a) Strategies and processes; b) The structure and organization of the relevant risk management function; c) The scope and nature of risk reporting and/or measurement systems; and d) Policies for hedging and/or mitigating risk, and strategies and processes for monitoring the continuing effectiveness of hedges/mitigants. Credit risk 5. Aside from the general disclosure requirements stated in paragraph 4, the following information with regard to credit risk have to be disclosed in banks Annual Reports: a) Total credit risk exposures (i.e., principal amount for on-balance sheet and credit equivalent amount for off-balance sheet, net of specific provision) broken down by type of exposures as defined in Part III; b) Total credit risk exposure after risk mitigation, broken down by: i. type of exposures as defined in Part III; and ii. risk buckets, as well as those that are deducted from capital; c) Total credit risk-weighted assets broken down by type of exposures as defined in Part III; d) Names of external credit assessment institutions used, and the types of exposures for which they were used; e) Types of eligible credit risk mitigants
APP. 63b 11.12.31
used including credit derivatives; f) For banks with exposures to securitization structures, aside from the general disclosure requirements stated in paragraph 4, the following minimum information have to be disclosed: i. Accounting policies for these activities; ii. Total outstanding exposures securitized by the bank; and iii. Total amount of securitization exposures retained or purchased broken down by exposure type; g) For banks that provide credit protection through credit derivatives, aside from the general disclosure requirements stated in paragraph 4, total outstanding amount of credit protection given by the bank broken down by type of reference exposures should also be disclosed; and h) For banks with investments in other types of structured products, aside from the general disclosure requirements stated in paragraph 4, total outstanding amount of other types of structured products issued or purchased by the bank broken down by type should also be disclosed. Market risk 6. Aside from the general disclosure requirements stated in paragraph 4, the following information with regard to market risk have to be disclosed in banks Annual Reports: a) Total market risk-weighted assets broken down by type of exposures (interest rate, equity, foreign exchange, and options); and b) For banks using the internal models approach, the following information have to be disclosed: i. The characteristics of the models used; ii. A description of stress testing
applied to the portfolio; iii. A description of the approach used for backtesting/validating the accuracy and consistency of the internal models and modeling processes; iv. The scope of acceptance by the BSP; and v. A comparison of VaR estimates with actual gains/losses experienced by the bank, with analysis of important outliers in backtest results. Operational risk 7. Aside from the general disclosure requirements stated in paragraph 4, banks have to disclose their operational riskweighted assets in their Annual Reports. Interest rate risk in the banking book 8. Aside from the general disclosure requirements stated in paragraph 4, the following information with regard to interest rate risk in the banking book have to be disclosed in banks Annual Reports: a) Internal measurement of interest rate risk in the banking book, including assumptions regarding loan prepayments and behavior of nonmaturity deposits, and frequency of measurement; and b) The increase (decline) in earnings or economic value (or relevant measure used by management) for upward and downward rate shocks according to internal measurement of interest rate risk in the banking book. Part IX. Enforcement A. Sanctions for non-reporting of CAR breaches 1. It is the responsibility of the bank CEO to cause the immediate reporting of CAR breaches both to its Board and to the BSP. It is likewise the CEOs responsibility
APP. 63b 11.12.31
to ensure the accuracy of CAR calculations and the integrity of the associated monitoring and reporting system. Any willful violation of the above will be considered as a serious offense for purposes of determining the appropriate monetary penalty that will be imposed on the CEO. In addition, the CEO shall be subject to the following non-monetary sanctions: a) First offense warning; b) Second offense reprimand; c) Third offense 1 month suspension without pay; and d) Further offense disqualification. B. Sanctions for non-compliance with required disclosures 2. Willful non-disclosure or erroneous disclosure of any item required to be disclosed under this framework in either the Annual Report or the Published
Statement of Condition shall be considered as a serious offense for purposes of determining the appropriate monetary penalty that will be imposed on the bank. In addition, the CEO and the Board shall be subject to the following non-monetary sanctions: a) First offense warning on CEO and the Board; b) Second offense reprimand on CEO and the Board; c) Third offense 1 month suspension of CEO without pay; and d) Further offense possible disqualification of the CEO and/or the Board.
(Circular No. 538 dated 04 August 2006, as amended by Circular Nos. 717 and 716 both dated 25 March 2011, 713 dated 14 February 2011, 709 dated 10 January 2011, M-2008-015 dated 25 March 2008, Circular Nos. 605 dated 05 March 2008, 588 dated 11 December 2007, M-2007-019 dated 21 June 2007, Circular No. 560 dated 31 January 2007 and M-2006-022 dated 24 November 2006)
APP. 63b-1 08.12.31
GUIDELINES ON THE CAPITAL TREATMENT OF BANKS HOLDINGS OF REPUBLIC OF THE PHILIPPINES GLOBAL BONDS PAIRED WITH WARRANTS
(Appendix to Sec. X116) A banks holdings of ROP Global Bonds that are paired with Warrants (paired Bonds), which give the bank the option or right to exchange its holdings of ROP Global Bonds into Peso-denominated government securities upon occurrence of a predetermined credit event, shall be risk weighted at zero percent (0%): Provided, That the zero percent (0%) risk weight shall be applied only to banks holdings of paired Bonds equivalent to not more than fifty percent (50%) of the total qualifying capital, as defined under Appendix 63-b.
(Circular 588 dated 11 December 2007)
Appendix 63b-1 - Page 1
APP. 63b-2 08.12.31
GUIDELINES ON THE USE OF THE STANDARDIZED APPROACH IN COMPUTING THE CAPITAL CHARGE FOR OPERATIONAL RISKS
(Appendix to Sec. X116) Banks applying for the use of the Standardized Approach (TSA) must satisfy the following requirements/criteria: General Criteria 1. The use of TSA shall be conditional upon the explicit prior approval of the BSP. 2. The BSP will only give approval to an applicant bank if at a minimum: a. Its board of directors (or equivalent management committee in the case of foreign bank branches) and senior management are actively involved in the oversight of the operational risk management framework; b. It has an operational risk management system that is conceptually sound and is implemented with integrity; and, c. It has sufficient resources in the use of the approach in the major business lines as well as in the control and audit areas. 3. The above criteria should be supported by a written documentation of the board-approved operational risk management framework of the bank which should cover the following: a. Overall objectives and policies b. Strategies and processes c. Operational risk management structure and organization d. Scope and nature of risk reporting/ assessment systems e. Policies and procedure for mitigating operational risk 4. This operational risk management framework of the bank should be disclosed in its annual report, as provided under Appendix 63b. Mapping of Gross Income 5. Banks using TSA in computing operational risk capital charge must develop specific written policies and criteria for mapping gross income of their current business lines into the standard business lines prescribed under Appendix 63b. They must also put in place a review process to adjust these policies and criteria for new or changing business activities or products as appropriate. 6. Banks must adopt the following principles for mapping their business activities to the appropriate business lines: (a) Activities or products must be mapped into only one (1) of the eight (8) standard business lines, as follows: (1) Corporate finance- This includes banking arrangements and facilities [e.g., mergers and acquisitions, underwriting, privatizations, securitization, research, debt (government, high yield), equity, syndications, Initial Public Offering (IPO), secondary private placements] provided to large commercial enterprises, multinational companies, NBFIs, government departments, etc. (2) Trading and sales- This includes treasury operations, buying and selling of securities, currencies and others for proprietary and client account. (3) Retail banking - This includes financing arrangements for private individuals, retail clients and small businesses such as personal loans, credit cards, auto loans, etc. as well as other facilities such as trust and estates and investment advice. (4) Commercial banking - This includes financing arrangements for commercial enterprises,including project
APP. 63b-2 08.12.31
finance, real estate, export finance, trade finance, factoring, leasing, guarantees, bills of exchange, etc. (5) Payment and settlement - This includes activities relating to payments and collections, inter-bank funds transfer, clearing and settlement. (6) Agency services - This refers to activities of the banks acting as issuing and paying agents for corporate clients, providing custodial services, etc. (7) Asset management - This includes managing funds of clients on a pooled, segregated, retail, institutional, open or closed basis under a mandate. (8) Retail brokerage - This includes brokering services provided to customers that are retail investors rather than institutional investors. (a) Any activity or product which cannot be readily mapped into one (1) of the standardized business lines but which is ancillary1 to a business line shall be allocated to the business line to which it is ancillary. If the activity is ancillary to two (2) or more business lines, an objective criteria or qualification must be made to allocate the annual gross income derived from that activity to the relevant business lines. (b) Any activity that cannot be mapped into a particular business line and is not an ancillary activity to a business line shall be mapped into one (1) of the business lines with the highest associated beta factor eighteen percent (18%). Any ancillary activity to that activity will follow the same business line treatment. (c) Banks may use internal pricing methods to allocate gross income between business lines: Provided, That the sum of gross income for the eight (8) business lines must still be equal to the gross income as would be recorded if the bank uses the Basic Indicator Approach (BIA).
(d) The process by which banks map
their business activities into the standardized business lines must be regularly reviewed by party independent from that process. 7. In computing the gross income of the bank, the amounts of the income accounts reported in the operational risk template2 must be equal to the year-end balance reported in the FRP. Any discrepancy must be properly accounted and supported by a reconciliation statement Application Process for the Use of TSA 8. Banks applying for the use of TSA should submit the following documents to their respective Central Points of Contact (CPCs) of the BSP: (a) An application letter signed by the president/CEO (or equivalent management committee in the case of foreign bank branches) of the bank signifying its intention to use TSA in computing the capital charge for operational risk; (b) Written documentation of the Boardapproved operational risk management framework as described in paragraph 3. (c) Written policies and criteria for mapping business activities and their corresponding gross income into the standard business lines as described in paragraphs 5 to 7. (d) An overall roll-out plan of the bank including project plans and execution processes, with the appropriate time lines. Initial Monitoring Period 9. The BSP may require a six (6)-month period of initial monitoring of a banks TSA before it is used for supervisory capital purposes. Reversion from TSA to BIA 10. A bank which has been approved to use TSA in computing its capital charge
1 2
Ancillary function is an activity/function that is not the main activity of a given business line but only as a support activity Part V of the revised CAR report template
APP. 63b-2 08.12.31
for operational risk will not be allowed to revert to the simpler approach, i.e., the BIA. However, if the BSP determines that the bank no longer meets the qualifying criteria for TSA, it may require the bank to revert to BIA. The bank shall be required to repeat
the whole application process should it opt to return to the use of TSA, but only after a year of using the BIA. These guidelines shall take effect on 21 July 2007.
(M-2007-019 dated 21 June 2007)
APP. 63c 11.12.31
RISK BASED CAPITAL ADEQUACY FRAMEWORK FOR STAND-ALONE THRIFT BANKS, RURAL BANKS, AND COOPERATIVE BANKS1 (Appendix to Sec. X118)
Introduction This Appendix contains the implementing guidelines of the revised risk-based capital adequacy framework for stand-alone TBs, RBs and Coop Banks. The framework is similar to the Basel 1 framework but incorporates certain elements of Basel 2. The guidelines contained in this Appendix shall take effect on 1 January 2012. Part I. Risk-based Capital Adequacy Ratio 1. The risk based CAR of stand-alone TBs, RBs and Coop Banks, or collectively, banks, expressed as a percentage of qualifying capital to risk-weighted assets, shall not be less than ten percent (10%). 2. Qualifying capital is computed in accordance with the provisions of Part II. Risk weighted assets is the sum of (1) credit risk-weighted assets (Part III), and (2) operational risk-weighted assets (Part IV): Provided, That banks that shall engage in derivatives activities as end-user for hedging purpose and/or under a Type 3-Limited User Authority granted pursuant to the provisions of Circular No. 594 dated 8 January 2008, shall likewise include counterparty credit risk-weighted assets and/or market risk-weighted assets relative to such exposures, which shall be computed based on the relevant provisions of The Revised Risk-Based Capital Adequacy Framework for the Philippine Banking System issued under Circular No. 538 dated 4 August 2006, as amended.
3. The CAR requirement will be applied to all stand-alone TBs, RBs and Coop Banks on both solo and consolidated bases, as applicable. The application of the requirement on a consolidated basis is the best means to preserve the integrity of capital in banks with subsidiaries by eliminating double gearing. However, as one of the principal objectives of supervision is the protection of depositors, it is essential to ensure that capital recognized in capital adequacy measures is readily available for those depositors. Accordingly, individual banks should likewise be adequately capitalized on a stand-alone basis. 4. To the greatest extent possible, all banking and other relevant financial activities (both regulated and unregulated) conducted by a bank and its subsidiaries will be captured through consolidation. Thus, majority-owned or controlled financial allied undertakings (i.e., RBs and VCCs for TBs, and RBs for Coop Banks) should be fully consolidated on a lineby-line basis. Exemptions from consolidation shall only be made in cases where such holdings are acquired through debt previously contracted and held on a temporary basis, are subject to different regulation, or where nonconsolidation for regulatory capital purposes is otherwise required by law. All cases of exemption from consolidation must be made with prior clearance from the BSP. 5. Banks shall comply with the minimum CAR at all times notwithstanding that supervisory reporting shall only be on quarterly basis. Any breach, even if only temporary, shall be reported to the banks Board of Directors and to BSP-SES within three (3) banking days. For this purpose,
These refers to TBs, RBs and Coop Banks that are not subsidiaries of UBs and KBs. Manual of Regulations for Banks Appendix 63c - Page 1
APP. 63c 11.12.31
these banks shall develop an appropriate system to properly monitor their compliance. 6.The BSP reserves the right, upon authority of the Deputy Governor-SES, to conduct on-site inspection outside of regular or special examination, for the purpose of ascertaining the accuracy of CAR calculations as well as the integrity of CAR monitoring and reporting systems. Part II. Qualifying Capital 1. Qualifying capital consists of Tier 1 (core plus hybrid) capital and Tier 2 (supplementary) capital elements, net of required deductions from capital. A. Tier 1 Capital 2. Tier 1 capital is the sum of core Tier 1 capital and allowable amount of hybrid Tier 1 capital, as set in paragraph 11. 3. Core Tier 1 capital consists of: a) Paid-up common stock; b) Paid-up perpetual and noncumulative preferred stock; c) Additional paid-in capital; d) Retained earnings; e) Undivided profits; f) Net gains on fair value adjustment of hedging instruments in a cash flow hedge of available for sale equity securities; g) Cumulative foreign currency translation; and h) Minority interest in subsidiary financial allied undertakings (i.e., RBs and VCCs for TBs, and RBs for Coop Banks) which are less than wholly-owned: Provided, That a bank shall not use minority interests in the equity accounts of consolidated subsidiaries as an avenue for introducing into its capital structure elements that might not otherwise qualify as Tier 1 capital or that would, in effect, result in an excessive reliance on preferred stock within Tier 1:
Less: i. Common stock treasury shares; ii. Perpetual and non-cumulative preferred stock treasury shares; iii. Net unrealized losses on available for sale equity securities purchased; iv. Unbooked valuation reserves and other capital adjustments based on the latest report of examination as approved by the Monetary Board; v. Total outstanding unsecured credit accommodations, both direct and indirect, to DOSRI, net of allowance for credit losses; vi. Total outstanding unsecured loans, other credit accommodations and guarantees granted to subsidiaries and affiliates, net of allowance for credit losses; vii. Deferred tax asset, net of deferred tax liability: Provided, That the conditions to offset under PAS 12 are met: Provided, further, That any excess of deferred tax liability over deferred tax asset (i.e., net deferred tax liability) shall not be added to Tier 1 capital; and viii.Goodwill, net of allowance for losses, including that relating to unconsolidated subsidiary RBs and VCCs for TBs, and RBs for Coop Banks (on solo basis) and unconsolidated non-financial allied undertakings (on solo and consolidated bases). 4. Hybrid Tier 1 capital in the form of perpetual preferred stock and perpetual unsecured subordinated debt may be issued subject to prior BSP approval and to the conditions in paragraph 11. B. Tier 2 Capital 5. Tier 2 capital is the sum of upper Tier 2 capital and lower Tier 2 capital. 6.The total amount of lower Tier 2 capital before deductions enumerated in paragraph 9 that may be included in total Tier 2 capital shall be limited to a maximum of fifty percent (50%) of total
APP. 63c 11.12.31
Tier 1 capital (net of deductions enumerated in paragraph 3). The total amount of upper and lower Tier 2 capital both before deductions enumerated in paragraph 9 that may be included in total qualifying capital shall be limited to a maximum of 100% of total Tier 1 capital (net of deductions enumerated in paragraph 3). 7. Upper Tier 2 capital consists of: a) Paid-up perpetual and cumulative preferred stock; b) Paid-up limited life redeemable preferred stock issued with the condition that redemption thereof shall be allowed only if the shares redeemed are replaced with at least an equivalent amount of newly paid-in shares so that the total paid-in capital stock is maintained at the same level prior to redemption; c) Appraisal increment reserve bank premises, as authorized by the Monetary Board; d) Net unrealized gains on available for sale equity securities purchased subject to a fifty five percent (55%) discount; e) General loan loss provision, limited to a maximum of one percent (1%) of total credit risk-weighted assets, and any amount in excess thereof shall be deducted from the total credit risk-weighted assets in computing the denominator of the risk-based capital ratio; f) With prior BSP approval, unsecured subordinated debt with a minimum original maturity of at least ten (10) years, issued subject to the conditions in paragraph 12, in an amount equivalent to its carrying amount discounted by the following rates:
Remaining maturity 5 years & above 4 years to <5 years 3 years to <4 years 2 years to <3 years 1 year to <2 years <1 year Discount factor 0% 20% 40% 60% 80% 100%
h) Deposit for perpetual and noncumulative preferred stock subscription; and i) Hybrid Tier 1 capital as defined in paragraph 4 in excess of the maximum allowable limit of fifteen percent (15%) of total Tier 1 capital (net of deductions enumerated in paragraph 3): Less: i. Perpetual and cumulative preferred stock treasury shares; ii. Limited life redeemable preferred stock treasury shares with the replacement requirement upon redemption; iii. Sinking fund for redemption of limited life redeemable preferred stock with the replacement requirement upon redemption; and iv. Net losses in fair value adjustment of hedging instruments in a cash flow hedge of available for sale equity securities. 8. Lower Tier 2 capital consists of: a) Paid-up limited life redeemable preferred stock without the replacement requirement upon redemption in an amount equivalent to its carrying amount discounted by the following rates:
Remaining maturity 5 years & above 4 years to <5 years 3 years to <4 years 2 years to <3 years 1 year to <2 years < 1 year Discount factor 0% 20% 40% 60% 80% 100%
b) With prior BSP approval, unsecured subordinated debt with a minimum original maturity of at least five (5) years, issued subject to the conditions in paragraph 13, in an amount equivalent to its carrying amount discounted by the following rates:
Remaining maturity Discount factor 5 years & above 0% 4 years to <5 years 20% 3 years to <4 years 40% 2 years to <3 years 60% 1 year to <2 years 80% < 1 year 100%
g) Deposit for common stock subscription;
APP. 63c 11.12.31
c) Deposit for perpetual and cumulative preferred stock subscription; and d) Deposit for limited life redeemable preferred stock subscription with the replacement requirement upon redemption; Less: i. Limited life redeemable preferred stock treasury shares without the replacement requirement upon redemption; and ii. Sinking fund for redemption of limited life redeemable preferred stock without the replacement requirement upon redemption up to the extent of the balance of redeemable preferred stock after applying the cumulative discount factor. C. Deductions from the total of Tier 1 and Tier 2 capital 9. The following items should be deducted fifty percent (50%) from Tier 1 and fifty percent (50%) from Tier 2 capital: Provided, That the amount to be deducted from Tier 2 capital shall be limited to its balance and any excess thereof shall be deducted from Tier 1 capital: a) Investments in equity of unconsolidated subsidiary RBs and VCCs for TBs, and RBs for Coop Banks, after deducting related goodwill, if any (for solo basis); b) Investments in other regulatory capital instruments of unconsolidated subsidiary RBs for Coop Banks (for solo basis); c) Investments in equity of unconsolidated subsidiary non-financial allied undertakings, after deducting related goodwill, if any (for both solo and consolidated bases); d) Significant minority investments (20%-50% of voting stock) in banks and other financial allied undertakings (for both solo and consolidated bases); and e) Reciprocal investments in equity/ other regulatory capital instruments of other banks/QBs/enterprises.
10. Any asset deducted from qualifying capital in computing the numerator of the risk-based capital ratio shall not be included in the total risk-weighted assets in computing the denominator of the ratio. Available for sale debt securities shall be risk-weighted net of allowance for credit losses, but without considering accumulated market gains/(losses). D. Eligible instruments under hybrid Tier 1 capital 11. Perpetual preferred stock and perpetual unsecured subordinated debt issuances of banks should comply with the following minimum conditions in order to be eligible as hybrid Tier 1 (HT1) capital: a) It must be issued and fully paid-up. Only the net proceeds received from the issuance shall be included as capital; b) The dividends/coupons must be non-cumulative. It is acceptable to pay dividends/coupons in scrip or shares of stock if a cash dividend/coupon is withheld: Provided, That this does not result to issuing lower quality capital: Provided, further, That where such dividend/coupon stock settlement feature is included, the bank should ensure that it has an appropriate buffer of authorized capital stock and appropriate stockholders and board authorization, if necessary, to fulfill their potential obligations under such issues; c) It must be available to absorb losses of the bank without it being obliged to cease carrying on business. The agreement governing its issuance should specifically provide for the dividend/coupon and principal to absorb losses where the bank would otherwise be insolvent, or for its holders to be treated as if they were holders of a specified class of share capital in any proceedings commenced for the winding up of the bank. Issue documentation must disclose to prospective investors the manner by which the instrument is to be treated in loss situation.
APP. 63c 11.12.31
Alternatively, the agreement governing its issuance can provide for automatic conversion into common shares or perpetual and non-cumulative preferred shares upon occurrence of certain trigger events, as follows: i. Breach of minimum capital ratio; ii. Commencement of proceedings for winding up of the bank; or iii. Upon appointment of receiver for the bank. The rate of conversion must be fixed at the time of subscription to the instrument. The bank must also ensure that it has appropriate buffer of authorized capital stock and appropriate stockholders and board authorization for conversion/issue to take place anytime; d) Its holders must not have a priority claim, in respect of principal and dividend/ coupon payments in the event of winding up of the bank, which is higher than or equal with that of depositors, other creditors of the bank and holders of LT2 and UT2 capital instruments. Its holder must waive his/its right to set-off any amount he/it owes the bank against any subordinated amount owed to him/it due to the HT1 capital instrument; e) It must neither be secured nor covered by a guarantee of the issuer or related party or other arrangement that legally or economically enhances the priority of the claim of any holder as against depositors, other creditors of the bank and holders of LT2 and UT2 capital instruments; f) It must not be redeemable at the initiative of the holder. It must not be repayable without the prior approval of the BSP: Provided, That repayment may be allowed only in connection with call option after a minimum of five (5) years from issue date: Provided, however, That a call option may be exercised within the first five (5) years from issue date when: i. It was issued for the purpose of a merger with or acquisition by the bank and the merger or acquisition is aborted;
ii. There is a change in tax status of the HT1 capital instrument due to changes in the tax laws and/or regulations; or iii. It does not qualify as HT1 capital as determined by the BSP: Provided, further, That such repayment shall be approved by the BSP only if the preferred share/debt is simultaneously replaced with issues of new capital which is neither smaller in size nor of lower quality than the original issue, unless the banks capital ratio remains more than adequate after redemption. It must not contain any clause which requires acceleration of payment of principal, except in the event of insolvency. The agreement governing its issuance must not contain any provision that mandates or creates an incentive for the bank to repay the outstanding principal of the instrument, e.g., a cross-default or negative pledge or a restrictive covenant, other than a call option which may be exercised by the bank; g) Its main features must be publicly disclosed by annotating the same on the instrument and in a manner that is easily understood by the investor; h) The proceeds of the issuance must be immediately available without limitation to the bank; i) The bank must have full discretion over the amount and timing of dividends/ coupons where the bank: i. Has not paid or declared a dividend on its common shares in the preceding financial year; or ii. Determines that no dividend is to be paid on such shares in the current financial year. The bank must have full control and access to waived payments; j) Any dividend/coupon to be paid must be paid only to the extent that the bank has profits distributable determined in accordance with existing BSP regulations. The dividend/coupon rate, or the formulation for calculating dividend/coupon
APP. 63c 11.12.31
payments must be fixed at the time of issuance and must not be linked to the credit standing of the bank; k) It may allow only one (1) moderate step-up in the dividend/coupon rate in conjunction with a call option, only if the step-up occurs at a minimum of ten (10) years after the issue date and if it results in an increase over the initial rate that is not more than: i. 100 basis points less the swap spread between the initial index basis and the stepped-up index basis; or ii. Fifty percent (50%) of the initial credit spread less the swap spread between the initial index basis and the stepped-up index basis. The swap spread should be fixed as of the pricing date and reflect the differential in pricing on that date between the initial reference security or rate and the steppedup reference security or rate. l) It must be underwritten by a third party not related to the issuer bank nor acting in reciprocity for and in behalf of the issuer bank; m) It must be issued in minimum denominations of at P500,000.00 or its equivalent; n) It must clearly state on its face that it is not a deposit and is not insured by the PDIC; and o) The bank must submit a written external legal opinion that the abovementioned requirements, including the subordination and loss absorption features, have been met. Provided, That for purposes of reserve requirement regulation, it shall not be treated as time deposit liability, deposit substitute liability or other forms of borrowings: Provided, further, That the total amount of HT1 capital that may be included in the Tier 1 capital shall be limited to a maximum of fifteen percent (15%) of total Tier 1 capital (net of deductions enumerated
in paragraph 3). Provided, furthermore, That the amount of HT1 capital in excess of the maximum limit shall be eligible for inclusion in UT2 capital, subject to the limit in total Tier 2 capital. To determine the allowable amount of HT1 capital, the amount of total core Tier 1 capital (net of deductions enumerated in paragraph 3) should be multiplied by 17.65%, the number derived from the proportion of 15% to 85% (i.e., 15%/85% = 17.65%): Provided, finally, That where it is denominated in foreign currency, it shall be revalued in accordance with PAS 21. E. Eligible unsecured subordinated debt 12. Unsecured subordinated debt issuances by banks should comply with the following minimum conditions in order to be eligible as UT2 capital: a) It must be issued and fully paid-up. Only the net proceeds received from the issuance shall be included as capital; b) It must be available to absorb losses of the bank without it being obliged to cease carrying on business. The agreement governing its issuance should specifically provide for the coupon and principal to absorb losses where the bank would otherwise be insolvent, or for its holders to be treated as if they were holders of a specified class of share capital in any proceedings commenced for the winding up of the bank. Issue documentation must disclose to prospective investors the manner by which the instrument is to be treated in loss situation. Alternatively, the agreement governing its issuance can provide for automatic conversion into common shares or perpetual and non-cumulative shares or perpetual and cumulative preferred shares upon occurrence of certain trigger events, as follows: i. Breach of minimum capital ratio; ii. Commencement of proceedings for winding up of the bank; or
APP. 63c 11.12.31
iii. Upon appointment of receiver for the bank. The rate of conversion must be fixed at the time of subscription to the instrument. The bank must also ensure that it has appropriate buffer of authorized capital stock and appropriate stockholders and board authorization for conversion/issue to take place anytime; c) Its holders must not have a priority claim, in respect of principal and coupon payments of the UT2 in the event of winding up of the bank, which is higher than or equal with that of depositors, other creditors of the bank, and holders of LT2 capital instruments. Its holder must waive his/its right to set-off any amount he/it owes the bank against any subordinated amount owed to him/it due to the UT2 capital instrument; d) It must neither be secured nor covered by a guarantee of the issuer or related party or other arrangement that legally or economically enhances the priority of the claim of any holder as against depositors, other creditors of the bank and holders of LT2 capital instruments; e) It must not be redeemable at the initiative of the holder. It must not be repayable prior to maturity without the prior approval of the BSP: Provided, That repayment may be allowed only in connection with call option after a minimum of five (5) years from issue date: Provided, however , That a call option may be exercised within the first five (5) years from issue date when: i. It was issued for the purpose of a merger with or acquisition by the bank and the merger or acquisition is aborted; ii. There is a change in tax status of the UT2 capital instrument due to changes in the tax laws and/or regulations; or iii. It does not qualify as UT2 capital as determined by the BSP: Provided, further, That such repayment prior to maturity shall be approved by the
BSP only if the debt is simultaneously replaced with issues of new capital which is neither smaller in size nor of lower quality than the original issue, unless the banks capital ratio remains more than adequate after redemption, It must not contain any clause which requires acceleration of payment of principal, except in the event of insolvency. The agreement governing its issuance must not contain any provision that mandates or creates an incentive for the bank to repay the outstanding principal of the instrument, e.g., a cross-default or negative pledge or a restrictive covenant, other than a call option which may be exercised by the bank; f) Its main features must be publicly disclosed by annotating the same on the instrument and in a manner that is easily understood by the investor; g) The proceeds of the issuance must be immediately available without limitation to the bank; h) The bank must have the option to defer any coupon payment where the bank: i. Has not paid or declared a dividend on its common shares in the preceding financial year; or ii. Determines that no dividend is to be paid on such shares in the current financial year; It is acceptable for the deferred coupon to bear interest but the interest rate payable must not exceed market rates; i) The coupon rate, or the formulation for calculating coupon payments must be fixed at the time of issuance and must not be linked to the credit standing of the bank; j) It may allow only one (1) moderate step-up in the coupon rate in conjunction with a call option, only if the step-up occurs at a minimum of ten (10) years after the issue date and if it results in an increase over the initial rate that is not more than: i. 100 basis points less the swap spread between the initial index basis and the stepped-up index basis; or
APP. 63c 11.12.31
ii. Fifty percent (50%) of the initial credit spread less the swap spread between the initial index basis and the stepped-up index basis. The swap spread should be fixed as of the pricing date and reflect the differential in pricing on that date between the initial reference security or rate and the steppedup reference security or rate; k) It must be underwritten or purchased by a third party not related to the issuer bank nor acting in reciprocity for and in behalf of the issuer bank; l) It must be issued in minimum denominations of at least P500,000.00 or its equivalent; m) It must clearly state on its face that it is not a deposit and is not insured by the PDIC; and n) The bank must submit a written external legal opinion that the abovementioned requirements, including the subordination and loss absorption features, have been met: Provided, That it shall be subject to a cumulative discount factor of twenty percent (20%) per year during the last five (5) years to maturity (i.e., 20% if the remaining life is 4 years to less than 5 years, 40% if the remaining life is 3 years to less than 4 years, etc.): Provided, further , That where it is denominated in a foreign currency, it shall be revalued in accordance with PAS 21: Provided, furthermore, That for purposes of reserve requirement regulation, it shall not be treated as time deposit liability, deposit substitute liability or other forms of borrowings; 13. Unsecured subordinated debt issuances banks should comply with the following minimum conditions in order to be eligible as LT2 capital: a) It must be issued and fully paid-up. Only the net proceeds received from the issuance shall be included as capital; b) Its holders must not have a priority claim, in respect of principal and coupon
payments in the event of winding up of the bank, which is higher than or equal with that of depositors and other creditors of the bank. Its holder must waive his/its right to set-off any amount he/it owes the bank against any subordinated amount owed to him/it due to the LT2 capital instrument; c) It must neither be secured nor covered by a guarantee of the issuer or related party or other arrangement that legally or economically enhances the priority of the claim of any holder as against depositors and other creditors of the bank; d) It must not be redeemable at the initiative of the holder. It must not be repayable prior to maturity without the prior approval of the BSP: Provided , That repayment may be allowed only in connection with call option after a minimum of five (5) years from issue date: Provided, however, That a call option may be exercised within the first five (5) years from issue date when: i. It was issued for the purpose of a merger with or acquisition by the bank and the merger or acquisition is aborted; ii. There is a change in tax status of the LT2 capital instrument due to changes in the tax laws and/or regulations; or iii. It does not qualify as LT2 capital as determined by the BSP: Provided, further, That such repayment prior to maturity shall be approved by the BSP only if the debt is simultaneously replaced with issues of new capital which is neither smaller in size nor of lower quality than the original issue, unless the banks capital ratio remains more than adequate after redemption. It must not contain any clause which requires acceleration of payment of principal, except in the event of insolvency. The agreement governing the issuance must not contain any provision that mandates or creates an incentive for the bank to repay the outstanding principal of the instrument, e.g., a cross-default or negative pledge or a
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restrictive covenant, other than a call option which may be exercised by the bank; e) Its main features must be publicly disclosed by annotating the same on the instrument and in a manner that is easily understood by the investor; f) The proceeds must be immediately available without limitation to the bank; g) The coupon rate, or the formulation for calculating coupon payments must be fixed at the time of issuance and must not be linked to the credit standing of the bank; h) It may allow only one (1) moderate step-up in the coupon rate in conjunction with a call option, only if the step-up occurs at a minimum of five (5) years after the issue date and if it results in an increase over the initial rate that is not more than: i. 100 basis points less the swap spread between the initial index basis and the stepped-up index basis; or ii. Fifty percent (50%) of the initial credit spread less the swap spread between the initial index basis and the stepped-up index basis; The swap spread should be fixed as of the pricing date and reflect the differential in pricing on that date between the initial reference security or rate and the stepped-up reference security or rate. i) It must be underwritten or purchased by a third party not related to the issuer bank nor acting in reciprocity for and in behalf of the issuer bank; j) It must be issued in minimum denominations of at least P500,000.00 or its equivalent; k) It must clearly state on its face that it is not a deposit and is not insured by the PDIC; and
l) The bank must submit a written external legal opinion that the abovementioned requirements, including the subordination feature have been met: Provided , That it shall be subject to a cumulative discount factor of twenty percent (20%) per year during the last five (5) years to maturity (i.e., 20% if the remaining life is 4 years to less than 5 years, 40% if the remaining life is 3 years to less than 4 years, etc.): Provided, further, That where it is denominated in a foreign currency, it shall be revalued in accordance with PAS 21: Provided, furthermore, That for purposes of reserve requirement regulation, it shall not be treated as time deposit liability, deposit substitute liability or other forms of borrowings. 14. Capital instruments issued by banks starting 1 January 2011 should comply with the minimum conditions specified in Appendix 63d in order to be eligible as Hybrid Tier 1 or Lower Tier 2 capital.
(As amended by Circular Nos. 716 dated 25 March 2011 and 709 dated 10 January 2011)
Part III. Credit Risk-Weighted Assets 1. Credit risk-weighted assets shall be determined by assigning risk weights to amounts of on-balance sheet assets and to credit equivalent amounts of off-balance sheet items and for banks that shall engage in derivatives activities as end-user for hedging purpose and/or under a Type 3Limited User Authority granted pursuant to the provisions of Circular No. 594 dated 08 January 2008, inclusive of derivative contracts: Provided, That the following shall be deducted from the total credit risk-weighted assets: a) General loan loss provision (in excess of the amount permitted to be included in upper Tier 2 capital); and
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b) Unbooked valuation reserves and other capital adjustments affecting asset accounts based on the latest report of examination as approved by the Monetary Board. A. On-Balance Sheet Assets 2. The risk-weighted amount shall be the product of the net carrying amount of the asset and the risk weight associated with that asset. Net carrying amount shall refer to the outstanding balance of the account inclusive of unamortized discount/ (premium)and accumulated market gains/ (losses), and net of allowance for credit losses: Provided, That for available for sale debt securities, any accumulated market gains/(losses) shall be deducted/added back as stated in paragraph 10 of Part II. a) 0% risk weight i. Cash on hand (including foreign currency notes and coins on hand acceptable as international reserves); ii. Peso-denominated claims on or portions of claims guaranteed by or collateralized by peso-denominated securities issued by the Philippine National Government and the BSP; iii. Claims on or portions of claims guaranteed by or collateralized by securities issued by central governments and central banks of foreign countries with the highest credit quality as defined in Part VI; iv. Claims on or portions of claims guaranteed by or collateralized by securities issued by multilateral development banks with the highest credit quality as defined in Part VI; v. Loans to the extent covered by holdout on, or assignment of deposits/deposit substitutes maintained with the lending bank; vi. Loans or acceptances under letters of credit to the extent covered by margin deposits;
vii. Peso-denominated special time deposit loans to the extent guaranteed by Industrial Guarantee and Loan Fund (IGLF); viii.Peso-denominated real estate mortgage loans to the extent guaranteed by the Home Guaranty Corporation (HGC); and ix. Peso-denominated loans to the extent guaranteed by the Trade and Investment Development Corporation of the Philippines (TIDCORP). b) 20% risk weight i. Checks and other cash items (including foreign currency checks and other cash items denominated in currencies acceptable as international reserves); ii. Claims on or portions of claims guaranteed by or collateralized by securities issued by local government units (LGUs) with the highest credit quality as defined in Part VI; iii. Claims on or portions of claims guaranteed by or collateralized by securities issued by non-central government public sector entities of foreign countries with the highest credit quality as defined in Part VI; iv. Claims on or portions of claims guaranteed by Philippine incorporated banks/QBs with the highest credit quality as defined in Part VI; v. Claims on or portions of claims guaranteed by foreign incorporated banks with the highest credit quality as defined in Part VI; vi. Interbank call loans; vii. Claims on or portion of claims guaranteed by Philippine incorporated private enterprises (including claims on government corporations and on MSME not qualifying under highly diversified loan portfolio as defined in Item d below) with the highest credit quality as defined in Part VI; viii. Claims on or portion of claims guaranteed by foreign incorporated
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private enterprises (including claims on government corporations) with the highest credit quality as defined in Part VI; and ix. Loans to small farmer and fisherfolk engaged in palay and/or food production projects/activities to the extent guaranteed by the Agricultural Guarantee Fund Pool (AGFP) created under Administrative Order No. 225-A dated 25 May 2008: Provided, That a separate fund is maintained to guarantee the loans originated by banks: Provided, further , That the maximum allowable leveraging ratio of the fund maintained to guarantee bank loans shall be two (2), i.e., the maximum amount of loans guaranteed by the fund is twice the amount of money in the fund: Provided, furthermore, That the fund maintained to guarantee bank loans is invested in assets that are zero percent (0%) risk weighted under this risk-based capital adequacy framework. c) 50% risk weight i. Loans to individuals for housing purpose, fully secured by first mortgage on residential property that is or will be occupied by the borrower which are not classified as non-performing. d) 75% risk weight Qualified micro, small and medium enterprise (MSME) loan portfolio that meets the following criteria: For individual claims that may form part of the MSME loan portfolio (1) Claim must be on a micro, small or medium business enterprise as defined under existing BSP regulations; and (2) Claim must be in the form of: Direct loan; or Unused letters of credit: Provided, That the credit equivalent amounts thereof shall be determined in accordance with paragraph 3.
For the MSME loan portfolio (1) It must be a highly diversified portfolio, i.e., it has at least 500 borrowers that are distributed over a number of industries; and (2) All claims in the qualified loan portfolio must be current. e) 100% risk weight i. Foreign currency denominated claims on or portion of claims guaranteed by or collateralized by foreign currency denominated securities issued by the Philippine National Government and the BSP: Provided, That one-third (1/3) of the applicable risk weight shall be applied by 01 January 2012, two-thirds (2/3) by 01 January 2013, and the full risk weight by 01 January 2014; and ii. Non-performing loans to individuals for housing purpose, fully secured by first mortgage on residential property that is or will be occupied by the borrower. f) 150% risk weight i. All non-performing loans (except nonperforming loans to individuals for housing purpose, fully secured by first mortgage on residential property that is or will be occupied by the borrower) and all nonperforming debt securities. ii. Real and other properties acquired (ROPA) net of allowance for losses; Provided, That the 150% risk weight shall be applied on a staggered basis for three years, i.e.,115% starting 01 January 2012, 130% from 01 January 2013, and 150% from 01 January 2014. g) 100% risk weight All other assets including, among others, the following: i. Claims on central governments and central banks of foreign countries other than those with the highest credit quality;
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ii. Claims on Philippine local government units other than those with the highest credit quality; iii. Claims on non-central government public sector entities of foreign countries other than those with the highest credit quality; iv. Claims on Philippine incorporated banks/QBs other than those with the highest credit quality; v. Claims on foreign incorporated banks other than those with the highest credit quality; vi. Claims on the Philippine incorporated private enterprises (including claims on government corporations and on MSME not qualifying under highly diversified loan portfolio as defined in Item d above) other than those with the highest credit quality; vii. Claims on foreign incorporated private enterprises other than those with the highest credit quality; viii. Loans to companies engaged in speculative residential building or property development; ix. Equity investments (except those deducted from capital); x. Bank premises, furniture, fixture and equipment, inclusive of revaluation increment net of allowance for losses; xi. Foreign currency notes and coins on hand not acceptable as international reserves; and xii. Foreign currency checks and other cash items not acceptable as international reserves, except those which are deducted from capital, as follows: i. Total outstanding unsecured credit accommodations, both direct and indirect, to DOSRI - net of allowance for credit losses; ii. Total outstanding unsecured loans, other credit accommodations and guarantees granted to subsidiaries and affiliates - net of allowance for credit losses; iii. Deferred tax asset, net of deferred tax liability: Provided, That the conditions to offset under PAS 12 are met: Provided, further, That any excess of deferred tax liability over deferred
tax asset (i.e., net deferred tax liability) shall not be added to Tier 1 capital; iv. Goodwill, net of allowance for losses, including that relating to unconsolidated subsidiary RBs and VCCs for TBs, and RBs for Coop Banks (on solo basis) and unconsolidated non-financial allied undertakings (on solo and consolidated bases); v. Sinking fund for redemption of limited life redeemable preferred stock with the replacement requirement upon redemption; vi. Sinking fund for redemption of limited life redeemable preferred stock without the replacement requirement upon redemption (limited to the balance of redeemable preferred stock after applying the cumulative discount factor); vii.Investment in equity of unconsolidated subsidiary RBs and VCCs for TBs, and RBs for Coop Banks after deducting related goodwill, if any (for solo basis); viii.Investments in other regulatory capital instruments of unconsolidated subsidiary RBs for Coop Banks (for solo basis); ix. Investment in equity of subsidiary nonfinancial allied undertakings, after deducting related goodwill, if any (for both solo and consolidated bases); x. Significant minority investments (twenty percent to fifty percent (20%-50%) of voting stock) in banks and other financial allied undertakings (for both solo and consolidated bases); and xi. Reciprocal investments in equity/other regulatory capital instruments of other banks/ QBs/enterprises. B. Off-Balance Sheet Assets 3. The risk-weighted amount shall be calculated using a two-step process. First, the credit equivalent amount of an off-balance sheet item shall be determined by multiplying its notional principal amount by the appropriate credit conversion factor, as follows:
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a) 100% credit conversion factor This shall apply to direct credit substitutes, e.g., general guarantees of indebtedness (including standby letters of credit serving as financial guarantees for loans and securities) and acceptances (including endorsements with the character of acceptances), and shall include: i. Guarantees issued other than shipside bonds/airway bills; and ii. Financial standby letters of credit (net of margin deposit). b) 50% credit conversion factor This shall apply to certain transactionrelated contingent items, e.g., performance bonds, bid bonds, warranties and standby letters of credit related to particular transactions, and shall include: i. Performance standby letters of credit (net of margin deposit), established as a guarantee that a business transaction will be performed. This shall also apply to i. Other commitments e.g., formal standby facilities and credit lines with an original maturity of more than one (1) year. c) 20% credit conversion factor This shall apply to short-term, selfliquidating trade-related contingencies arising from movement of goods, e.g., documentary credits collateralized by the underlying shipments, and shall include: i. Trade-related guarantees: (1) Shipside bonds/airway bills (2) Letters of credit - confirmed ii. Sight letters of credit outstanding (net of margin deposit); iii. Usance letters of credit outstanding (net of margin deposit); iv. Deferred letters of credit (net of margin deposit); v. Revolving letters of credit (net of margin deposit) arising from movement of goods and/or services; and
This shall also apply to commitments with an original maturity of up to one (1) year. d) 0% credit conversion factor This shall apply to commitments, which can be unconditionally cancelled at any time by the bank without prior notice, and shall include i. Credit card lines. This shall also apply to those not involving credit risk, and shall include: i. Late deposits/payments received; ii. Inward bills for collection; iii. Outward bills for collection; iv. Travelers checks unsold; v. Trust department accounts; vi. Items held for safekeeping/ custodianship; vii. Items held as collaterals; viii.Deficiency claims receivable; and ix. Others. Second, the credit equivalent amount shall be treated like any on-balance sheet asset and shall be assigned the appropriate risk weight, i.e., according to the obligor, or if relevant, the qualified guarantor or the nature of collateral. C. Claims with Eligible Collateral/ Guarantees 4. In order to obtain capital relief, all documentation used in collateralized transactions and for documenting guarantees must be binding on all parties and legally enforceable in all relevant jurisdictions. The disclosure requirements under Part V of this document must also be observed for banks to obtain capital relief. 5. In addition to the general requirement for legal certainty set out in paragraph 4, the legal mechanism by which collateral is pledged or transferred must ensure that the bank has the right to liquidate or take legal possession of it in a timely manner, in the event of default, insolvency or bankruptcy.
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6. The following are the eligible collateral instruments: a) Cash (as well as certificates of deposits or comparable instruments issued by the lending bank) on deposit with the bank which is incurring the counterparty exposure; b) Peso-denominated securities issued by the Philippine National Government and the BSP; c) Multilateral development banks; d) Securities with the highest credit quality as defined in Part VI issued by: i. Central government and central banks of foreign countries; ii. Philippine local government units; and iii. Non-central government public sector entities of foreign countries; and e) First mortgage on residential property, only in the case of loans to individuals for housing purpose. 7. A guarantee must represent a direct claim on the protection provider and must be explicitly referenced to specific exposures or a pool of exposures, so that the extent of the cover is clearly defined and incontrovertible. Other than the nonpayment by a protection purchaser of money due in respect of the credit protection contract, the guarantee must be irrevocable; there must be no clause in the contract that would allow the protection provider unilaterally to cancel the credit cover or that would increase the effective cost of cover as a result of deteriorating credit quality in the hedged exposure. It must also be unconditional; there should be no clause in the protection contract outside the direct control of the bank that could prevent the protection provider from being obliged to pay out in a timely manner in the event that the original counterparty fails to make the payment(s) due. 8. The following are the eligible guarantors:
a) Philippine National Government and the BSP; b) Multilateral development banks; c) Guarantors with the highest credit quality as defined in Part VI: i. Central government and central banks of foreign countries; ii. Philippine local government units; iii. Non-central government public sector entities of foreign countries; iv. Philippine incorporated banks/QBs; and v. Foreign incorporated banks; vi. Philippine incorporated private enterprises (including government corporations); vii. Foreign incorporated private enterprises (including government corporations); and d) The Agricultural Guarantee Fund Pool created under Administrative Order No. 225-4 dated 26 May 2008. 9. The extent to which a claim is guaranteed/collateralized shall be determined by the amount of current market value of securities pledged/guarantee coverage, in comparison with the carrying amount of the on-balance sheet claim or the notional principal amount of the off-balance sheet exposure. Part IV. Operational Risk-Weighted Assets A. Definition of operational risk 1. Operational risk is defined as the risk of loss resulting from inadequate or failed internal processes, people and systems or from external events. This definition includes legal risk, but excludes strategic and reputational risk. 2. Banks should be guided by the Basel Committee on Banking Supervisions recommendations on Sound Practices for the Management and Supervision of Operational Risk (February 2003). The same may be downloaded from the BIS website (www.bis.org).
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B. Measurement of capital charge 3. In computing for the operational risk capital charge, banks shall use the basic indicator approach, with modification. 4. Under this approach, banks must hold capital for operational risk equivalent to twelve percent (12%) of the average gross income over the previous three (3) years of positive annual gross income; Provided, That this shall be applied over a three (3)-year period, i.e., four percent (4%) capital charge shall be applied by 01 January 2012, eight (8%) by 01 January 2013, and twelve percent (12%) by 01 January 2014. Figures for any year in which annual gross income is negative or zero should be excluded from both the numerator and denominator when calculating the average. 5. Gross income must be calculated using the year-end balances from the FRP. 6. Gross income, for the purpose of computing for operational risk capital charge, is defined as net interest income plus non-interest income. This measure should: a) be gross of any provisions for losses on accrued interest income from financial assets; b) be gross of operating expenses, including fees paid to outsourcing service providers; c) include fees and commissions; d) exclude gains/(losses) from the sale/redemption/derecognition of nontrading financial assets and liabilities; e) exclude gains/(losses) from sale/ derecognition of non-financial assets; and f) include other income (i.e., rental income, miscellaneous income, etc.). 7. Banks that have concerns on the insufficiency of their income data should consult their respective Central Point of Contact Department (CPCD) of the SES for the appropriate computation of the operational risk capital charge.1
C. Measurement of operational riskweighted assets 8. The resultant operational risk capital charge is to be multiplied by 125% before multiplying by 10 (i.e., the reciprocal of the minimum capital ratio of 10%) to arrive at the total operational riskweighted assets. Part V. Disclosures in the Annual Reports and Published Balance Sheet 1. In addition to the disclosure requirements under Subsec. X190.5 and X192.9.c of the MORB, banks shall disclose in their Annual Reports, where applicable, the information below. Item "h" should also be disclosed in the quarterly Published Balance Sheet (PBS): a) Tier 1 capital and a breakdown of its components (including deductions solely from Tier 1); b) Tier 2 capital and a breakdown of its components; c) Deductions from Tier 1 fifty percent (50%) and Tier 2 fifty percent (50%) capital; d) Total qualifying capital; e) Capital requirements for credit risk; f) Capital requirements for market risk; g) Capital requirements for operational risk; and h) Total and Tier 1 capital adequacy ratio on both solo and consolidated bases. 2. The required disclosures shall commence with Annual Reports for financial year 2012 and quarterly PBS from end-March 2012. Part VI. Definitions 1. Bank premises, furniture, fixture and equipment (inclusive of revaluation increment) net. This refers to the real and other properties used/to be used for banking purposes inclusive of revaluation increment as approved by the Monetary Board.
Applies to banks operating for less than three years, or those that have been recently merged, among others.
1
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2. Cash on hand. This refers to total amount of cash in the banks vault in the form of notes and coins in Philippine currency and in foreign currencies acceptable to form part of the international reserves. 3. Central government of a foreign country . This refers to the central government which is regarded as such by a recognized banking supervisory authority in that country. 4. COCIs . This refers to the total amount of COCIs received after the selected clearing cut-off time until the close of the regular banking hours denominated in Philippine currency and in foreign currencies acceptable to form part of the international reserves. 5. Claims. This refer to exposures to the entity on whom the claim is held, and shall include, but shall not be limited to the following accounts, inclusive of unamortized discount/(premium) and accumulated market gains/(losses) and net of allowance for credit losses: Provided, That for available for sale debt securities, any accumulated market gains/(losses) shall be deducted/added back as stated in paragraph 10 of Part II: a) Due from BSP; b) Due from other banks; c) Financial assets designated at fair value through profit or loss; d) Available for sale financial assets; e) Held to maturity financial assets; f) Unquoted debt securities classified as loans; g) Loans and receivables; h) Loans and receivable arising from repurchase agreements, certificates of assignment/participation with recourse, and securities lending and borrowing transactions; i) Sales contract receivables; j) Accrued interest income from financial assets; and
k) Others, e.g., accounts receivable and dividends receivable. Accruals on a claim shall be classified and risk weighted in the same way as the claim. Bills purchased on a without recourse basis shall be classified as claims on the drawee banks. 6. Claims on (a) central government and central bank and non-central government public sector entities of foreign country and foreign incorporated bank/private enterprise; (b) multilateral development banks; (c) local government units and Philippine incorporated bank/QB/private enterprise with the highest credit quality. This refers to claims on governments, banks/QBs, private enterprises given the highest credit rating by any of the following BSP-recognized credit rating agencies: International rating agencies:
Rating agency Highest rating Moodys Aa3 and above Standard & Poors AA- and above Fitch Ratings AA- and above And such other rating agencies as may be approved by the Monetary Board
International rating agencies (with National Ratings):

Rating agency Highest rating Fitch Ratings Singapore AA- and above And such other rating agencies as may be approved by the Monetary Board
Domestic rating agencies:

Rating agency Highest rating PhilRatings PRS Aa and above And such other rating agencies as may be approved by the Monetary Board
Provided, That for purposes of this Appendix, With prior BSP approval, international credit rating agencies may have national rating
APP. 63c 11.12.31
systems developed exclusively for use in the Philippines using the Philippine sovereign as reference highest credit quality anchor; If a claim has only one rating by any of the BSP recognized credit assessment agencies, that rating shall be used to determine the risk weight of the claim; in cases where there are two (2) or more ratings which map into different risk weights, the higher of the two lowest risk weights should be used; Any reference to credit rating shall refer to issue-specific rating; the issuer rating may be used only if the claim being riskweighted is an unsecured senior obligation of the issuer and is of the same denomination applicable to the issuer rating (e.g., local currency issuer rating may be used for risk weighting local currency denominated senior claims); or short-term or in cases of guarantees; For loans, risk weighting shall depend on either the rating of the borrower or the rating of the unsecured senior obligation of the borrower: Provided, That in the case of the latter, the loan is of the same currency denomination as the unsecured senior obligation; and Domestic debt issuances may be rated by BSP-recognized domestic or international credit rating agencies, which have developed a national rating scale acceptable to the BSP, while internationally issued debt obligations shall be rated by BSP-recognized international credit assessment agencies only. 7. Consolidated basis. This refers to combined financial statements of parent bank and subsidiary financial allied undertakings (i.e., RBs and VCCs for TBs, and RBs for Coop Banks) on a line by line basis. 8. Deposit for stock subscription. This refers to the payments made by stockholders of the bank on subscription to the increase in the authorized capital which cannot be
directly credited to capital stock issued pending approval by the BSP and registration with the SEC of the amendment to the Articles of Incorporation increasing capital stock. This account shall be used only when existing authorized capital is already fully subscribed. 9. Financial allied undertakings. This refers to enterprises or firms with homogenous or similar activities/business/ functions with the financial intermediary and may include but not limited to leasing companies, banks, investment houses, financing companies, credit card companies, FIs catering to small and medium scale industries (including VCCs), companies engaged in FX dealership/ brokerage, and such other similar activities as the Monetary Board may declare as appropriate from time to time. 10. Goodwill. This refers to the future economic benefit arising from assets that are not capable of being individually identified and separately recognized. 11. Government corporations . This refers to commercial undertakings owned by central governments or non-central public sector entities. Claims on Philippine GOCCs that are not explicitly guaranteed by the Philippine National Government are also included in this category. 12. Interbank call loans. This refers to the cost of call/demand loans granted to other resident banks and non-bank financial intermediaries with quasi-banking authority covered under Section X343. 13. Investment in subsidiaries. This refers to the amount of the banks investments in the equity instruments of unconsolidated subsidiaries which shall be accounted for using the equity method. As provided under PAS 27, a subsidiary is an entity that is controlled by another entity (known as the parent). Control is presumed to exist when the parent owns, directly or indirectly through subsidiaries, more than
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half of the voting power of an entity, unless in exceptional circumstances, it can be directly demonstrated that such ownership does not constitute control. 14. Loans to individuals for housing purpose, fully secured by first mortgage on residential property that is or will be occupied by the borrower. This shall not include loans to companies engaged in speculative residential building or property development. 15. Loans or acceptances under letters of credit to the extent covered by margin deposits. This shall not include the unnegotiated letters of credit or the unutilized portion thereof, or other items booked under contingent accounts. This shall also not include margin deposits against loans or acceptance accounts which are fully liquidated. 16. Loans to the extent covered by hold-out on, or assignment of, deposits or deposit substitutes maintained in the lending bank. A loan shall be considered as secured by a hold-out on, or assignment of deposit or deposit substitute only if such deposit or deposit substitute account is covered by a hold-out agreement or deed of assignment signed by the depositor or investor/placer in favor of the bank. This shall not include loans transferred to/carried by the banks trust department secured by deposit hold-out/assignment. 17. Multilateral development banks. This includes all exposures to multilateral development banks. Claims on World Bank Group, which comprised of the International Bank for Reconstruction and Development (IBRD) and the International Finance Corporation (IFC), the Asian Development Bank (ADB), the African Development Bank (AfDB), the European Bank for Reconstruction and Development (EBRD), the Inter-American Development Bank (IADB), the European Investment Bank (EIB), the European Investment Fund (EIF),
the Nordic Investment Bank (NIB), the Caribbean Development Bank (CDB), the Islamic Development Bank (IDB), and the Council of Europe Development Bank (CEDB) currently receive 0% risk weight. 18. Non-central government public sector entities of a foreign country. This refers to entities which are regarded as such by a recognized banking supervisory authority in the country in which they are incorporated. 19. Non-performing debt securities. This refers to debt securities as described below: a) For zero-coupon debt securities, and debt securities with quarterly, semiannual, or annual coupon payments, they shall be considered non-performing when principal and or coupon payment is unpaid for thirty (30) days or more after due date; and b) For debt securities with monthly coupon payments, they shall be considered non-performing when three (3) or more coupon payments are in arrears: Provided, however, That when the total amount of arrearages reaches twenty percent (20%) of the total outstanding balance of the debt security, the total outstanding balance of the debt security shall be considered as non-performing. 20. Other commitments. This includes undrawn portion of any binding arrangements which obligate the bank to provide funds at some future date. 21. Other commitments with an original maturity of up to one (1) year. This includes any revolving or undated open-ended commitments, e.g., overdrafts or unused credit lines, providing that they can be unconditionally cancelled at any time and subject to credit revision at least annually. 22. Other regulatory capital instruments. This refers to unsecured subordinated term debt instruments qualifying as capital of banks.
APP. 63c 11.12.31
23. Perpetual preferred stock. This refers to preferred stock that does not have a maturity date, that cannot be redeemed at the option of the holder of the instrument, and that has no provision that will require future redemption of the issue. Consistent with these provisions, any perpetual preferred stock with a feature permitting redemption at the option of the issuer may qualify as capital only if the redemption is subject to prior approval of the BSP. 24. Philippine LGUs . This refers to Philippine government units below the level of national government, such as city, provincial, and municipal governments. 25. Philippine National Government. This shall refer to the Philippine National Government and its agencies such as departments, bureaus, offices, and instrumentalities, but excluding GOCCs. 26. Private enterprises. This refers to all commercial companies whether organized in the form of a corporation, partnership, or sole proprietorship. This shall include government corporations. 27. Redeemable preferred stock. This refers to preferred stock which under existing regulation may be redeemed at the specific dates or periods fixed for redemption, only upon prior approval of the BSP and, where the conditions of the issuance specifically state, only if the shares redeemed are replaced with at least an equivalent amount of newly paid-in shares so that the total paid-in capital stock is maintained at the same level immediately prior to redemption: Provided , That redemption shall not be earlier than five (5) years after the date of issuance: Provided, further, That such redemption may not be made where the bank is insolvent or if such redemption will cause insolvency, impairment of capital or inability of the bank to meet its debts as they mature. 28. Solo basis. This refers to combined financial statements of head office and branches.
29. Treasury shares. This refers to shares of the parent bank held by a subsidiary financial allied undertaking (i.e., RBs and VCCs for TBs, and RBs for Coop Banks) in consolidated financial statements. Part VII. Required Reports 1. Banks shall submit a report of their risk-based capital ratio on a solo basis (head office plus branches) and on a consolidated basis (parent bank plus subsidiary financial allied undertakings (i.e., RBs and VCCs for TBs, and RBs for Coop Banks) quarterly in the prescribed forms within the deadlines, i.e., fifteen (15) banking days and thirty (30) banking days after the end of the reference quarter, respectively. Only banks with subsidiary financial allied undertakings (i.e., RBs and VCCs for TBs, and RBs for Coop Banks) which under the existing regulations are required to prepare consolidated financial statements on a line-by-line basis shall be required to submit report on consolidated basis. The abovementioned reports shall be classified as Category A-2 reports. Part VIII. Sanctions A. For non-reporting of CAR breaches 1. It is the responsibility of the President or any officer of the bank holding equivalent position to cause the immediate reporting of CAR breaches both to its Board of Directors and to the BSP. It is likewise the responsibility of the President/or any officer holding equivalent position to ensure the accuracy of CAR calculations and the integrity of the associated monitoring and reporting system. Any willful violation of the above will be considered as a serious offense for purposes of determining the appropriate monetary penalty that will be imposed on the President/or any officer holding equivalent position. In addition, the President/or any officer holding equivalent
APP. 63c 11.12.31
position shall be subject to the nonmonetary sanctions: a) First offense warning b) Second offense reprimand c) Third offense one (1) month suspension without pay d) Further offense disqualification B. For non-compliance with required disclosures 2. Willful non-disclosure or erroneous disclosure of any item required to the disclosed under this framework in either the Annual Report or the Published Balance Sheet shall be considered as a serious offense for purposes of determining the appropriate monetary penalty that will be imposed on the bank. In addition, the President/or any officer holding equivalent position and the BOD shall be subject to the following nonmonetary sanctions: a) First offense warning on President/ or any officer holding equivalent position and the BOD b) Second offense reprimand on President/or any officer holding equivalent position and the BOD c) Third offense 1 month suspension of President/or any officer holding equivalent position without pay d) Further offense possible disqualification of the President/or any officer holding equivalent position and/or the BOD C. For non-compliance with the minimum CAR 3. In case a bank does not comply with the prescribed minimum CAR, the Monetary Board may limit or prohibit the distribution
of net profits by such bank and may require that part or all of net profits be used to increase the capital accounts of the bank until the minimum requirements has been met. The Monetary Board may, furthermore, restrict or prohibit the acquisition of major assets and the making of new investments by the bank, with the exception of purchases of readily marketable evidences of indebtedness of the Republic of the Philippines and of the BSP included in paragraph 2, Item a.ii of Part III, and any other evidences of indebtedness or obligations the servicing and repayment of which are fully guaranteed by the Republic of the Philippines, until the minimum requirement capital ratio has been restored. 4. In case of a bank merger, or consolidation, or when a bank is under rehabilitation program approved by the BSP, the Monetary Board may temporarily relieve the surviving bank, consolidated bank, or constituent bank or corporations under rehabilitation from full compliance with the required capital ratio under such conditions as it may prescribe. 5. A bank may also be subject to PCA framework when either the total CAR, Tier 1 ratio or leverage ratio falls below 10%, 6%, and 5%, respectively, or such other minimum levels that may be prescribed for the said ratios under relevant regulations, and/or the combined capital accounts falls below the minimum capital requirement prescribed under Subsec. X111.1, pursuant to the provisions of Circular No. 523 dated 23 March 2006, as amended.
(Circular No. 688 dated 26 May 2010, as amended by Circular Nos. 717 dated 25 March 2011 and 713 dated 14 February 2011)
APP. 63d 11.12.31
RISK-BASED CAPITAL ADEQUACY FRAMEWORK FOR THE BANKS ON THE DEFINITION OF QUALIFYING CAPITAL INSTRUMENTS
(Appendix to App. 63a, 63b and 63c) Introduction The Basel Committee on Banking Supervision (BCBS) has issued new standards that modify the structure of banks regulatory capital, among others. The standards divide capital elements into (1) Tier 1 capital, which is also referred to as going-concern capital, and is composed of common equity and additional going concern capital, and (2) Tier 2 capital, which is also referred to as gone-concern capital. Moreover, the standards set forth eligibility criteria for inclusion of capital instruments as additional going concern capital and Tier 2 capital. To align with the international standards, the BSP hereby adopts the BCBS eligibility criteria on additional going concern capital and Tier 2 capital to determine the eligibility of capital instruments to be issued by Philippine banks as Hybrid Tier 1 capital and Lower Tier 2 capital, respectively, under the existing risk-based capital adequacy framework for banks effective 01 January 2011. Following are the guidelines on banks issuances of qualifying capital instruments: Effective 01 January 2011, capital instruments issued by banks should comply with the following minimum conditions in order to be eligible as Hybrid tier 1 or Lower Tier 2 capital, as applicable: 1. For Hybrid Tier 1: a) It must be issued and paid-in; b) It must be subordinated to depositors, general creditors and subordinated debt of the bank;
1 2
c) It is neither secured nor covered by a guarantee of the issuer or related entity or other arrangement that legally or economically enhances the seniority of the claim vis- vis bank creditors; d) It is perpetual, i.e., there is no maturity date and there are no step ups or other incentives to redeem; e) It may be callable at the initiative of the issuer only after a minimum of five years, subject to the following conditions: i. To exercise a call option a bank must receive prior supervisory approval; and ii. A bank must not do anything which creates an expectation that the call will be exercised; and iii. Banks must not exercise a call unless: a. They replace the called instrument with capital of the same or better quality and the replacement of this capital is done at conditions which are sustainable for the income capacity of the bank1 ; or b. The bank demonstrates that its capital position is well above the minimum capital requirements after the call option is exercised; f) Any repayment of principal (e.g. through repurchase or redemption) must be with prior supervisory approval and banks should not assume or create market expectations that supervisory approval will be given; g) With regard to dividend/ coupon discretion: i. The bank must have full discretion at all times to cancel distributions/payments2;
Replacement issues can be concurrent but not after the instrument is called. A consequence of full discretion at all times to cancel distributions/payments is that dividend pushers are prohibited. An instrument with a dividend pusher obliges the issuing bank/quasi-bank to make a dividend/coupon payment on the instrument if it has made a payment on another (typically more junior) capital instrument or share. This obligation is inconsistent with the requirement for full discretion at all times. Furthermore, the term cancel distributions/payments means extinguish these payments. It does not permit features that require the bank/quasi-bank to make distributions/payments in kind. Appendix 63d - Page 1
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ii. Cancellation of discretionary payments must not be an event of default; iii. Banks must have full access to cancelled payments to meet obligations as they fall due; and iv. Cancellation of distributions/ payments must not impose restrictions on the bank except in relation to distributions to common stockholders; h) Dividends/coupons must be paid out of distributable items; i) The instrument cannot have a credit sensitive dividend feature, that is, a dividend/coupon that is reset periodically based in whole or in part on the banks credit standing; j) The instrument cannot contribute to liabilities exceeding assets if such a balance sheet test forms part of national insolvency law; k) Instruments classified as liabilities for accounting purposes must have principal loss absorption through either (i) conversion to common shares at an objective pre-specified trigger point or (ii) a write-down mechanism which allocates losses to the instrument at a pre-specified trigger point. The write-down will have the following effects: i. Reduce the claim of the instrument in liquidation; ii. Reduce the amount re-paid when a call is exercised; and iii. Partially or fully reduce coupon/ dividend payments on the instrument; l) Neither the bank nor a related party over which the bank exercises control or significant influence can have purchased the instrument, nor can the bank directly or indirectly have funded the purchase of the instrument; m) The instrument cannot have any features that hinder recapitalization, such as provisions that require the issuer to compensate investors if a new instrument
is issued at a lower price during a specified time frame; n) It must be underwritten by a third party not related to the issuer bank nor acting in reciprocity for and in behalf of the issuer bank; o) It must clearly state on its face that it is not a deposit and is not insured by the PDIC; and p) The bank must submit a written external legal opinion that the abovementioned requirements, including the subordination and loss absorption features, have been met: Provided, That instruments that meet the foregoing conditions shall be subject to the same treatment as eligible Hybrid Tier 1 capital issued prior to 01 January 2011 for purposes of (1) reserve requirement regulation, and (2) the limit on the amount of Hybrid Tier 1 capital that may be included in Tier 1 capital. 2. For Lower Tier 2 capital: a) It must be issued and paid-in; b) It must be subordinated to depositors and general creditors of the bank; c) It is neither secured nor covered by a guarantee of the issuer or related entity or other arrangement that legally or economically enhances the seniority of the claim vis- vis depositors and general bank creditors; d) With regard to maturity: i. It must have a minimum original maturity of at least five (5) years; ii. Its recognition in regulatory capital in the remaining five (5) years before maturity will be amortized on a straight line basis; and iii. There are no step-ups or other incentives to redeem; e) It may be callable at the initiative of the issuer only after a minimum of five (5) years:
APP. 63d 11.12.31
i. To exercise a call option a bank must receive prior supervisory approval; and ii. A bank must not do anything which creates an expectation that the call will be exercised3; and iii. Banks must not exercise a call unless: a. They replace the called instrument with capital of the same or better quality and the replacement of this capital is done at conditions which are sustainable for the income capacity of the bank4; or b. The bank demonstrates that its capital position is well above the minimum capital requirements after the call option is exercised; f) The investor must have no rights to accelerate the repayment of future scheduled payments (coupon or principal), except in bankruptcy and liquidation; g) The instrument cannot have a credit sensitive dividend feature, that is a dividend/ coupon that is reset periodically based in whole or in part on the banks credit standing; h) Neither the bank nor a related party over which the bank exercises control or significant influence can have purchased the instrument, nor can the bank directly or indirectly have funded the purchase of, the instrument; i) It must be underwritten by a third party not related to the issuer bank nor acting in reciprocity for and in behalf of the issuer bank; j) It must clearly state on its face that it is not a deposit and is not insured by the Philippine Deposit Insurance Corporation (PDIC); and
k) The bank must submit a written external legal opinion that the abovementioned requirements, including the subordination features, have been met:Provided, That, instruments that meet the foregoing conditions shall be subject to the same treatment as Unsecured Subordinated Debt issued prior to 01 January 2011 that are eligible as Lower Tier 2 capital, for purposes of (1) the limit on the amount that may be included in Lower Tier 2 capital during the instruments last five (5) years to maturity; (2) foreign exchange revaluation in accordance with Philippine Accounting Standards (PAS) 21: The Effects of Changes in Foreign Exchange Rates, if the instrument is denominated in foreign currency; (3) reserve requirement regulation; and (4) the limit on the total amount of Lower Tier 2 capital that may be included in Total Tier 2 capital. Effective 01 January 2011, no new issuances of capital instruments shall be included in Upper Tier 2 capital. Eligible capital instruments under Hybrid Tier 1, Upper Tier 2 and Lower Tier 2 capital that have been issued as of 31 December 2010 shall continue to be recognized as qualifying capital subject to limits provided under the existing risk-based capital adequacy framework for banks until such time that the BSP issues further guidelines, in accordance with developments in international standards.
(Circular No. 709 dated 10 January 2011 as amended by Circular Nos. 716 dated 25 March 2011)
1 An option to call the instrument after five (5) years but prior to the start of the amortization period will not be viewed as an incentive to redeem as long as the bank/quasi-bank does not do anything that creates an expectation that the call will be exercised at this point. 2 Replacement issues can be concurrent with but not after the instrument is called.
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BANGKO SENTRAL RULES OF PROCEDURE ON ADMINISTRATIVE CASES INVOLVING DIRECTORS AND OFFICERS OF BANKS
(Appendix to Sec. X150) RULE I GENERAL PROVISIONS Section 1. Title. These rules shall be known as the BSP Rules of Procedure on Administrative Cases Involving Directors and Officers of Banks. Sec. 2. Applicability. These rules shall apply to administrative cases filed with or referred to the Office of Special Investigation (OSI), BSP, involving directors and officers of banks pursuant to Section 37 of Republic Act No. 7653 (The New Central Bank Act) and Sections 16 and 66 of Republic Act No. 8791 (The General Banking Law of 2000). The disqualification of directors and officers under Section 16 of R.A. No. 8791 shall continue to be covered by existing BSP rules and regulations. Sec. 3. Nature of proceedings. The proceedings under these rules shall be summary in nature and shall be conducted without necessarily adhering to the technical rules of procedure and evidence applicable to judicial trials. Proceedings under these rules shall be confidential and shall not be subject to disclosure to third parties, except as may be provided under existing laws. RULE II COMPLAINT Sec. 1. Complaint. The complaint shall be in writing and subscribed and sworn to by the complainant. However, in cases initiated by the appropriate department of the BSP, the complaint need not be under oath. No anonymous complaint shall be entertained. Sec. 2. Where to file. The complaint shall be filed with or referred to the OSI. Sec. 3. Contents of the complaint. The complaint shall contain the ultimate facts of the case and shall include: a. full name and address of the complaint; b. full name and address of the person complained of; c. specification of the charges; d. statement of the material facts; e. statement as to whether or not a similar complaint has been filed with the BSP or any other public office. The complaint shall include copies of documents and affidavits of witnesses, if any, in support of the complaint. RULE III DETERMINATION OF PRIMA FACIE CASE AND PROSECUTION OF THE CASE Sec. 1. Action on complaint. Upon determination that the complaint is sufficient in form and substance, the OSI shall furnish the respondent with a copy thereof and require respondent to file within ten (10) days from receipt thereof, a sworn answer, together with copies of documents and affidavits of witnesses, if any, copy furnished the complainant. Failure of the respondent to file an answer within the prescribed period shall be considered a waiver and the case shall be deemed submitted for resolution. Sec. 2. Preliminary investigation. Upon receipt of the sworn answer of the respondent, the OSI shall determine whether there is a prima facie case against
APP. 64 08.12.31
the respondent. If a prima facie is established during the preliminary investigation, the OSI shall file the formal charge with the Supervised Banks Complaints Evaluation Group (SBCEG), BSP. However, in the absence of a prima facie case, the OSI shall dismiss the complaint without prejudice or take appropriate action as may be warranted. Sec. 3. Formal charge. The formal charge shall contain the name of the respondent, a brief statement of material or relevant facts, the specific charge, and the pertinent provisions of banking laws, rules or regulations violated. Sec. 4. Prosecution. The OSI shall prosecute the case. The complainant may be assisted or represented by counsel, who may be deputized for such purpose, under the direction and control of the OSI. RULE IV PROCEEDING BEFORE THE HEARING PANEL OR HEARING OFFICER Sec. 1. Filing of the formal charge. The OSI shall file the formal charge before the SBCEG. It shall also furnish the SBCEG with supporting documents relevant to the formal charge. Sec. 2. Hearing officer and composition of the hearing panel. The case shall be heard either by a hearing officer or a hearing panel, which shall be composed of a chairman and two (2) members, all of whom shall be designated by the SBCEG. The SBCEG shall determine whether the case shall be heard either by a hearing panel or a hearing officer. Sec. 3. Answer. The hearing panel or hearing officer shall furnish the respondent with a copy of the formal charge, with
supporting documents relevant thereto, and shall require him to submit, within ten (10) days from receipt thereof, a sworn answer, copy of which shall be furnished the prosecution. The respondent, in his answer, shall specifically admit or deny all the charges specified in the formal charge, including the attachments. Failure of the respondent to comment, under oath, on the documents attached thereto shall be deemed an admission of the genuineness and due execution of said documents. Sec. 4. Waiver. In the event that the respondent, despite due notice, fails to submit an answer within the prescribed period, he shall be deemed to have waived his right to present evidence. The hearing panel or hearing officer shall issue an order to that effect and direct the prosecution to present evidence ex parte. Thereafter, the hearing panel or hearing officer shall submit a report on the basis of available evidence. Sec. 5. Preliminary conference. Upon receipt of the answer of respondent, the hearing panel or hearing officer shall set the case for preliminary conference for the parties to consider and agree on the admission or stipulation of facts and of documents, simplification of issues, identification and marking of evidence and such other matters as may aid in the prompt and just resolution of the case. Any evidence not presented and identified during the preliminary conference shall not be admitted in subsequent proceedings. Sec. 6. Submission of position papers After the preliminary conference, the hearing panel or hearing officer shall issue an order stating therein the matters taken up, admissions made by the parties and issues for resolution. The order shall also direct the parties to simultaneously submit,
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within ten (10) days from the receipt of said order, their respective position papers which shall be limited to a discussion of the issues as defined in the order. Sec. 7. Hearing. After the submission by the parties of their position papers, the hearing panel or hearing officer shall determine whether or not there is a need for a hearing for the purpose of crossexamination of the affiant(s). If the hearing panel or hearing officer finds no necessity for conducting a hearing, he shall issue an order to the effect. In cases where the Hearing Panel or Hearing Officer deems it necessary to allow the parties to conduct crossexamination, the case shall be set for hearing. The affidavits of the parties and their witnesses shall take the place of their direct testimony. RULE V PROHIBITED MOTIONS Sec. 1. Prohibited Motions. No motion to dismiss or quash, motion for bill of particulars and such other dilatory motions shall be allowed in the cases covered by these rules. RULE VI RESOLUTION OF THE CASE Sec. 1. Contents and period for submission of report. Within sixty (60) days after the hearing panel or hearing officer has issued an order declaring that the case is submitted for resolution, a report shall be submitted to the Monetary Board. The report of the hearing panel or hearing officer shall contain clearly and distinctly the findings of facts and conclusions of law on which it is based. Sec. 2. Rendition and notice of resolution After consideration of the report, the Monetary Board shall act thereon and
cause true copies of its resolution to be served upon the parties. Sec. 3. Finality of the resolution. The resolution of the Monetary Board shall become final after the expiration of fifteen (15) days from receipt thereof by the parties, unless a motion for reconsideration shall have been timely filed. Sec. 4. Motion for reconsideration. A motion for reconsideration may only be entertained if filed within fifteen (15) days from receipt of the resolution by the parties. No second motion for reconsideration shall be allowed. RULE VII APPEAL Sec. 1. Appeal. An appeal from the Resolution of the Monetary Board may be taken to the Court of Appeals within the period and in the manner provided under Rule 43 of the Revised Rules of Court. RULE VIII EXECUTION OF RESOLUTION Sec. 1. Resolution becoming executory The resolution of the Monetary Board shall become executory upon the lapse of fifteen (15) days from receipt thereof by the parties or from the receipt of the denial of the motion for reconsideration. Sec. 2. Effect of appeal. The appeal shall not stay the resolution sought to be reviewed unless the Court of Appeals shall direct otherwise upon such terms as it may deem just. Sec. 3. Enforcement of resolution. When the resolution orders the imposition of fines, suspension or removal from office of respondent, the enforcement thereof shall be referred to the appropriate department of the BSP.
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RULE IX - MISCELLANEOUS PROVISIONS Sec. 1. Repeal. All existing rules, regulations, orders or circulars or any part thereof inconsistent with these rules are
hereby repealed, amended or modified accordingly. Sec. 2. Separability Clause. If any part of these rules is declared unconstitutional or illegal, the other parts or provisions shall remain valid.
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FORMAT CERTIFICATION
(Appendix to Subsec. X235.12) ______________________________ Name of Bank CERTIFICATION Pursuant to the requirements of Subsec. X235.12, I hereby certify that on all banking days of the semester ended _____ that the ____________________ (bank) did not enter into any repurchase agreement covering government securities, commercial papers and other negotiable and non-negotiable securities or instruments that are not documented in accordance with existing BSP regulations and that it has strictly complied with the pertinent rules of the SEC and the BSP on the proper sale of securities to the public and performed the necessary representations and disclosures on the securities particularly the following: 1. Informed and explained to the client all the basic features of the security being sold on a without recourse basis, such as, but not limited to: a. b. c. d. e. f. Issuer and its financial condition; Term and maturity date; Applicable interest rate and its computation; Tax features (whether taxable, tax paid or tax-exempt); Risk factors and investment considerations; Liquidity feature of the instrument: (1) Procedures for selling the security in the secondary market (e.g., OTC or exchange); (2) Authorized selling agents; and (3) Minimum selling lots. g. Disposition of the security (1) Registry (address and contact numbers) (2) Functions of the registry (3) Pertinent registry rules and procedures h. Collecting and Paying Agent of the principal and interest i. Other pertinent terms and conditions of the security and if possible, a copy of the prospectus or information sheet of the security. 2. Informed the client that pursuant to BSP Circular No. 392 dated 23 July 2003 a. Securities sold under repurchase agreements shall be physically delivered, if certificated, to a BSP accredited custodian that is mutually acceptable to the client and the bank, or by means of book-entry transfer to the appropriate securities account of the BSP accredited custodian in a registry for said securities, if immobilized or dematerialized, and b. Securities sold on a without recourse basis are required to be delivered physically to the purchaser, or to his designated custodian duly accredited by the BSP, if
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certificated, or by means of book-entry transfer to the appropriate securities account of the purchaser or his designated custodian in a registry for said securities if immobilized or dematerialized 3. Clearly stated to the client that: a. The bank does not guarantee the payment of the security sold on a without recourse basis and in the event of default by the issuer, the sole credit risk shall be borne by the client; and b. The bank is not performing any advisory or fiduciary function.
Name of Officer Position Date _____________ SUBSCRIBED AND SWORN to before me, this _____ day of _____, affiant exhibiting his Community Tax Certificate as indicated below: Name Community Tax Cert. No. Date/Place Issued
Notary Public
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Annex A
FORMAT CERTIFICATION
______________________________ Name of Bank CERTIFICATION Pursuant to the requirements of Subsec. X235.12_______ dated _____, I hereby certify that as of 31 January 2005, the ____________________ (name of bank) does not have any outstanding repurchase agreements covering government securities, commercial papers and other negotiable and non-negotiable securities or instruments that are not documented in accordance with existing BSP regulations.
____________________ Name of Officer Position
SUBSCRIBED AND SWORN to before me, this _____ day of _____, affiant exhibiting his Community Tax Certificate as indicated below: Name Community Tax Cert. No. Date/Place Issued Notary Public
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REGULATORY REQUIREMENTS IN INVESTING IN CREDIT-LINKED NOTES, STRUCTURED PRODUCTS AND SECURITIES OVERLYING SECURITIZATION STRUCTURES BY UNIVERSAL BANKS AND COMMERCIAL BANKS
[Appendix to Secs. 1628 (2008 - 1633), 1635, 1636 and 1648] a. Banks shall: submit the following documents to the appropriate department of the SES within five (5) banking days after the date of its initial investment in credit-linked notes, structured products and/or securities overlying securitization structures (1) A notarized certification in the prescribed formats (Annexes A and B) duly signed by the President/Chief Executive Officer or its equivalent, the Treasurer and Compliance Officer, stating that the banks investments are in compliance with relevant BSP rules and regulations, and that the bank has an adequate risk management system in place; and (2) Terms and conditions and/or product manuals on the credit- linked notes, structured products and/or securities overlying securitization structures, which as a minimum should cover the following: (a) Description of the relevant financial product; (b) Analysis of the proposed investments i. reasonableness vis--vis the institutions overall financial condition and capital levels; and ii. consistency with the institutions business strategies and objectives; (c) Analysis of the risks that may arise from the investments and the corresponding impact on the banks risk profile; (d) Procedures/methodologies that the bank will implement to measure, monitor and control the risks inherent in the financial products; (e) Relevant accounting guidelines, including pro-forma accounting entries; (f) Relevant tax treatment; (g) Analysis of any legal/regulatory restrictions and whether the investment is permissible for the institution; and (h) Process flow chart, from deal initiation to risk reporting, indicating the departments and personnel involved in the identified processes. UBs/KBs failing to submit the required certification within the prescribed deadline shall be subject to monetary penalties applicable for delayed reporting under existing regulations. For purposes of imposing monetary penalties, the required certification shall be classified as a Category A-1 report. Further, failure to comply with the above requirements shall subject the erring bank to the imposition of administrative sanctions under Section 37 of R.A. 7653. The certification and the terms and conditions and/or product manual need not be submitted for a banks subsequent investments in the same issue of creditlinked note or structured product, or securities overlying the same tranche of a securitization structure. b. The certification shall be subject to post-verification by the appropriate supervision and examination department of the BSP. Should the BSP subsequently determine that the investments do not fully comply with the provisions of Secs. 1628, 1635, 1636 and 1648, as applicable, and other relevant BSP regulations, the UB/KB shall be considered to have submitted a false certification, subject to the sanctions prescribed under -
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(1) Sec. 1636 for investments in structured products by UBs and KBs without expanded derivatives authority, or (2) Section 37 of R.A. No. 7653 for investments in structured products by UBs and KBs with expanded derivatives authority, and for investments in credit-
linked notes and similar products and in securities overlying securitization structures by all UBs and KBs. Monetary penalties shall be reckoned from the date of the investment until the date that the erring bank shall have fully complied with the requirements under Secs. 1628, 1635, 1636 and 1648.
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Annex A
For investments in (1) structured products by UBs and KBs with expanded derivatives authority and (2) credit-linked notes and securities overlying securitization structures by all UBs and KBs
(Name of Bank) CERTIFICATION in We certify, in relation to (name of financial product) 1. (Name of Bank) on (date), s investment that
The bank is allowed to invest in the product cited above under existing rules and regulations of the Bangko Sentral ng Pilipinas and the investment was approved by the Board of Directors in its Resolution No. _____ dated _______________; and The bank has an adequate risk management system, which includes, among others, the following: a. b. c. d. e. Written policies and procedures that provide for adequate identification, measurement, monitoring and control of all risks in the investment; Pertinent risk measurement system/methodologies that effectively measure on a timely basis all risks inherent in the investment; Limit structure that addresses all risk factors and is consistent with the boardapproved risk appetite and business strategy; Internal controls; and Management information system that efficiently provides accurate and timely monitoring and reporting of risk exposures and limit compliance. Treasurer Compliance Officer
2.
President/CEO
SUBSCRIBED AND SWORN to before me this ________ day of __________________ at __________________, with affiants exhibiting to me the following Community Tax Certificate Nos. Name President/CEO Treasurer Compliance Officer Date Issued Place Issued
NOTARY PUBLIC Not. Reg. No. Doc. No. Page No.
Series of
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Annex B
For investments in structured products by UBs and KBs without expanded derivatives authority
(Name of Bank) CERTIFICATION in We certify, in relation to (name of financial product) 1. 2. on (Name of Bank (date) s investment , that
The bank is allowed to invest in the product cited above under existing rules and regulations of the Bangko Sentral ng Pilipinas; The banks investment is in compliance with the conditions set out in Circular No. 466 dated 05 January 2005, as follows: a. The revenue stream of the structured product is linked only to interest rate indices and/or foreign exchange rates other than those that involve the Philippine Peso, and that the minimum all-in return of such investments is not lower than zero. b. The contractual maturity of the instrument does not exceed 5 years. c. The product is issued by a bank or special purpose vehicle (SPV) collateralized by securities rated at least A or its equivalent by an international rating agency acceptable to the Monetary Board. d. The investment is booked in the Held to Maturity (HTM) Securities account, or for instruments with put options, in the Available for Sale (AFS) Securities account. e. The total carrying value of all the banks investments in structured products does not exceed 20% of the total investment portfolio of its EFCDU. f. The bank has established internal processes to identify, evaluate, monitor and manage the risk exposures (e.g. credit risk, market risk, liquidity risk, operational risk, legal risk, compliance risk), created by its investment in the above-cited product. Further to this: (i) The investment was specifically approved by the Board of Directors in its Resolution No. _____ dated _______________, and is subject to appropriate internal limits and periodic reporting to the Board.
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(ii)
The bank complies with generally accepted accounting and disclosure standards and/or rules and regulations prescribed by the BSP. An independent risk management function is in place. The bank has the ability to value the investments on a continuing and consistent basis and to measure its sensitivity to market movements. The risks of the investments can be accurately aggregated in risk reports on a timely basis.
(iii) (iv)
(v)
Further, we undertake to (i) (ii) Perform, at regular intervals, stress tests that reflect extreme market conditions; and Obtain, on a monthly basis, bid prices from the issuer(s) of the investment instruments, to supplement the valuation exercise in Item 2.f.iv above.
President/CEO
Treasurer
Compliance Officer
SUBSCRIBED AND SWORN to before me this day of _____________________ at ____________________, with affiants exhibiting to me the following Community Tax Certificate Nos. Name President/CEO Treasurer Compliance Officer Date Issued Place Issued
NOTARY PUBLIC Not. Reg. No. ____________________ Doc. No. ____________________ Page No. ____________________ Series of ____________________
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GUIDELINES ON THE ACCOUNTING TREATMENT FOR INVESTMENTS IN CREDIT-LINKED NOTES AND OTHER STRUCTURED PRODUCTS (Appendix to Sec. 1389) In line with the policy of promoting fairness and accuracy in reporting financial transactions, banks are enjoined to observe the following guidelines on accounting for investments in credit-linked notes (CLNs) and other structured products (SPs) in addition to those prescribed under PAS 39: CLNs and other SPs are financial instruments which consist of the host contract (e.g., debt or equity contract) and one or more embedded derivatives. Said financial instruments may be accounted for as compound financial instruments or as bifurcated financial instruments where the embedded derivatives shall be separated from the host contracts. PAS 39 provides the conditions on when the embedded derivative may be bifurcated from the host contract. Booking of CLNs and other SPs as a compound instrument 1. CLNs may be booked under the Held for Trading (HFT) or Designated at Fair Value through Profit or Loss (DFVPL) category according to intention as provided under Circular No. 494 dated 20 September 2005. 2. Other SPs, shall also be booked under the HFT or DFVPL category according to intention as provided in PAS 39. In either case, the compound instrument (host contract and embedded derivatives) shall be carried at fair value with fair value changes reflected in profit or loss. Booking of CLNs and other SPs as bifurcated financial instrument Investment in CLNs and other SPs that are not intended to be traded (i.e., not to be booked as HFT) or to be designated at fair value through profit or loss shall be accounted for as bifurcated financial instruments. Accounting for host contracts. When the embedded derivatives are bifurcated (separated) from the host contract, the host contract shall be accounted for as follows: 1. In the case of CLN, the host contract shall be booked under the Available for Sale (ASS) but not under the Held to Maturity (HTM) nor under the Unquoted Debt Securities Classified as Loans (UDSCL) category in accordance with Circular No. 494. 2. In the case of other SPs, the host contract shall be booked under the ASS, HTM or UDSCL category in accordance with X388.5. Host contracts of investments in CLNs and Other SPs shall in no case be booked under the Due from Other Banks or Interbank Loans Receivable accounts. Accounting for embedded derivatives The bifurcated embedded derivatives shall be accounted for as Derivatives Held for Trading with fair value changes reflected in profit or loss, except in cases where the bifurcated embedded derivatives are designated and effective hedging instruments, which shall be booked under the Derivatives Held for Hedging account. The following shall be observed for purposes of FRP reporting of bifurcated embedded derivatives: The entire notional amount (or leveraged notional amount in cases of leveraged exposures) of the hybrid contract
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and the corresponding positive/(negative) fair value of the embedded derivatives shall be reported in Schedule 4 (Derivatives Held for Trading Embedded Derivatives) of the FRP. In the case of CLNs and Other SPs that have more than one embedded derivatives (multiple embedded derivatives) that are required to be separated from the hybrid contract, the entire notional amount (or leveraged notional amount in cases of leveraged exposures) of the hybrid contract and the corresponding positive/(negative) fair value of the embedded derivatives shall be reported in Schedule 4 (Derivatives Held for Trading Embedded Derivatives) of the FRP for each type of bifurcated derivatives. Generally, multiple embedded derivatives in a single instrument are treated as a single compound embedded derivative. However, embedded derivatives that are classified as equity are accounted for separately from those classified as assets or liabilities. In addition, if an instrument has more than one embedded derivatives and those derivatives relate to different risk exposures and are readily separable and independent of each other, they are accounted for separately from each other.
Marking to market guidance In addition to the marking to market guidelines provided under PAS 39, banks should likewise consider apart from the carrying amount of the host contract the notional amount (or leveraged notional amount in cases of leveraged exposures) of embedded derivatives in marking to market the hybrid financial instrument. For this purpose, the term CLN shall include similar instruments such as credit linked deposits (CLDs) and credit linked loans (CLLs) where the repayment of the principal to the note holder is contingent upon the occurrence of a defined credit event. On the other hand, other SPs (as defined under X625.2) shall refer to a financial instrument where the total return is a function of one or more underlying indices, such as interest rates, equities and exchange rates. It is composed of a host contract (e.g., plain vanilla debt or equity securities) and an embedded derivative (e.g., swaps, forwards or options) that re-shape the risk-return pattern of the hybrid instrument. The term SP does not include asset-backed securities.
(M-2008-010 dated 07 March 2008)
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THE GUIDELINES FOR THE IMPOSITION OF MONETARY PENALTY FOR VIOLATIONS/OFFENSES WITH SANCTIONS FALLING UNDER SECTION 37 OF R.A. NO. 7653 ON BANKS, DIRECTORS AND/OR OFFICERS
(Appendix to Secs. X199, X299, X399, X499, X599, X699, X799, X899, X999, Circular No. 645 dated 13 February 2009) The schedule of penalty, categorized based on: (1) the nature of offenses such as minor, less serious, and/or serious, and (2) the asset size of the bank, shall be as follows: A. For Serious Offense
Asset Size Up to Penalty P200.0 Range million Minimum Medium Maximum Above P200.0 Above P500.0 Above P1.0 Billion Above P10.0 Above million but million but but not Billion but P50.0 not exceeding not exceeding exceeding not exceeding Billion P500.0 million P1.0 Billion P10.0 Billion P50.0 Billion P 500 P 1,000 P 3,000 P 10,000 P 18,000 P 25,000 750 1,500 5,000 12,500 20,000 27,500 1,000 2,000 7,000 15,000 22,000 30,000
B. For Less Serious Offense

Asset Size Up to Above P200.0 Above P500.0 Above P1.0 Billion Penalty P200.0 million but million but but not Range million not exceeding not exceeding exceeding P500.0 million P1.0 Billion P10.0 Billion Minimum P 300 P 600 P 1,000 P 3,000 Medium 350 700 1,250 4,000 Maximum 400 800 1,500 5,000 Above P10.0 Above Billion but P50.0 not exceeding Billion P50.0 Billion P 7,000 P 15,000 8,500 17,500 10,000 20,000
C. For Minor Offense

Asset Size Up to Penalty P200.0 Range million Minimum P 150 Medium 200 Maximum 250 Above P200.0 Above P500.0 Above P1.0 Billion Above P10.0 Above million but million but but not Billion but P50.0 not exceeding not exceeding exceeding not exceeding Billion P500.0 million P1.0 Billion P10.0 Billion P50.0 Billion P 300 P 600 P 1,000 P 3,000 P 6,000 400 700 1,500 4,000 8,000 500 800 2,000 5,000 10,000
For purposes of this Regulation, the following definition of terms shall mean: 1. Serious Offense - This refers to unsafe or unsound banking practice. An unsafe or unsound practice is one (1) in which there has been some conduct, whether act or omission, which is contrary to accepted standards of prudent banking operation and may result to the exposure of the bank and its shareholders to abnormal risk or loss.
(a) In determining the acts or omissions included under the unsafe or unsound banking practice, an analysis of the impact thereof on the banks/quasibanks/trust entities operations and financial condition must be undertaken, including evaluation of capital position, asset condition, management, earnings posture and liquidity position. The following circumstances shall be considered: (b) The act or omission has resulted or may result in material loss or damage, or
APP. 67 09.12.31
abnormal risk or danger to the safety, stability, liquidity or solvency of the institution; (c) The act or omission has resulted or may result in material loss or damage or abnormal risk to the institutions depositors, creditors, investors, stockholders or to the Bangko Sentral or to the public in general; (d) The act or omission has caused any undue injury, or has given unwarranted benefits, advantage or preference to the bank or any party in the discharge by the director or officer of his duties and responsibilities through manifest partiality, evident bad faith or gross inexcusable negligence; or (e) The act or omission involves entering into any contract or transaction manifestly and grossly disadvantageous to the bank, QB or trust entity, whether or not the director or officer profited or will profit thereby. Certain acts or omissions as falling under this classification maybe determined based on the guidelines provided under Appendix 48. 2. Less Serious Offense - These include major acts or omissions defined as bank/individuals failure to comply with the requirements of banking laws, rules and regulations, provisions of Manual of Regulations (MOR)/Circulars/ Memorandum as well as Monetary Board directives/instructions having material1/ impact on Banks solvency, liquidity or profitability and/or those violations classified as major offenses under the Report of Examination, except those classified under unsafe or unsound banking practice. 3. Minor Offense - These include acts or omissions which are procedural in
nature, can be corrected immediately and do not have material impact on the solvency, liquidity and profitability of the Bank. All other acts or omissions that cannot be classified under the major offenses/violations will be classified under this category. 4. Minimum refers to the range of penalties to be imposed if the mitigating factor(s) outweigh the aggravating circumstances. 5. Medium refers to the penalty to be imposed in the absence of any mitigating and aggravating circumstances or if the mitigating factor(s) offset the aggravating factor(s). 6. Maximum refers to the penalty to be imposed if the aggravating circumstances outweigh the mitigating factor(s). In determining the amount of penalty, a two-stage assessment shall be conducted as follows: Step 1: Determine the nature of offense whether it is: (a) Serious; (b) Less Serious; or (c) Minor Offense; and Step 2: Determine whether there are aggravating and/or mitigating factors (as listed and defined in Annex A). Both the aggravating and mitigating factors shall be considered for initial penalty imposition and subsequent requests for reconsideration thereto. The foregoing monetary penalties shall be without prejudice to the imposition of non-monetary sanctions, if and when deemed applicable by the Monetary Board. Violations of banking laws and Bangko Sentral regulations with specific penal clause are not covered by this Regulation.
SFAS/IAS defines materiality as any information, which if omitted or misstated, could influence the economic decisions of users taken on the basis of the financial statements. Per Financial Accounting Standard Board (FASB), it is defined as the magnitude of an omission or misstatement of accounting information xxx.
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Annex A Aggravating and Mitigating Factors to be Considered in the Imposition of Penalty 1. Aggravating Factors (a) Frequency of the commission of specific violation. This pertains to commission or omission of a specific offense involving either the same or different transaction. This will also refer to a violation which may have been corrected in the past but found repeated in another transaction/account in the subsequent examination. In determining frequency, the number of times of commission or omission of a specific offense during the preceding three (3) - year period shall also be considered. The word offense pertains to a violation that connotes infraction of existing BSP rules and regulations as well as non-compliance with BSP/MB directives. (b) Duration of violations prior to notification. This pertains to the length of time prior to the latest notification on the violation. Violations that have been existing for a long time before it was revealed/ discovered in the regular examination or are under evaluation for a long time due to pending requests or correspondences from banks on whether a violation has actually occurred shall be dealt with through this criterion. Violations outstanding for more than one (1) year prior to notification, at the minimum, will qualify as violations outstanding for a long time. (c) Continuation of offense or omission after notification. This pertains to the persistence of an act or offense after the latest notification on the existence of the violation, either from the appropriate department of the SES or from the Monetary Board and/or Deputy Governor, in cases where the violation has been elevated accordingly. This covers the period after the final notification of the existence of the violation until such time that the violation has been corrected and/or remedied. The corrective action shall be reckoned with from the date of notification. (d) Concealment. This factor pertains to the cover up of a violation. In evaluating this factor, one shall consider the intention of the party(ies) involved and whether pecuniary benefit may accrue accordingly. Intention precedes concealment. The act of concealing an offense or omission carries with it the intention to defraud regulators. Moreover, the amount of pecuniary benefit, which may or may not accrue from the offense or omission, shall also be considered under this factor. Concealment may be apparent in cases when bank officers purposely complicates the transaction to make it difficult to uncover or refuse to provide information/ documents that would support the violation/offense committed. Inasmuch as concealment and intention are speculative matters and may be difficult to establish, appropriate support of facts or circumstantial evidence in this factor shall be considered. (e) Loss or risk of loss to bank. In assessing this factor, potential loss refers to any time at which the bank was in danger of sustaining a loss. Substantial actual loss. The Bank has been exposed to a significant loss of earnings and capital. The volume of accounts involved in the loss is substantial/ significant in relation to the institutions assets and capital. The bank/individual may have substantial/serious violations that could impact the reputation and earnings of the bank. Minimal actual loss or substantial risk of loss. The Bank has incurred minimal loss or will be exposed to substantial risk of loss of earnings or capital although both do not materially impact financial condition.The volume of accounts involved for minimal loss or substantial risk of loss is reasonable
APP. 67 09.12.31
and manageable. While a loss was incurred, the bank could absorb the loss in the normal course of business. Substantial risk of loss includes any potential losses the aggregate of which amounts to at least one percent (1%) of the capital of the bank1/. Minimal risk of loss. The risk exposure on earnings or capital is minimal. Bank is not vulnerable to significant loss. The volume of accounts involved for potential loss/risk is minimal/negligible. The risk of loss would have little impact on the bank or its financial condition. The risk of loss aggregating to less than one percent (1%) of the capital of the bank will fall under this classification. (f) Impact to bank/banking industry. In assessing this factor, it is appropriate to consider any possible negative impact or harm to the bank. (e.g. A violation of law involving insider abuse may result in adverse publicity for the institution, possibly causing a run on deposits and affecting the banks liquidity). Resulting effect on the banking industry on the violation/offenses committed by the bank, if any, will also be considered. Sources of data may come from news reports. Substantial impact on bank. No impact on banking industry. This may involve reputational risk of the bank as a result of negative publicity generated for example, by involvement of banks director/officer in activities not acceptable to the regulatory bodies, e.g. pyramiding, investment scams etc. This may also involve insider abuse of authority/power. However, the banking industry is not affected for this isolated case. Moderate impact on banking industry or on public perception of banking industry. This may involve poor corporate governance and mismanagement of bank that may result to erosion of public confidence leading to bank run in various branches. This may also trigger a bank run in other subsidiaries.
1/
Substantial impact on banking industry or on public perception of banking industry. This is a worst-case scenario. The violations/irregular activities of the bank may totally erode the trust and confidence of the banking public resulting to a nationwide bank run. Pessimistic perception of the banking public on the banking industry is highly observed. 2. Mitigating Factors (a) Good faith. Good faith is the absence of intention of the of the erring individual/ entity in the commission of a violation. Full cooperation. This is determined by the actions of the individual and/or bank towards the regulators after or even before notification of the offense and/or omission. Assistance rendered by the Bank during the investigation and/or examination conducted relative to the cited offense and/ or omission may be viewed favorably when computing the amount of penalty to be imposed on the Bank/individual. With positive measures/action undertaken although not corrected immediately. The bank is willing to remedy/ correct the violation but is being restrained of its capacity to take immediate action thus, will undertake a Memorandum of Undertaking/Commitment for a specified period as a sign of good faith. The bank has started to rectify the infraction by instituting reforms in their operations or systems. Voluntay disclosure of offense. Voluntary disclosure of the bank of the offense committed before it is discovered by BSP examiners in the regular/special examination or in the supervisory work (e.g. submission of reports to the BSP disclosing the violation committed by the bank based on the internal auditor's findings) may be considered as the highest level of mitigation under this factor. The burden of proof, however, falls on the bank/individual to support its/his/her claim of good faith and may be used as basis to mitigate the amount of penalty that may be imposed.
Circular 410 dated 29 October 2003 provides that external auditors of banks must report to BSP, among others, any potential losses the aggregate of which amounts to at least one percent (1%) of the capital to enable the BSP to take timely and appropriate remedial action.
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IMPLEMENTATION OF THE DELIVERY BY THE SELLER OF SECURITIES TO THE BUYER OR TO HIS DESIGNATED THIRD PARTY CUSTODIAN
(Appendix to Sec. X441 and Subsecs. X235.5 & X238.1) Section 1. Statement of Policy. Pursuant to the policy of the BSP to promote the protection of investors in order to gain their confidence in the securities market [as enunciated under Circular Nos. 392 and 428 dated 23 July 2003 and 27 April 2004,] respectively, the following rules/ guidelines shall be observed by banks and NBFI under BSP supervision in their dealings in securities whether they are acting as seller, buyer, agent or custodian. The disposition of compliance issues of this Appendix is shown in Appendix 68a. The guidelines on the delivery of government securities by the selling bank to an investors Principal Securities Account with the RoSS through the Client Interface System facility are in Appendix 68b. Sec. 2. Distinction Between a Custodian and a Registry. A securities custodian is a BSP-accredited bank under BSP supervision that is authorized to engage in investment management (for banks with quasi-banking authority only) or trust business and is designated by the investor to perform the functions of safekeeping, holding title to the securities in a nominee capacity, reports rendition, mark-tomarket valuation, collection and payment of dividends, interest earnings or proceeds from the sale/redemption/maturity of securities held under custodianship and representation of clients in corporate actions. It may also perform the value added service of securities lending as agent, subject to the conditions specified under Subsec. X441.6. Sec. 3. Registry of Scripless Securities of the Bureau of Treasury. The Bureau of Treasury, as operator of the RoSS, which serves as the official registry for government securities, is not subject to BSP accreditation and is exempted from the independence requirement under the existing BSP regulations. Sec. 4. Delivery of Securities. Pursuant to existing BSP regulations, securities sold on a without recourse basis shall be delivered by the seller to the purchaser, or to his designated BSP-accredited custodian which must not be a subsidiary or affiliate of the issuer or seller. Sec. 5. Mode of Delivery. If the securities sold are certificated, delivery shall be effected physically to the purchaser, or to his designated BSP-accredited custodian. The certificate must be transferred to and registered under the name of the purchaser and properly recorded in the registry book. On the other hand, delivery of immobilized or dematerialized securities shall be effected by means of book entry transfer to the appropriate securities account of either: (1) the purchaser in a registry of said securities; or (2) the purchasers designated custodian in a registry of said securities. Book-entry transfer to a sub-account for clients under the primary account of the seller will not be deemed compliant with this requirement. The delivery must be supported by a confirmation of book-entry transfer to be issued by the securities registry in case of name on registry or by a confirmation receipt to be issued by the
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custodian in case of delivery to the purchasers designated custodian. Sec. 6. Client Information. Selling or dealing banks shall inform their clients of the requirements under Secs. 3 and 4 above, together with the complete list of all BSPaccredited custodians. The selling or dealing bank or NBFI must inform their clients that the choice of custodian is the sole prerogative of the securities purchaser. The seller or dealer may, however, indicate to their clients their preferred custodian. Attached as Annex A is a suggested template of the letter to the client. Sec. 7. Custodianship Agreement . The securities owner/purchaser shall enter into a custodianship agreement with a BSPaccredited third-party custodian of his choice. However, the securities purchasers/owners may designate/appoint through a special power of attorney (SPA) a representative or agent for the purpose of opening and maintaining an account with the BSP-accredited third-party custodian: Provided, That if the securities seller or dealer is appointed as an agent, its authority shall be limited to the opening of the custodianship account and the execution of trade transactions (i.e. buying and selling instructions including relaying of instructions to the custodian to receive or deliver securities in order to consummate the buy/sell transactions). It shall be the responsibility of the custodian to protect the interest of the client by ensuring that the agent is acting within the scope of his authority. Sec. 8. Authority of the Securities Owner/ Purchaser to Revoke Special Power of Attorney (SPA). Whenever a securities owner/purchaser executes an SPA designating/appointing an agent to open and maintain a custodianship account with a
BSP-accredited third party custodian pursuant to Sec. 6 above, said SPA shall clearly stipulate that the appointment of the agent is revocable at the instance of the securities owner/purchaser or his agent. Any revocation by either party shall be made in writing and must be given to the other party and to the custodian. The custodian is hereby enjoined to acknowledge and respect said right of the client. It is, however, understood that the revocation of the SPA shall be without prejudice to any transaction executed by the agent or custodian prior to said partys knowledge of the revocation. Upon revocation of the SPA, the custodian shall deal directly with the securities owner or his newly appointed agent. However, the custodian has the right to impose additional reasonable conditions similar to those being imposed on separate custody accounts maintained directly by individual or corporate clients. Sec. 9. Reports of the Custodian. Periodic reports of the custodian on account balances shall be rendered at least quarterly and shall reflect the mark-to-market valuation of the security in accordance with existing BSP regulations. It shall be delivered, mailed or electronically transmitted directly to the securities owner unless the securities owner gives a written request or instruction directly to the custodian to deliver said reports to a person/entity named therein. Said request/instruction of the securities owner shall indicate that he is appointing an agent/ representative for the purpose, notwithstanding contrary advice of the BSP. Aside from the periodic reports, the custodian shall also issue confirmation of transfers of ownership as they occur in either electronic or printed form delivered directly to the securities owner, unless the securities owner gives a written request
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or instruction directly to the custodian to deliver the confirmation reports to a person/entity named therein. Sec. 10. Right of the Securities Owner to Sell his Securities. Subject to the requirements of existing laws and regulations, securities owners shall have the right to choose the best buyers of his securities in the secondary market, without limiting himself to the original selling or dealing bank that he transacted with. The securities seller or dealer shall not impose any condition that will impair this right of the securities owner or leave him no alternative except to sell his securities exclusively to the selling or dealing bank. Sec. 11. Undelivered Securities. In cases where banks or NBFIs under BSP supervision maintain custody of securities which were sold prior to the effectivity of Circular No. 457 dated 14 October 2004 to clients who are unable or unwilling to take delivery of said securities pursuant to the provisions of Circular No. 392 dated 23 July 2003 but who declined to deliver their existing securities to a BSP-accredited third party custodian, said banks/FIs shall: a. report on a quarterly basis to the appropriate department of the SES the volume of said securities broken down into maturity dates, type of security, ISIN or applicable certificate or reference number, and registry; and b. ensure that said securities under custody are segregated from their proprietary holdings. Sec. 12. Compliance with the Anti-Money Laundering Act of 2001. For purposes of compliance with the requirements of R.A. No. 9160, otherwise known as the Anti-Money Laundering Act of 2001, as
amended, particularly the provisions regarding customer identification, recordkeeping and reporting of suspicious transactions, a BSP-accredited custodian may rely on referral by the seller/issuer of securities, in lieu of the face-to-face contact with client, subject to the following conditions: a. the seller/issuer is also a covered institution; b. the seller/issuer certifies to the custodian that it has performed its own KYC screening on the client; c. the custodian has unchallenged access to the KYC records/documents of the referring seller/issuer pertaining to the referral client; d. the custodian maintains a record of the referral together with the minimum information/documents required under the law and its implementing rules and regulations; and e. the seller/issuer must provide the custodian with the following minimum information/documents: For individual clients: 1. Name; 2. Present address; 3. Permanent address; 4. Date and place of birth; 5. Nationality; 6. Nature of work and name of employer or nature of self-employment/business; 7. Contact numbers; 8. Tax identification number, SSS number or GSIS number; 9. Specimen signature; and 10. Source of fund(s); For corporate clients: 1. Articles of Incorporation/ Partnership; 2. By-laws; 3. Official address or principal business address; 4. List of directors/partners;
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5. List of principal stockholders owning at least two percent (2%) of the capital stock; 6. Contact numbers; 7. Beneficial owners, if any; 8. Authorized signatories; 9. Board/Partnership Resolution on the authority of the signatories; and 10. Verification of the identification and authority of the person purporting to act on behalf of the client. Sec. 13. Safekeeping of Customers Identification Documents. The BSP accredited third-party custodian may entrust to the referring seller/dealer the safekeeping and maintenance of the customer identification documents supporting its KYC certification: Provided,
That: a. The BSP accredited custodian has received a certification from the seller/ dealer that it has in its possession all required KYC documents and the custodian shall maintain a list of such documents; b. The accredited custodian shall have unhampered access to the KYC documents for its own verification; and c. KYC or customer identification documents shall be made available to regulators for verification upon request. Notwithstanding Secs. 12 and 13, the custodian is not precluded from conducting its own KYC activities and maintaining direct custody of the KYC documents of its clients.
(Circular No. 524 dated 31 March 2006 and as amended by Circular No. 714 dated 10 March 2011, M-2007-002 dated 23 January 2007)
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Annex A TEMPLATE OF LETTER TO INVESTOR Dear Investor: We wish to inform you that the Bangko Sentral ng Pilipinas (BSP), in July of 2003 issued Circular No. 392, Series of 2003, which requires all securities sold by banks on a without recourse basis (i.e. the bank has no liability to the buyer of securities in paying the obligation due on the security) to be delivered to the buyer/purchaser of securities through any of the following means: (a) If the security is evidenced by a certificate of indebtedness, the certificate must be transferred in the name of the purchaser/buyer and physically delivered to the purchaser/buyer or to his designated BSP-accredited third party custodian. (b) If the security is immobilized or dematerialized (i.e., that the security is not evidenced by a certificate of indebtedness and instead security account is created in the electronic books of the registry in the name of the purchaser/ buyer or his designated custodian): i. The security must be delivered by book-entry transfer to the appropriate securities account of the buyer in the registry of said securities which must be evidenced by a confirmation in writing by the registrar to the buyer. The confirmation of sale or document of conveyance shall be physically delivered by the seller or dealer to the buyer, or The security must be delivered by book-entry transfer to the appropriate securities account of the BSP-accredited third party custodian designated by the buyer/purchaser in the registry of said securities which must be evidenced by a confirmation in writing by the registrar to the said BSPaccredited third party custodian, who shall in turn issue to the securities owner a delivery receipt acknowledging receipt of the securities
ii.
Circular No. 392 is part of a package of reforms to support the development of the domestic capital market through enhanced investor protection and greater market transparency. It provides for a more defined role and responsibilities for the custodians and registrars and a stricter supervision and regulation thereof by the BSP. It aims to provide the client with the following benefits: a. b. c. d. Full control and possession of the securities purchased; Independent validation of the existence of securities purchased; Regular reporting of securities holdings; and Capability to choose most competitive counter-parties in case of sale, pledge, transfer, and lending of securities.
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Moreover, Circular No. 392, which amends CBP Circular 437-74, seeks to address the changes in the legal framework brought by the developments in the market, i.e., where purchase of securities may be evidenced not only by transfer of certificates but also by electronic book-entry transfer of ownership in the books of the registrar for said security. As an investor, therefore, of securities which is dematerialized or scripless, you have the option to require your dealer/broker to deliver the securities to you by requiring them to have the securities registered directly in your name in the registry of said securities or by requiring them to have the securities registered in the name of the BSP accredited third party custodian of your choice who in turn will credit your securities account with them. The registry is a BSP-accredited bank or non-bank financial institution (NBFI) designated or appointed by the Issuer to (1) maintain the securities registry book; (2) record the (a) issuance of the securities and (b) subsequent transfers of ownership thereof; and (3) issue registry confirmation to the buyers/holders of security. The custodian, on the other hand, is a BSP-accredited bank or NBFI designated by the investor to safekeep the security by allowing it to hold title to the security, either in a nominee or trustee capacity, to enable it to perform the following administrative functions/ services related to investing in a security or various securities: i) Mark to market valuation of security that will enable the client to know the value of his investment at any period in time; ii) compute and collect the interest due on the security; iii) render statements on outstanding securities under safekeeping; iv) represents the client (per its instruction) in the events of default or breach of contract of the issuer; and v) lend the security of the clients as agent that will enable the client to earn additional income on the security. The registrars and custodians underwent a rigorous evaluation process by the BSP to determine whether they have the following: i) adequate capital to cover for potential operating risks related to performing its custody functions; ii) competent management team to manage the company with responsibility and proper corporate ethics; iii) robust technology system to operate the custody business efficiently; and iv) favorable track record or significant experience in the custody business or related business. They will also undergo regular audit by the BSP to ensure that they comply with BSP rules and regulations and will be subject to penalties and administrative sanctions for any violation thereof. As of date, BSP has accredited the following registrars and custodians: Bank of the Philippine Islands, CITIBANK N.A., Deutsche Bank, Hongkong and Shanghai Banking Corporation, Philippine Depository and Trust Corporation, and Standard Chartered Bank. The Registry of Scripless Securities (RoSS) operated by the Bureau of Treasury (BTR) which is acting as a registry for government securities, is automatically accredited as securities registry. However, the BTR, as registry, cannot act as custodian of government securities pursuant to the opinion of the Secretary of Justice rendered on 17 January 2005 due to irreconcilable conflict of loyalties that is anathema to agency if the same institution were to act as registrar and custodian at the same time.
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The custodian shall render periodic reports on your account balances on a quarterly basis, or at such interval as you may require. Moreover, the custodian shall issue to you a confirmation of any transfer of ownership as it occurs, in either electronic or printed forms. Said reports shall be delivered/mailed directly at your address unless you give a written instruction directly to the custodian to deliver the said reports to your designated person/ entity. You are, however, required to acknowledge in the written instruction that you are designating another person/entity to receive the periodic reports from the custodian, notwithstanding contrary advice of the BSP. Please note that the abovementioned arrangements may change once the BSP issues more detailed implementing rules and guidelines to the abovementioned circulars. We will update you if and when these developments occur. Please fill up and sign the required documentation of your chosen custodian and we will forward the same to them so that your securities account can be opened as soon as possible. You may, however, designate/appoint an agent for this purpose. In either case, the custody arrangement may or may not entail additional fees. If you have any further questions, please call us so that we can refer the matter to the appropriate custodian/registrar. Very truly yours,
(Circular No. 524 dated 31 March 2006 and as amended by M-2007-002 dated 23 January 2007)
APP. 68a 08.12.31
DISPOSITION OF COMPLIANCE ISSUES ON APPENDIX 68

(Appendix to Sec. X441 and Subsecs. X235.5 & X238.1) A. The Monetary Board, in its Resolution No. 581 dated 5 May 2006 approved a thirty (30) calendar day period from 05 June 2006 within which banks/non-banks will effect revisions to non-conforming SPAs issued by investor-clients to strictly conform to the limited authority provisions of Section 7 of Appendix 68, subject to the following conditions: 1. The clean-up of SPAs will cover those issued by clients prior to Circular No. 524 dated 31 March 2006; 2. Custodians will allow transfers of securities from proprietary accounts of dealers to their omnibus principal custody accounts within the period; 3. There will be no penalties imposed for dealer-banks and accredited securities custodians that allowed non-compliant SPAs prior to Circular No. 524 dated 31 March 2006 or those issued under Circular Letter dated 4 August 2005 if corrected within the thirty (30)-day period; and 4. Non-compliance with other provisions of Appendix 68 are not covered/ qualified to be corrected within the thirty (30)-day period and are therefore subject to the usual penalty/sanctions under existing regulations. B. The Monetary Board, in its Resolution No. 876 dated 06 July 2006 approved the following disposition of compliance issues for the period of 05 July 2006 - 04 August 2006: 1. The sending by a dealing bank to all its clients of: (a) a notice indicating a limitation on the authority of the dealing bank pursuant to Section 7 of Appendix 68; and (b) compliant SPA for execution will be deemed substantial compliance only as of 05 July 2006. Proof thereof should be preserved for examination purposes. 2. Custodians will be deemed in substantial compliance as of 05 July 2006 if they have obtained confirmation from the
dealing banks that notifications on the limitation of the dealing banks authority, together with a compliant SPA for the clients signature, have been sent to all their clients. Absent confirmation from the dealing bank of the sending of notices and the revised SPA, the custodian should immediately freeze (i.e., no new movements in the security, except sale or disposition thereof) the account to be considered in substantial compliance. 3. Absent a compliant SPA, the dealing bank and custodian should freeze the account of the client. Accordingly, if a client wants to transact with securities, the dealing bank must require the submission of an executed compliant SPA before any new transaction can be entered into. Otherwise, the dealing bank will be subject to the appropriate penalties prescribed under Subsec. X441.29. However, for the period of 05 July 2006 - 04 August 2006, transactions by the dealing bank with its clients, absent a compliant SPA but to which an advice on the limitation of the authority of the dealing bank and a compliant SPA for signature have been sent, will be subject to a fine of P10,000.00 per transaction/day: Provided, That the total penalty arising from that class of violation for the said period shall not exceed P100,000.00, computed in accordance with Section 37 of R.A. No. 7653 (The New Central Bank Act). Furthermore, the Custodian will not be subject to any penalties for accepting securities subject of the transaction. 4. Starting on 05 August 2006, the penalties under Subsec. X441.29 shall be applied for any violation of the provisions of Appendix 68 . Custodians shall be required to freeze the securities account for those without a compliant SPA from the investor.
(M-2006-009 dated 06 July 2006 and M-2006-002 dated 05 June 2006)
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DELIVERY OF GOVERNMENT SECURITIES TO THE INVESTORS PRINCIPAL SECURITIES ACCOUNT WITH THE REGISTRY OF SCRIPLESS SECURITIES
(Appendix to Sec. X441, and Subsecs. X235.5 and X238.1) The following are the guidelines on the delivery of government securities by the selling bank and/or NBFI under the supervision of the BSP to an investors Principal Securities Account with the Registry of Scripless Securities (RoSS) through the Client Interface System facility as compliance with the requirement of effective delivery under Sec. X441 and Subsecs. X235.5, X238.1, X238.3 and X441.12: (a) Banks/NBFIs, acting either as accredited government securities eligible dealers (GSEDs) or licensed government securities dealers, shall execute the attached Memorandum of Agreement (MOA) with the BTr regarding the creation of the Principal Securities Account with the RoSS on or before 31 January 2007. The MOA between the BTr and the GSED is attached as Annex A. (b) If the dealing bank/NBFI is designated as the agent of the client/investor, the authority of the dealing bank/NBFI under the Special Power of Attorney (SPA) executed by the client/investor shall be limited to the opening of the Principal Securities Account with the RoSS and the execution of trade transactions (i.e., buying and selling instructions, including relaying of instructions to the BTr, as operator of the RoSS, to receive and deliver securities in order to consummate the buy/sell transaction). (c) Banks/NBFIs shall require their clients/investors who have manifested the desire to have their own Principal Securities Account with the RoSS to execute (1) an SPA pursuant to Sec. X441 and Subsecs. X235.5, X238.1 and X238.3 and (2) the revised Investors Undertaking (attached as Annex B) on or before 28 February 2007. (d) Absent a compliant Investors Undertaking and SPA as of 01 March 2007, the dealing bank/NBFI should freeze the account of the client/investor (i.e., no new movements in the account, except sale/ disposition upon written instruction by the client/investor): Provided, That starting 01 March 2007 no new Investors Principal Securities Account shall be created unless the investor submits a compliant Investors Undertaking and SPA. Otherwise, the dealing bank/NBFI will be subject to the appropriate penalties prescribed under Sec. X441 and Subsecs. X235.5, X238.1, X238.3 and X441.12. (e) The sub-accounts in the RoSS maintained by dealing banks/NBFI for their client/investor who either (1) declined in writing the delivery of his/its securities to a direct registry account under his/its name or a third-party custodian or (2) have not responded to the dealers letter to the client/investor as regards the disposition of his/its securities shall be frozen. However, sale/disposition of securities in the sub-accounts shall be allowed upon written instruction by the client/investor to dispose the same: Provided, That in case of a client/investor who as of 04 November 2004 has not responded to the dealers letter regarding the disposition of his/its securities, the dealer should be able to obtain from the said client/investor the written instruction regarding the client/ investors inability to take delivery of existing securities. For clarity, the subaccounts maintained by the dealing banks/ NBFIs shall not be considered a violation of Subsecs. X235.5, X238.1, X238.3 and X441.12: Provided, That (1) the same were created on or before 04 November 2004; and (2) no additional securities have been lodged thereon since 04 November 2004.
(M-2007-002 dated 23 January 2007)
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Annex A MEMORANDUM OF AGREEMENT KNOW ALL MEN BY THESE PRESENTS: This agreement made and entered into this _________________, Philippines by and between: The BUREAU OF THE TREASURY, a duly constituted government bureau under the Department of Finance, Republic of the Philippines, with principal office at Palacio del Gobernador Building, Gen. Luna corner A. Soriano Avenue, Intramuros, Manila, represented herein by the Treasurer of the Philippines, _________________________, and hereinafter referred to as BTr; -and, a domestic/ international banking/financial institution organized and existing pursuant to the laws of the Republic of the Philippines/(country of incorporation), duly licensed by the Securities and Exchange Commission (SEC) to deal in securities, represented herein by in her/his capacity as ____________________________, and hereinafter referred to as the Dealer; (the BTr and the Dealer may be referred to as a Party in the singular tense, as Parties in the plural/collective tense) WITNESSETH: THAT WHEREAS, the Registry of Scripless Securities (RoSS) is the official registry of government securities issued by the National Government through the Bureau of the Treasury; WHEREAS, the RoSS is an electronic registry of recording ownership of or interest in and transfers of government securities; WHEREAS, the delivery of government securities sold by the Dealer, on a without recourse basis, to the investors Principal Securities Account with the RoSS through the Client Interface System (CIS) Facility shall be sufficient compliance with the delivery requirement under Subsec. X238.1, of the Bangko Sentral ng Pilipinas (BSP) Manual of Regulations for Banks (MORB) and Circular No. 524 dated 31 March 2006. WHEREAS, the Dealer is a government securities eligible dealer, accredited by the BTr to participate in the primary auction of government securities pursuant to Finance at
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Department Order No. 141-95, as amended, and/or a bank/financial institution licensed by the SEC to deal in government securities in the secondary market; WHEREAS, investors of government securities purchase/trade the same in the secondary market through any of the dealers; WHEREAS, recording of ownership of, or interest in government securities requires the creation/opening of a Principal Securities Account with the RoSS through the CIS Facility; WHEREAS, to promote transparency, investor confidence and deepening of the government bond market, investors must be given adequate assistance in the opening/ creation of his/its Principal Securities Account with the RoSS (Name-on- Registry); NOW, THEREFORE, in view of the foregoing premises and the mutual covenants hereinafter provided, the parties hereby agree as follows: Section 1. Obligations of BTr. The BTr shall: 1. Receive instruction from the Dealer through the RoSS-CIS for the creation/ opening of the Principal Securities Account, as indicated in the Special Power of Attorney executed by the investor in favor of the Dealer for that purpose; 2. Create/open in the RoSS a Principal Securities Account for the requesting investor of scripless government securities through which all transactions affecting said securities will be recorded; 3. Provide and forward to the investor an electronic confirmation of his/its RoSS Principal Securities Account Number and notices and statements of account under any of the modes indicated in the Investors Oath of Undertaking submitted to the BTr; 4. On relevant coupon/maturity payment dates and for payments made through the BSP, instruct the BSP to credit the regular demand deposit account (DDA) of the investors settlement bank: Provided, That if the coupon/maturity payment date falls on a Saturday, Sunday, or Holiday or on a day during which business operations of the BTr is suspended, payment/s shall be made by the BTr on the next business day, without adjustment in the amount of interest to be paid. 5. Ensure that all government securities bought by investors from the Dealer are accurately recorded under the investors Principal Securities Account or to the Securities Custody Account of the investors designated third-party custodian. 6. Furnish the investor with Statement(s) of Securities Account, at least quarterly and whenever there is a movement in the investors Principal Securities Account, through the investors preferred mode of receipt of notice and/or statement;
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7. Consistent with BTr Memoranda dated 28 December 2005, 12 January 2006 and 31 January 2006 and applicable BSP regulations, disallow any increase in the holdings of beneficial owners of securities recorded in the sub-account of the Dealer, if any, existing as of 02 February 2006, for beneficial owners of securities who have either (a) declined in writing the delivery of his/its securities to a direct registry account under his or its name or a third-party custodian or (b) not responded to the Dealers letter to the investor as regards the disposition of his/its securities. Any withdrawal or sale of the securities, either partial or total, under the sub-account of the Dealer for the beneficial owners may only be allowed if the Dealer is authorized in writing by the client/Investor. Such written authority shall be furnished by the Dealer to the BTr prior to the execution of the transaction. Sec. 2. Obligations of the Dealer The Dealer shall: 1. Assist the investor to open his/its individual Principal Securities Account (NameOn-Registry) with the RoSS through the CIS facility; 2. Conduct the Know your Client (KYC) screening of its investors/clients referred to the BTr for the creation of the Principal Securities Account (Name-On-Registry) with the RoSS. In this connection it shall: (a) issue a certification to the BTr that it has conducted the necessary KYC screening; (b) maintain client identification records; (c) report any suspicious transaction in accordance with the provisions of R.A. No. 9160, otherwise known as the Anti-Money Laundering Act of 2001, as amended, and its implementing rules and regulations; and whenever necessary, (d) afford BTr unchallenged access to said KYC records/documents. The same KYC or customer identification documents shall likewise be made available to regulators for verification upon request. 3. Transmit the investors instructions to the RoSS for the creation/opening of a Principal Securities Account. For this purpose, the Dealer shall submit and/or inform the investor to submit to the BTr his/her settlement account maintained in a settlement bank of his/her choice, through which all relevant payments on the securities will be made by the BTr; 4. Upon the creation of the investors Principal Securities Account with the BTrs RoSS to which the securities subject of a sale will be credited, immediately furnish the investor with the BTrs electronic confirmation of its creation. The Dealer shall also provide to the investor the BTr electronic confirmation that includes a statement on the credited amount of securities; 5. Ensure that Special Power of Attorney (SPA) executed by client investors in their favor as agents of the former be limited, pursuant to BSP Circular No. 524; 6. Ensure that all government securities sold to investors are delivered to their appropriate Principal Securities Account with the RoSS, or to the account of the investors designated custodian;
APP. 68b 08.12.31
7. Undertake not to misuse the investors RoSS Account No., which may come into its possession upon the creation of a Principal Securities Account for the investor or on previous transactions with the investor; 8. Acquaint/apprise investors on the rules and procedure prescribed by the BTr in connection with investment and trading of scripless government securities, including but not limited to coupon payment, redemption value/proceeds of the investors securities, legal encumbrances, and other relevant information relative to investors security holdings. As a minimum, investors must be apprised of the Revised RoSS Procedure on Buy and Sell of Securities and recording of transfers through the RoSS-CIS facility found in the BTr website, with particular emphasis on the feature of non-tagging of securities to GSEDs, or non-exclusivity of the selling GSEDs for subsequent transactions; 9. Whenever designated as authorized agent, provide BTr upon reasonable request, all evidence of authority to transact on the securities issued by investor to such authorized agent; 10. Whenever designated as authorized agent and/or settlement bank, ensure confidentiality and prompt delivery of all notices and statements of securities account/s to investors; 11. Ensure that all instructions transmitted to BTr concerning the securities account of clients-investors are legal, valid and duly authorized pursuant to an agreement, a special power of attorney, or any written authority executed by the client-investor in favor of the dealer; and 12. Disallow any increase in the securities holdings of clients recorded in its subaccount in the RoSS, with respect to clients who have either (a) declined in writing the delivery of his/its securities to a direct registry account under his or its name or a third-party custodian or (b) have not responded to the Dealers letter to the investor as regards the disposition of his/its securities. The Dealer shall allow the client/ investor to withdraw or sell, whether partial or total, from the said securities holdings recorded in the Dealers sub-account only upon written request/instruction by the investor/client: Provided, That in case of investors who have not responded to the Dealers letter regarding the disposition of his/its securities, the Dealer should be able to obtain from such investor a written advice that he is neither willing to take delivery nor have his securities delivered to a third-party custodian. The dealer shall furnish BTr such written request/instruction prior to the execution of the transaction. Sec. 3. Cut Off Period. No transfer of securities shall be allowed (i) during the period of two (2) business days ending on (and including) the due date of any redemption payment of principal and (ii) during the period of two (2) business days ending on (and including) the due date of any coupon payment date (the Closed Period). BTr shall prevent any transfer of the securities to be recorded in the RoSS during any Closed Period. Bondholders of record as appearing in the RoSS as of the Closed Period will be treated by BTr as the beneficial owners of such securities for any relevant payment.
APP. 68b 08.12.31
Sec. 4. Settlement Bank. Whenever the Dealer is designated by the investor as his/its settlement bank, it shall confirm receipt of payments from BTr intended for the investor and shall promptly and punctually credit the investors bank account all said relevant payments on the securities. Upon the crediting of the regular DDA of the Dealer with BSP for the applicable payments, the investor shall be considered as having been fully paid on his/its securities and the Dealer shall then be responsible to the investor. The BTr, its officers and employees and agents shall not be made liable for any claim, liability, or responsibility for damages or injury incurred by the investor on account of the Dealers failure to pay/credit the investors settlement account. Sec. 5. Compliance with Anti-Money Laundering Law. The Dealer shall be responsible for compliance with the requirements of Anti-Money Laundering Law and other banking laws, rules and regulations relative to reporting of suspicious accounts and deposits. Sec. 6. Limitation of Liability. The BTr, its officers, employees and agents shall not be held liable for any claim, liability or responsibility for damages or injury incurred by the investor on account of the loss of his/its securities holdings unless the loss or injury was caused by the act or omission of the BTr. Likewise, the BTr, its officers, employees and agents shall be rendered free and harmless from any liability on account of effecting instruction/s transmitted by the Dealer to the RoSS which the latter believed in good faith to have emanated from the Dealer. Sec. 7. Sanctions for Fraudulent Transactions. In case the Dealer commits any fraudulent act or transaction in connection with government securities or violates any of its undertakings herein, the BTr shall have the right to impose administrative sanctions such as but not limited to dis-accreditation and/or suspension of accreditation as a government securities eligible dealer, and other administrative sanctions as may be prescribed by competent authorities without prejudice to civil or criminal prosecution in accordance with law. Sec. 8. Amendment and Repeal. This agreement may be amended, modified or repealed by the parties in writing, by giving 30 days prior written notice. Sec. 9. Effectivity. This agreement shall take effect immediately. IN WITNESS WHEREOF, the parties have hereunto signed these presents this at . BUREAU OF THE TREASURY By: Treasurer of the Philippines By: President & CEO Signed in the presence of: [Dealer]
APP. 68b 08.12.31
Republic of the Philippines) ________________________) S.S
ACKNOWLEDGMENT BEFORE ME, a Notary Public for and in the City of ________________, personally appeared: Name Bureau of the Treasury Rep. by the Treasurer of the Philippines [Dealer] Rep. by ____________________ CTC No. ________ Date & Place Issued ________________
________
________________
known to me to be the same persons who executed the foregoing instrument consisting of ____ ( ) pages, including this page where this Acknowledgment is written, and acknowledge to me that the same is their free and voluntary act and deed and of the agency/institution they represent. WITNESS MY HAND AND NOTARIAL SEAL this __________________, Philippines. NOTARY PUBLIC Doc. No.: Page No.: Book No.: Series of at
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Annex B NOTE: TO BE SUBMITTED TO THE BUREAU OF THE TREASURY INVESTORS UNDERTAKING I/We, For Individual Investors of legal age For Juridical Entity authorized to do business in the Philippines Name: Address: Civil Status: Name: Principal Office Address: Place of Incorporation: Name of Representative: Capacity/Position of Representative:
A. Hereby agree to execute, pursuant to BSP Circular 524, a limited Special Power of Attorney in favor of either the dealing Government Securities Eligible Dealer1 (GSED) or Securities Dealer2 for the creation of a Principal Securities Account with the RoSS or for the execution of trade transactions (i.e. buying and selling instructions, including relaying of instructions to the CUSTODIAN to receive or deliver securities in order to consummate the buy/sell transactions) and to be bound by the provisions of a written Authority or a special power of attorney, or any relevant agreement I/we have entered into concerning my/our government security holdings, thereby confirming my/our authority for BTr-RoSS to carry out and execute the acts or instructions referred to in the aforesaid documents; B. It is understood that the RoSS administered by the BTr is the official registry of ownership of or interest in government securities; that all government securities floated/originated by NG under its scripless policy are recorded in the RoSS as well as subsequent transfer of the same; and that I/we will abide by the rules and regulations of BTr-RoSS concerning government securities. And further undertake as follows: 1. To create/open through the Client Interface System a Principal Securities Account with the RoSS to ensure that title of said scripless securities is officially recorded in my/our name and under my/our control. 2. That as a condition for the creation/opening of my/our Principal Securities Account with the RoSS, I/we have opened a bank account with (___________________________________ as Settlement Bank) to which coupon and maturity proceeds and any other payments to be made on my/our government securities holdings will be credited; undertake to furnish the RoSS of said bank
1 2
Accredited by the Bureau of the Treasury Licensed by the Securities and Exchange Commission
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account number; and give notice at least three (3) business days prior to any coupon and/or maturity payment of any change in the Settlement Bank and/or bank account number. 3. That no transfer of securities shall be made (i) during the period of two (2) business days ending on (and including) the due date of any redemption payment of principal and (ii) during the period of two (2) business days ending on (and including) the due date of any coupon payment date (the Closed Period). I/We further acknowledge that the BTr shall prevent any transfer of the securities to be recorded in the RoSS during any Closed Period. 4. That in the case of outright sale transactions of government securities, including that of RTBs, I/we undertake to sell the same to any of the GSEDs or Securities Dealers, save those provided for under existing rules and regulations on government securities applicable to tax-exempt institutions, government-owned or controlled corporations and local government units. Otherwise, I/we shall have the said securities delivered to my/our agent/custodian for trading or any other transactions pursuant to a relevant written instruction/authority. 5. To receive notices and/or statements of account on a quarterly basis or whenever there is a movement in my Principal Securities Account from the RoSS through any of the following modes: (Please indicate choice) [ ] Pick-up at the RoSS [ ] Registered Mail to Home/Office Address [ ] Deliver electronically to Agent [ ] Deliver electronically to Settlement Bank (for pick up) [ ] Email - email address In the absence of an indicated choice, I/we understand that the BTr shall electronically deliver all Notices and Statements to my/our designated settlement bank. Note: In addition to the indicated manner of receiving notice(s) and statement(s), Investor can directly secure from the BTr written copy of any notice, statement of account, or confirmation report, subject to prior notice to and in accordance with the procedures of the BTr. I/We hereby agree to abide with the Schedule of Fees and the manner of collection, as may be prescribed by the BTr from time to time. 6. That I/we expressly agree and acknowledge that the crediting to the regular DDA of my/our settlement bank of coupons and/or redemption value due my/our scripless securities, shall constitute actual receipt of payment by me/us. 7. To hold the BTr, its officers, employees and agents free and harmless against all suits, actions, damages or claims arising from failure of my/our Settlement Bank to credit my/our bank account for coupons and maturity values on due date.
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8. That all instructions affecting my/our scripless securities which are transmitted to or received in good faith the RoSS from myself/ourselves or my/our designated agent/custodian are covered by relevant documentation indicating my/our express consent and authority. 9. That I/we expressly warrant and authorize the delivery of copies of all evidence of authority granted to my/our designated agent/custodian to transact on my/our scripless securities upon reasonable demand by BTr. 10. That I/we undertake to immediately notify the RoSS of any unauthorized trade of my/ our scripless securities, and until receipt of such notice, transactions effected by BTr in good faith are deemed valid. 11. To render free and harmless the BTr, its officers, employees and agents for any claim or damages with respect to trade instructions carried out in good faith. 12. That while it is understood that BTr shall maintain the strict confidentiality of records in the RoSS, I/we hereby expressly waive and authorize BTr, to the extent allowed by law, to disclose relevant information in compliance with Anti-Money Laundering laws, rules and regulations. 13. To submit to the BTr the relevant special power of attorney or authorizations issued to my/our agent, upon demand of BTr. IN WITNESS WHEREOF , I/We hereunto affix our hands this _______________ at _____________________, Philippines. day of
__________________________________ Name & Signature of Investor Conforme: Settlement Bank
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ACKNOWLEDGMENT BEFORE ME, a Notary Public for and in the City of _____________, personally appeared: Name: CTC No. Date: Place of Issue:
(Investor or Representative of Juridical Entity) known to me to be the same person who executed the foregoing instrument and he/she acknowledged to me that the same is his/her free and voluntary act and deed (and the free act and deed of the entity they represent). WITNESS MY HAND AND NOTARIAL SEAL this Philippines. at ,
NOTARY PUBLIC Doc. No.: Page No.: Book No.: Series of
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PROMPT CORRECTIVE ACTION FRAMEWORK

[Appendix to Sec. X193 (2008 - X106.4)] In carrying out its primary objective of maintaining price stability conducive to a balanced and sustainable growth of the economy 1 , the BSP must necessarily maintain stability of the financial system through preservation of confidence therein. While preservation of confidence in the financial system may call for closure of mismanaged banks and/or financial entities under its jurisdiction, such closure is not the only option available to the BSP. When a banks closure, for instance, is adjudged by the Monetary Board to have adverse systemic consequences, the State may act in accordance with law to avert potential financial system instability or economic disruption.2 It is recognized that the closure of a bank or its intervention can be a costly and painful exercise. For this reason, the BSP, as supervisor, can enforce PCA3 as soon as a banks condition indicates higher-than normal risk of failure. PCA essentially involves the BSP directing the board of directors of a bank, prior to an open outbreak of crisis, to institute strong measures to restore the entity to normal operating condition within a reasonable period, ideally within one (1) year. These measures may include any or all of the following components: (1) Implementation of a capital restoration plan; (2) Implementation of a business improvement plan; and (3) Implementation of corporate governance reforms. Capital restoration plan - this component contains the schedule for building up a banks capital base (primarily through an increase in Tier 1 capital) to a level commensurate to the underlying risk exposure and in full compliance with minimum capital adequacy requirement. In conjunction with this plan, the BSP may also require any one (1), or a combination of the following: 1. Limit or curtail dividend payments to common stockholders; 2. Limit or curtail dividend payments to preferred stockholders; and 3. Limit or curtail fees and/or other payments to related parties. Business improvement plan - this component contains the set of actions to be taken immediately to bring about an improvement in the entitys operating condition, including but not limited to any one (1), or a combination of the following: 1. Reduce risk exposures to manageable levels; 2. Strengthen risk management; 3. Curtail or limit the banks scope of operations including those of its subsidiaries or affiliates where it exercises control; 4. Change or replace management officials; 5. Reduce expenses; and 6. Other measures to improve the quality of earnings. Corporate governance reforms - this component contains the actions to be immediately taken to improve the composition and/or independence of the board of directors and to enhance the quality of its oversight over the management and operation of the entity. This also includes measures to minimize potential shareholder conflicts of interest detrimental to its creditors, particularly, depositors in a bank. This likewise lays down measures to provide an acceptable level of financial
1 2 3
Section 3 of Republic Act No. 7653 Section 17 and 18 of Republic Act No. 3591, as amended Section 4.6 of Republic Act No. 8791
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transparency to all stakeholders. Such actions could include, but are not limited to, any one (1), or a combination of the following: 1. A change in the composition of the board of directors or any of the mandatory committees (under the MORB); 2. An enhancement to the frequency and/or depth of reporting to the board of directors; 3. A reduction in exposures to and/or a termination or reduction of business relationships with affiliates that pose excessive risk or are inherently disadvantageous to the supervised financial institution; and 4. A change of external auditor. A bank may be subject to PCA whenever any or all of the following conditions obtain: (1) When either of the Total Risk-Based Ratio1, Tier 1 Risk-Based Ratio, or Leverage Ratio2 falls below ten percent (10%), six percent (6%) and five percent (5%), respectively, or such other minimum levels that may be prescribed for the said ratios under relevant regulations, and/or the combined capital account falls below the minimum capital requirement prescribed under Subsec. X106.1; (2) The CAMELS composite rating is less than 3 or a Management component rating of less than 3 ; (3) A serious supervisory concern has been identified that places a bank at morethan-normal risk of failure in the opinion of the director of the Examination Department concerned, which opinion is confirmed by the Monetary Board. Such concerns could include, but are not limited, to any one (1) or a combination of the following: a. Finding of unsafe and unsound activities that could adversely affect the interest of depositors and/or creditors; b. A finding of repeat violations of law or the continuing failure to comply with Monetary Board Directives; and
c. Significant reporting errors that materially misrepresent the banks financial condition. The initiation of PCA shall be recommended by the Deputy Governor, SES to the Monetary Board for approval. Any initiation of PCA shall be reported to the PDIC for notation. Upon PCA initiation, the BSP shall require the bank to enter into a MOU committing to the PCA plan. The MOU shall be subject to approval by the Deputy Governor, SES and confirmation by the Monetary Board. In order to monitor compliance with the PCA, quarterly progress reports shall be made. The BSP reserves the right to conduct periodic on-site visits outside of regular examination to validate compliance with the PCA plan. Subject to Monetary Board approval, sanctions may be imposed on any bank subject to PCA whenever there is unreasonable delay in entering into a PCA plan or when PCA is not being complied with. These may include any or all of the following: (1) monetary penalty on or curtailment or suspension of privileges enjoyed by the board of directors or responsible officers; (2) restriction on existing activities that the supervised financial institution may undertake; (3) denial of application for branching and other special authorities; (4) denial or restriction of access to BSP credit facilities; and (5) restriction on declaration of dividends. On the other hand, if the bank subject to PCA promptly implements a PCA plan and substantially complies with its conditions, it may continue to have access to BSP credit facilities notwithstanding non-compliance with standard conditions of access to such facilities. The Deputy
1 2
Otherwise known as Capital Adequacy Ratio (CAR) Total Capital /Total Assets
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Governor, SES shall recommend such exemption to the Monetary Board for approval. In cases where a banks problems are deemed to be exceptionally serious from the outset, or when a bank is unwilling to submit to the PCA or unable to substantially comply with an agreed PCA plan, the Deputy Governor, SES may immediately recommend to the Monetary Board more drastic actions as prescribed under Section 29 (conservatorship) and Section 30 (receivership) of R.A. No. 7653.
Subject to Monetary Board approval, the PCA status of a bank may be lifted: Provided, That the bank fully complies with the terms and conditions of its MOU and: Provided, further, That the Deputy Governor, SES has determined that the financial and operating condition of the bank no longer presents a risk to itself or the financial system. Such improved assessment shall be immediately reported to the PDIC.
(Circular No. 523 dated 23 March 2006, as amended by Circular Nos. 729 dated 08 July 2011, 664 dated 15 September 2009)
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(RESERVED)
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AUTOMATED TELLER MACHINE SAFETY MEASURES

[Appendix to Sec. X705 (2008 - X624)] To minimize/prevent ATM frauds and crimes, banks should, at a minimum, implement the following security measures with respect to their ATM facilities: 1. Locate ATMs in highly visible areas; 2. Provide sufficient lighting at and around the ATMs; 3. Where ATM crimes (e.g., robbery, vandalism) are high in a specific area or location, banks should install surveillance camera or cameras which shall view and record all persons entering the facility. Such recordings shall be preserved by the banks for at least thirty (30) days; 4. Implement ATM programming enhancements like masking/non-printing of card numbers; 5. Educate customers by advising them regularly of risks associated with using the ATM and how to avoid these risks; 6. Conduct and document periodic security inspection at the ATM location, and make the pertinent information available to their clients; 7. Educate bank personnel to be responsive and sensitive to customer concerns and to communicate them immediately to the responsible bank officer; and 8. Post near the ATM facility a clearly visible sign which, at a minimum, provides the telephone numbers of the bank as well as other banks hotline numbers for other cardholders who are allowed to transact business in the ATM, and police hotlines for emergency cases. Banks must study and assess ATM crimes to determine the primary problem areas. Procedures for reporting ATM crime should also be established. Knowing what crimes have occurred will aid the banks in recognizing the particular crime problem and to what degree it exists so that they can implement specific prevention measures to mitigate the risk. In this connection, banks are encouraged to share information involving ATM fraud cases to deter and prevent proliferation of the crime.
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INTERNET AND WIRELESS BANKING SECURITY MEASURES

[Appendix to Sec. X705 (2008 - X624)] 1. Network controls a. Implement adequate security measures on the internal networks and network connections to public network or remote parties. Segregate internal networks into different segments having regard to the access control needed for the data stored in, or systems connected to, each segment. b. Properly design and configure the servers and firewalls used for the e-banking services either internet-based or delivered through wireless communication networks (e.g., install firewalls between internal and external networks as well as between geographically-separate sites). c. Deploy strong and stringent authentication and controls especially in remote access or wireless access to the internal network. d. Implement anti-virus software, network scanners and analyzers, intrusion detectors and security alert as well as conduct regular system and data integrity checks. e. Maintain access security logs and audit trails. These should be analyzed for suspicious traffic and/or intrusion attempts. f. Ensure that wireless software for wireless communication network includes appropriate audit capabilities (e.g., recording dropped transactions). g. Develop built-in redundancies for single points of failure which can bring down the entire network. 2. Operating Systems Controls a. Harden operating systems by configuring system software and firewall to the highest security settings consistent with the level of protection required, keeping abreast of enhancements, updates and patches recommended by system vendors. b. Change all default passwords for new systems immediately upon installation as they provide the most common means for intruders to break into systems. 3. Encryption a. Implement encryption technologies that are appropriate to the sensitivity and importance of data to protect confidentiality of information while it is stored or in passage over external and internal networks. b. Choose encryption technologies that make use of internationally recognized cryptographic algorithms where the strengths of the algorithms have been subjected to extensive tests. c. Apply strong end-to-end encryption to the transmission of highly sensitive data (e.g., customer passwords) so that the data are encrypted all the way between customers devices and banks internal systems for processing the data. This would ensure that highly sensitive data would not be compromised even if the banks web servers or internal networks were penetrated. 4. Website and Mobile Banking Authentication a. Authenticate official website to protect bank customers from spoofed or faked websites. Banks should determine what authentication technique to use to provide protection against these attacks. b. For wireless applications, adopt authentication protocols that are separate and distinct from those provided by the wireless network operator. 5. Physical Security a. House all critical or sensitive computers and network equipment in
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physically secure locations (e.g., away from environmental hazards, unauthorized entry and public disclosure, etc.). b. Implement physical security measures such as security barriers (e.g., external walls, windows); entry controls (e.g., biometric door locks, manual or electronic logging, security guards) and physical protection facilities/devices (e.g., water and fire detectors, uninterruptible power supply [UPS], etc.) to prevent unauthorized physical access, damage to and interference with the e-banking services. 6. Development and Acquisition a. Separate physical/logical environments for systems development, testing and production. b. Provide separate environments for the development, testing, staging and production of internet facing web-based applications; connect only the production environment to the internet. 7. IT Personnel Training Provide appropriate and updated training to IT personnel on network, application and security risks and controls so that they understand and can respond to potential security threats. 8. Service Providers a. Perform due diligence regularly to evaluate the ability of the service providers (e.g., internet service provider, telecommunication provider) to maintain an adequate level of security and to keep abreast of changing technology.
b. Ensure that the contractual agreements with the service providers have clearly defined security responsibilities. 9. Independent Audit, Vulnerability Test and Penetration Testing a. Conduct regular audit to assess the adequacy and effectiveness of the risk management process and the attendant controls and security measures. b. Perform vulnerability test or assessment to evaluate the information security policies, internal controls and procedures, as well as system and network security of the bank. Assessment should also include latest technological developments and security threats, industry standards and sound practices. c. Conduct penetration testing at least annually. d. The audit and tests should be conducted by security professionals or internal auditors who are independent in the development, implementation or operation of the e-banking services, and have the required skills to perform the evaluation. e. For e-banking services provided by an outside vendor or service provider, ensure that the above tests and audit are performed and the bank is provided with the results and actions taken on system security weaknesses. 10. Incident Response Establish an incident management and response plan and test the predetermined action plan relating to security incidents.
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ELECTRONIC BANKING CONSUMER AWARENESS PROGRAM

[Appendix to Sec. X705 (2008 - X624)] To ensure security in their e-banking transactions and personal information, consumers should be oriented of their roles and responsibilities which, at a minimum, include the following: 1. Internet Products and Services a. Secure Login ID and Password or PIN (1) Do not disclose Login ID and Password or PIN. (2) Do not store Login ID and Password or PIN on the computer. (3) Regularly change password or PIN and avoid using easy-to-guess passwords such as names or birthdays. Password should be a combination of characters (uppercase and lowercase) and numbers and should be at least 6 digits in length. b. Keep personal information private. Do not disclose personal information such as address, mothers maiden name, telephone number, social security number, bank account number or e-mail address unless the one collecting the information is reliable and trustworthy. c. Keep records of online transactions. (1) Regularly check transaction history details and statements to make sure that there are no unauthorized transactions. (2) Review and reconcile monthly credit card and bank statements for any errors or unauthorized transactions promptly and thoroughly. (3) Check e-mail for contacts by merchants with whom one is doing business. Merchants may send important information about transaction histories. (4) Immediately notify the bank if there are unauthorized entries or transactions in the account. d. Check for the right and secure website. (1) Before doing any online transactions or sending personal information, make sure that correct website has been accessed. Beware of bogus or look alike websites which are designed to deceive consumers. (2) Check if the website is secure by checking the Universal Resource Locators (URLs) which should begin with https and a closed padlock icon on the status bar in the browser is displayed. To confirm authenticity of the site, double-click on the lock icon to display security certificate information of the site. (3) Always enter the URL of the website directly into the web browser. Avoid being re-directed to the website, or hyperlink it from a website that may not be as secure. (4) If possible, use software that encrypts or scrambles the information when sending sensitive information or performing e-banking transactions online. e. Protect personal computer from hackers, viruses and malicious programs. (1) Install a personal firewall and a reputable anti-virus program to protect personal computer from virus attacks or malicious programs. (2) Ensure that the anti-virus program is updated and runs at all times. (3) Always keep the operating system and the web browser updated with the latest security patches, in order to protect against weaknesses or vulnerabilities. (4) Always check with an updated antivirus program when downloading a program or opening an attachment to ensure that it does not contain any virus. (5) Install updated scanner softwares to detect and eliminate malicious programs
APP. 70c 08.12.31
capable of capturing personal or financial information online. (6) Never download any file or software from sites or sources, which are not familiar or hyperlinks sent by strangers. Opening such files could expose the system to a computer virus that could hijack personal information, including password or PIN. f. Do not leave computer unattended when logged-in. (1) Log-off from the internet banking site when computer is unattended, even if it is for a short while. (2) Always remember to log-off when e-banking transactions have been completed. (3) Clear the memory cache and transaction history after logging out from the website to remove account information. This would avoid incidents of the stored information being retrieved by unwanted parties. g. Check the sites privacy policy and disclosures. (1) Read and understand website disclosures specifically on refund, shipping, account debit/credit policies and other bank terms and conditions. (2) Before providing any personal financial information to a website, determine how the information will be used or shared with others. (3) Check the sites statements about the security provided for the information divulged. (4) Some websites disclosures are easier to find than others look at the bottom of the home page, on order forms or in the About or FAQs section of a site. If the customer is not comfortable with the policy, consider doing business elsewhere. h. Other internet security measures: (1) Do not send any personal information particularly password or PIN via ordinary e-mail.
(2) Do not open other browser windows while banking online. (3) Avoid using shared or public personal computers in conducting e-banking transactions. (4) Disable the file and printer sharing feature on the operating system if conducting banking transactions online. (5) Contact the banking institution to discuss security concerns and remedies to any online e-banking account issues. 2. Other Electronic Products a. ATM and debit cards (1) Use ATMs that are familiar or that are in well-lit locations where one feels comfortable. If the machine is poorly lit or is in a hidden area, use another ATM. (2) Have card ready before approaching the ATM. Avoid having to go through the wallet or purse to find the card. (3) Do not use ATMs that appear to have been tampered with or otherwise altered. Report such condition to the bank. (4) Memorize ATM PIN and never disclose it to anyone. Do not keep those numbers or passwords in the wallet or purse. Never write them on the cards themselves. Avoid using easily available personal information like a birthday, nickname, mothers maiden name or consecutive numbers. (5) Be mindful of shoulder surfers when using ATMs. Stand close to the ATM and shield the keypad with hand when keying in the PIN and transaction amount. (6) If the ATM is not working correctly, cancel the transaction and use a different ATM. If possible, report the problem to the bank. (7) Carefully secure card and cash in the wallet, handbag, or pocket before leaving the ATM. (8) Do not leave the receipt behind. Compare ATM receipts to monthly statement. It is the best way to guard against fraud and it makes record-keeping easier.
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(9) Do not let other people use your card. If card is lost or stolen, report the incident immediately to the bank. b. Credit cards (1) Never disclose credit card information to anyone. The fraudulent use of credit cards is not limited to the loss or theft of actual credit cards. A capable criminal only needs to know the credit card number to fraudulently make numerous charges against the account. (2) Endorse or sign all credit cards as soon as they are received from the bank. (3) Like ATM card PINs, secure credit card PINs. Do not keep those numbers or passwords in the wallet or purse and never write them on the cards themselves. (4) Photocopy both the front and back of all credit cards and keep the copies in a safe and secure location. This will facilitate in the immediate cancellation of the card if lost or stolen. (5) Carry only the minimum number of credit cards actually needed and never leave them unattended. (6) Never allow credit card to be used as reference (credit card number) or as an identification card. (7) Never give your credit card account number over the telephone unless dealing with a reputable company or institution. (8) When using credit cards, keep a constant eye on the card and the one handling it. Be aware of the swipe and theft scam using card skimmers. A skimmer is a machine that records the information from the magnetic stripe on a credit card to be downloaded onto a personal computer later. The card can be swiped on a skimmer by a dishonest person and that data can then be used to make duplicate copies of the credit card. (9) Do not leave documents like bills, bank and credit card statements in an
unsecure place since these documents have direct access to credit card and/or deposit account information. Consider shredding sensitive documents rather than simply throwing them away. (Some people will go through the garbage to find this information). (10) Notify the bank in advance of a change in address. (11) Open billing statements promptly and reconcile card amounts each month. (12) Do not let other people use your card. If card is lost or stolen, report the incident immediately to the bank. c. Mobile Banking (1) Do not disclose your Mobile Banking Pin (MPIN) to anyone. (2) Regularly change the MPIN. (3) Do not let other people use your mobile phone enrolled in a mobile banking service. If the phone is lost or stolen, report the incident immediately to the bank. (4) Be vigilant. Refrain from doing mobile banking transactions in a place where you observe the presence of shoulder surfers. (5) Keep a copy of the transaction reference number provided by the bank whenever you perform a mobile banking transaction as evidence that the specific transaction was actually executed. Since customers may find it difficult to take in lengthy and complex advice, banks should devise effective methods and channels for communicating with them on security precautions. Banks may make use of multiple channels (e.g., banks websites, alert messages on customers mobile phone, messages printed on customer statements, promotional leaflets, circumstances when banks frontline staff communicate with their customers) to enforce these precautionary measures.
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DISCLOSURE REQUIREMENTS
[Appendix to Sec. X705 (2008 - X624)] 1. General Requirement Banks offering e-banking services have to adopt responsible privacy policies and information practices. They should provide disclosures that are clear and readily understandable, in writing, or in a form the consumers may print and keep. Banks should also ensure that consumers who sign-up for a new banking service are provided with disclosures (e.g., pamphlet) informing them of their rights as a consumers. At a minimum, the following disclosures should be provided to protect consumers and inform them of their rights and responsibilities: a. Information on the duties of the banking institution and customers. b. Information on who will be liable for unauthorized or fraudulent transactions. c. Mode by which customers will be notified of changes in terms and conditions. d. Information relating to how customers can lodge a complaint, and how a complaint may be investigated and resolved. e. Disclosures that will help consumers in their decision-making (e.g., PDIC-insured, etc.) f. For internet environment, information that prompt in the banks website to notify customers that they are leaving the banking institutions website and hence they are not protected by the privacy policies and security measures of the banking institutions when they hyperlink to third partys website. 2. Disclosure Responsibility a. Compliance officers should review banks disclosure statements to determine whether they have been designed to meet the general and specific requirements set in this circular. b. For banks that advertise deposit products and services on-line, they must verify that proper advertising disclosures are made (e.g. whether the product is insured or not by the PDIC; fees and charges associated with the product or services, etc.). Advertisements should be monitored to determine whether they are current, accurate, and compliant. c. For banks that issue various products like stored value cards, e-wallets, debit cards and credit cards, they must provide information to consumers regarding the features of each of these products to enable consumers to meaningfully distinguish them. Additionally, consumers would find it beneficial to receive information about the terms and conditions associated with their usage. Example of these disclosures include: PDIC-insured or non-insured status of the product; fees and charges associated with the purchase, use or redemption of the product; liability for loss; expiration dates, or limits on redemption; and toll-free telephone number for customer service, malfunction and error resolution. d. Whenever e-banking services are outsourced to third parties or service providers, banks should ensure that the vendors comply with the disclosure requirements of the BSP.
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GUIDELINES FOR THE CHANGE IN THE MODE OF COMPLIANCE WITH THE LIQUIDITY RESERVE REQUIREMENT
(Appendix to Subsecs. X253.2 & X405.5) The following guidelines shall be observed in implementing the change in the mode of compliance with the liquidity reserve requirement from holding government securities bought directly from the BSP: 1. Government securities previously bought from the BSP in compliance with the liquidity reserve requirement shall remain eligible for such purpose until these mature or are sold back to the BSP at yields quoted by the BSP Treasury Department (TD). Only the outstanding ERAP and PEACe bonds shall qualify as eligible securities for liquidity reserves. Future issuances will no longer carry the liquidity reserve eligibility under this Section. 2. The interest rates applied to the reserve deposit account (RDA) shall be set by the TD at one-half percent (1/2%) below the prevailing market rate for comparable government securities; 3. Pre-termination of RDAs shall be allowed subject to a reduction in applicable interest rates, as prescribed by the TD; 4. Banks and QBs shall submit on placement date a written authority (see Annex A) to the TD to debit their demand deposit account with the BSP as payment for the RDA; 5. Principal and interest payments at maturity net of applicable tax shall be made by the BSP through automatic credit to the institutions demand deposit account with the BSP. Full or partial rollover of placements in the RDA shall be settled on a gross basis; 6. Any deficiency in the liquidity reserves shall continue to be in the forms or modes prescribed under existing regulations for the composition of required reserves; 7. Banks and QBs shall continue to specify in the prescribed reports to the SDC of the BSP the balance of government securities held for liquidity reserve purposes. Said balance shall decline over time as government securities previously bought from the BSP mature or are sold back to the BSP; and 8. To facilitate the adoption of the change in the mode of compliance with the liquidity reserve requirement, the TD (while starting to accept placements in the reserve deposit account) shall continue to sell government securities for liquidity reserve purposes until 29 September 2006. The above guidelines shall take effect on 25 August 2006.
(Circular Nos. 551 dated 17 November 2006 and 539 dated 09 August 2006)
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Annex A
DEBIT/CREDIT AUTHORITY FORMAT
ORDINARY WHITE PAPER

2 COPIES
(COUNTERPARTYS LETTERHEAD)
DATE: _______________ TREASURY DEPARTMENT TREASURY SERVICES GROUP DOMESTIC BANGKO SENTRAL NG PILIPINAS GENTLEMEN: THIS IS TO CONFIRM OUR RESERVE DEPOSIT ACCOUNT (RDA) PLACEMENT WITH YOUR OFFICE, DETAILED AS FOLLOWS: VALUE DATE TERM MATURITY DATE RATE PRINCIPAL AMOUNT GROSS INTEREST WITHHOLDING TAX LIQUIDITY RESERVES FOR Deposit Liabilities & Deposit Substitute (PLEASE CHECK ONE) TOFA - Others
CTF
ACCORDINGLY, PLEASE DEBIT OUR REGULAR DEMAND DEPOSIT ACCOUNT WITH YOURSELVES ON VALUE DATE FOR THE PRINCIPAL AMOUNT OF (AMOUNT IN WORDS) (P) AND CREDIT THE SAME ACCOUNT ON MATURITY DATE THE AMOUNT OF (AMOUNT IN WORDS) (P) REPRESENTING FULL PAYMENT OF THE PRINCIPAL PLUS INTEREST (NET OF APPLICABLE WITHHOLDING TAX) THEREON. VERY TRULY YOURS, (AUTHORIZED SIGNATORY)1 (AUTHORIZED SIGNATORY)2
(Circular Nos. 551 dated 17 November 2006 and 539 dated 09 August 2006)
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GUIDELINES ON SUPERVISION BY RISK

(Appendix to Sec. X173) I. Background It must be recognized that banking is a business of taking risks in order to earn profits. While banking risks historically have been concentrated in traditional banking activities, the financial services industry has evolved in response to market-driven, technological, and legislative changes. These changes have allowed FIs to expand product offerings, geographic diversity, and delivery systems. They have also increased the complexity of the FIs consolidated risk exposure. Because of this complexity, FIs must evaluate, control, and manage risk according to its significance. The FIs evaluation of risk must take into account how non-bank activities within a banking organization affect the FI. Consolidated risk assessments should be a fundamental part of managing the FI. Large FIs assume varied and complex risks that warrant a risk-oriented supervisory approach. II. Statement of policy The existence of risk is not necessarily a reason for concern. Likewise, the existence of high risk in any area is not necessarily a concern, so long as management exhibits the ability to effectively manage that level of risk. Under this approach, the BSP will not necessarily attempt to restrict risk-taking but rather ensure that FIs identify, understand, and control the risks they assume. As an organization grows more diverse and complex, the FIs risk management processes must keep pace. When risk is not properly managed, BSP will direct FI management to take corrective action such as reducing exposures, increasing capital, strengthening risk management processes or a combination of these actions. In all cases, the primary concern of the BSP is that the FI operates in a safe and sound manner and maintains capital commensurate with its risks. Further guidance on risk management issues will be addressed in subsequent issuances that are part of the overall risk assessment program. III. Guidelines for risk management For purposes of the discussion of risk, the BSP will evaluate banking risk relative to its impact on capital and earnings. From a supervisory perspective, risk is the potential that events, expected or unanticipated, may have an adverse impact on the FIs capital or earnings. The BSP-SES has defined eight (8) categories of risk for FI supervision purposes. These risks are: credit, market, interest rate, liquidity, operational, compliance, strategic, and reputation . These categories are not mutually exclusive; any product or service may expose the FI to multiple risks. In addition, they can be interdependent. Increased risk in one (1) category can increase risk in other categories. Types and definitions of risk 1. Credit risk arises from a counterpartys failure to meet the terms of any contract with the FI or otherwise perform as agreed. Credit risk is found in all activities where success depends on counterparty, issuer, or borrower performance. It arises any time FI funds are extended, committed, invested, or otherwise exposed through actual or implied contractual agreements, whether reflected on or off the balance sheet. Credit risk is not limited to the loan portfolio. 2. Market risk is the risk to earnings or capital arising from changes in the value of traded portfolios of financial instruments.
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This risk arises from market-making, dealing, and position-taking in interest rate, foreign exchange, equity and commodities markets. 3. Interest rate risk is the current and prospective risk to earnings or capital arising from movements in interest rates. Interest rate risk arises from differences between the timing of rate changes and the timing of cash flows (repricing risk); from changing rate relationships among different yield curves affecting FI activities (basis risk); from changing rate relationships across the spectrum of maturities (yield curve risk); and from interest-related options embedded in FI products (options risk). 4. Liquidity risk is the current and prospective risk to earnings or capital arising from an FIs inability to meet its obligations when they come due without incurring unacceptable losses. Liquidity risk includes the inability to manage unplanned decreases or changes in funding sources. Liquidity risk also arises from the failure to recognize or address changes in market conditions that affect the ability to liquidate assets quickly and with minimal loss in value. 5. Operational risk is the current and prospective risk to earnings or capital arising from fraud, error, and the inability to deliver products or services, maintain a competitive position, and manage information. Risk is inherent in efforts to gain strategic advantage, and in the failure to keep pace with changes in the financial services marketplace. Operational risk is evident in each product and service offered. Operational risk encompasses: product development and delivery, operational processing, systems development, computing systems, complexity of products and services, and the internal control environment. 6. Compliance risk is the current and prospective risk to earnings or capital arising from violations of, or non-conformance with, laws, rules, regulations, prescribed practices, internal policies and procedures,
or ethical standards. Compliance risk also arises in situations where the laws or rules governing certain FI products or activities of the FIs clients may be ambiguous or untested. This risk exposes the FI to fines, payment of damages, and the voiding of contracts. Compliance risk can lead to diminished reputation, reduced franchise value, limited business opportunities, reduced expansion potential, and lack of contract enforceability. 7. Strategic risk is the current and prospective impact on earnings or capital arising from adverse business decisions, improper implementation of decisions, or lack of responsiveness to industry changes. This risk is a function of the compatibility of an organizations strategic goals, the business strategies developed to achieve those goals, the resources deployed against these goals, and the quality of implementation. The resources needed to carry out business strategies are both tangible and intangible. They include communication channels, operating systems, delivery networks, and managerial capacities and capabilities. The organizations internal characteristics must be evaluated against the impact of economic, technological, competitive, regulatory, and other environmental changes. 8. Reputation risk is the current and prospective impact on earnings or capital arising from negative public opinion. This affects the FIs ability to establish new relationships or services or continue servicing existing relationships. This risk may expose the FI to litigation, financial loss, or a decline in its customer base. In extreme cases, FIs that lose their reputation may suffer a run on deposits. Reputation risk exposure is present throughout the organization and requires the responsibility to exercise an abundance of caution in dealing with customers and the community. IV. FI management of risk Because market conditions and company structures vary, there is no
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single risk management system that works for all FIs. Each FI should tailor its risk management program to its needs and circumstances. Sound risk management systems, however, have several things in common; for example, they are independent of risk-taking activities. Regardless of the risk management programs design, each program should: 1. Identify risk: To properly identify risks, an FI must recognize and understand existing risks or risks that may arise from new business initiatives, including risks that originate in non-bank subsidiaries and affiliates. Risk identification should be a continuing process, and should occur at both the transaction and portfolio level. 2. Measure risk: Accurate and timely measurement of risk is essential to effective risk management systems. An FI that does not have a risk measurement system has limited ability to control or monitor risk levels. Further, the more complex the risk, the more sophisticated should be the tools that measure it. An FI should periodically conduct tests to make sure that the measurement tools it uses are accurate. Good risk measurement systems assess the risks of both individual transactions and portfolios. During the transition process in FI mergers and consolidations, the effectiveness of risk measurement tools is often impaired because of the technological incompatibility of the merging systems or other problems of integration. Therefore, the resulting FI must make a strong effort to ensure that risks are appropriately measured across the consolidated entity. Larger, more complex FIs must assess the impact of increased transaction volume across all risk categories. 3. Monitor risk: FIs should monitor risk levels to ensure timely review of risk positions and exceptions. Monitoring
reports should be frequent, timely, accurate, and informative and should be distributed to appropriate individuals to ensure action, when needed. For large, complex FIs, monitoring is essential to ensure that managements decisions are implemented for all geographies, products, and legal entities. 4. Control risk: The FI should establish and communicate risk limits through policies, standards, and procedures that define responsibility and authority. These control limits should be valid tools that management should be able to adjust when conditions or risk tolerances change. The FI should have a process to authorize exceptions or changes to risk limits when warranted. In merging or consolidating FIs, the transition should be tightly controlled; business plans, lines of authority, and accountability should be clear. Large, diversified FIs should have strong risk controls covering all geographies, products, and legal entities. The Board must establish the FIs strategic direction and risk tolerances. In carrying out these responsibilities, the Board should approve policies that set operational standards and risk limits. Welldesigned monitoring systems will allow the Board to hold management accountable for operating within established tolerances. Capable management and appropriate staffing are also essential to effective risk management. FI management is responsible for the implementation, integrity, and maintenance of risk management systems. Management also must keep the directors adequately informed. Management must: a. Implement the FIs strategy; b. Develop policies that define the FIs risk tolerance and ensure that they are compatible with strategic goals; c. Ensure that strategic direction and risk tolerances are effectively
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communicated and adhered to throughout the organization; d. Oversee the development and maintenance of management information systems to ensure that information is timely, accurate, and pertinent. V. Assessment of risk management When assessing risk management systems, the BSP will consider the FIs policies, processes, personnel, and control systems. Significant deficiencies in any one of these areas will cause the BSP to expect the FI to compensate for these deficiencies in their overall risk management process. 1. Policies are statements of the FIs commitment to pursue certain results. Policies often set standards (on risk tolerances, for example) and recommend courses of action. Policies should express an FIs underlying mission, values, and principles. A policy review should always be triggered when an FIs activities or risk tolerances change. 2. Processes are the procedures, programs, and practices that impose order on the FIs pursuit of its objectives. Processes define how daily activities are carried out. Effective processes are consistent with the underlying policies, are efficient, and are governed by checks and balances. 3. Personnel are the staff and managers that execute or oversee processes. Good staff and managers perform as expected, are qualified, and competent. They understand the FIs mission, values, policies, and processes. Compensation programs should be designed to attract, develop, and retain qualified personnel. In addition, compensation should be structured to reward contributions to effective risk management. 4. Control systems include the tools and information systems (e.g, internal/ external audit programs) that FI managers use to measure performance, make
decisions about risk, and assess the effectiveness of processes. Feedback should be timely, accurate, and pertinent. VI. Supervision by Risk Using the core assessment standards of the BSP as guide, an examiner will obtain both a current and prospective view of an FIs risk profile. When appropriate, this profile will incorporate potential material risks to the FI from non-bank affiliates activities conducted by the FI. Subsidiaries and branches of foreign FIs should maintain sufficient documentation onsite to support the analysis of their risk management. This risk assessment drives supervisory strategies and activities. It also facilitates discussions with FI management and directors and helps to ensure more efficient examinations. The core assessment complements the RAS. Examiners document their conclusions regarding the quantity of risk, the quality of risk management, the level of supervisory concern (measured as aggregate risk), and the direction of risk using the RAS. Together, the core assessment and RAS give the appropriate department of the SES the means to assess existing and emerging risks in FIs, regardless of size or complexity. Specifically, supervision by risk allocates greater resources to areas with higher risks. The appropriate department of the SES will accomplish this by: 1. Identifying risks using common definitions. The categories of risk, as they are defined, are the foundation for supervisory activities. 2. Measuring risks using common methods of evaluation. Risk cannot always be quantified in pesos. For example, numerous internal control deficiencies may indicate excessive operational risk. 3. Evaluating risk management to determine whether FI systems and
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processes permit management to manage and control existing and prospective levels of risk. The appropriate department of the SES will discuss preliminary conclusions regarding risks with FI management. Following these discussions, the appropriate department of the SES will adjust conclusions when appropriate. Once the risks have been clearly identified and communicated, the appropriate department of the SES can then focus supervisory efforts on the areas of greater risk within the FI, the
consolidated banking organization, and the banking system. To fully implement supervision by risk, the appropriate department of the SES will also assign CAMELS ratings to the lead FI and all affiliated FIs. It may determine that risks in individual FIs are increased, reduced, or mitigated in light of the consolidated risk profile of the FI as a whole. To perform a consolidated analysis, it will obtain pertinent information from FIs and affiliates, and verify transactions flowing between FIs and affiliates.
(Circular No. 510 dated 03 February 2006)
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GUIDELINES ON MARKET RISK MANAGEMENT

(Appendix to Sec. X174) Background The globalization of financial markets, increased transaction volume and volatility, and the introduction of complex products and trading strategies have made market risk management take on a more important role in risk management. FIs now use a wide range of financial products and strategies, ranging from the most liquid fixed income securities to complex derivative instruments and structured products. The risk dimensions of these products and strategies must be fully understood, monitored, and controlled by an FI. II. Statement of policy For purposes of these guidelines, FIs refer to banks and NBFIs supervised by the BSP and their respective financial subsidiaries. The level of market risk assumed by an FI is not necessarily a concern, so long as the FI has the ability to effectively manage the risk. Therefore, the BSP will not restrict the level of risk assumed by an FI, or the scope of its financial market activities, so long as the FI is authorized to engage in such activities and: Understands, measures, monitors and controls the risk assumed, Adopts risk management practices whose sophistication and effectiveness are commensurate to the risk being monitored and controlled, and Maintains capital commensurate with the risk exposure assumed. If the BSP determines that an FIs risk exposures are excessive relative to the FIs capital, or that the risk assumed is not well managed, the BSP will direct the FI to reduce its exposure to an appropriate level and/or strengthen its risk management systems. I. In evaluating the above parameters, the BSP expects FIs to have sufficient knowledge, skills and appropriate system and technology necessary to understand and effectively manage their market risk exposures. The principles set forth in these guidelines shall be used in determining the adequacy and effectiveness of an FIs market risk management process, the level and trend of market risk exposure and adequacy of capital relative to exposure. The BSP shall consider the following factors: 1. The major sources of market risk exposure and the complexity and level of risk posed by the assets, liabilities, and offbalance-sheet activities of the FI; 2. The FIs actual and prospective level of market risk in relation to its earnings, capital, and risk management systems; 3. The adequacy and effectiveness of the FIs risk management practices and strategies as evidenced by: The adequacy and effectiveness of Board and senior management oversight; Managements knowledge and ability to identify and manage sources of market risk as measured by past and projected financial performance; The adequacy of internal measurement, monitoring, and management information systems; The adequacy and effectiveness of risk limits and controls that set tolerances on income and capital losses; The adequacy and frequency of the FIs internal review and audit of its market risk management process. Further, an FIs market risk management system shall be assessed under the FIs general risk management framework, consistent with the guidelines on supervision by risk as set forth under Appendix 72.
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III. Market risk management process An FIs market risk management process should be consistent with its general risk management framework and should be commensurate with the level of risk assumed. Although there is no single market risk management system that works for all FIs, an FIs market risk management process should: 1. Identify market risk. Identifying current and prospective market risk exposures involves understanding the sources of market risk arising from an FIs existing or new business initiatives. An FI should have procedures in place to identify and address the risk posed by new products and activities prior to initiating the new products or activities. Identifying market risk also includes identifying an FIs desired level of risk exposure based on its ability and willingness to assume market risk. An FIs ability to assume market risk depends on its capital base and the skills/capabilities of its management team. In any case, market risk identification should be a continuing process and should occur at both the transaction and portfolio level. 2. Measure market risk. Once the sources and desired level of market risk have been identified, market risk measurement models can be applied to quantify an FIs market risk exposures. However, market risk cannot be managed in isolation. Market risk measurement systems should be integrated into an FIs general risk measurement system and results from models should be interpreted in coordination with other risk exposures. Further, the more complex an FIs financial market activities are, the more sophisticated the tools that measure market risk exposures arising from such complex activities should be. 3. Control market risk. Quantifying market risk exposures help an FI align existing exposures with the identified desired level of exposures. Controlling market risk
usually involves establishing market risk limits that are consistent with an FIs market risk measurement methodologies. Limits may be applied through an outright prohibition on exposures above a pre-set threshold, by restraining activities or deploying strategies that alter the risk-return characteristics of on- and off- balance sheet positions. Appropriate pricing strategies may likewise be used to control market risk exposures. 4. Monitor market risk. Ensuring that market risk exposures are adequately controlled requires the timely review of market risk positions and exceptions. Monitoring reports should be frequent, timely and accurate. For large, complex FIs, consolidated monitoring should be employed to ensure that managements decisions are implemented for all geographies, products, and legal entities. IV. Definition and sources of market risk Market risk is the risk to earnings or capital arising from adverse movements in factors that affect the market value of instruments, products, and transactions in an institutions overall portfolio, both on or off-balance sheet. Market risk arises from market-making, dealing, and position-taking in interest rate, foreign exchange, equity and commodities markets. Interest rate risk is the current and prospective risk to earnings or capital arising from movements in interest rates. Foreign exchange risk refers to the risk to earnings or capital arising from adverse movements in foreign exchange rates. Equity risk is the risk to earnings or capital arising from movements in the value of an institutions equity-related holdings. Commodity risk is the risk to earnings or capital due to adverse changes in the value of an institutions commodity-related holdings. While there are generally four sources of market risk, as defined herein, the focus
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of this Appendix is interest rate risk and foreign exchange risk. Nevertheless, the principles set forth in the market risk management process and sound risk management practices are generally applicable to all sources of market risk. a. Interest rate risk Interest rate risk is the risk that changes in market interest rates will reduce current or future earnings and/or the economic value of an FI. Accepting interest rate risk is a normal part of financial intermediation and is a major source of profitability and shareholder value. Excessive or inadequately understood and controlled interest rate risk, however, can pose a significant threat to an FIs earnings and capital. Thus, an effective risk management process that maintains interest rate risk within prudent levels is essential to the safety and soundness of FIs. 1. Sources of interest rate risk a. Re-pricing risk This is the most common type of interest rate risk and arises from differences in the maturity (for fixed-rate instruments) and re-pricing (for floating-rate instruments) of an FIs assets, liabilities and off-balance sheet (OBS) positions. While such re-pricing mismatches are fundamental to the business of financial intermediation, they also expose an FIs earnings and underlying economic value to changes based on fluctuations in market interest rates. b. Basis risk Basis risk arises from imperfect correlations among the various interest rates earned and paid on financial instruments with otherwise similar repricing characteristics. A shift in the relationship between these rates or interest rates in different markets can give rise to unexpected changes in the cash flows and earnings spread between assets, liabilities and OBS instruments of similar maturities or re-pricing frequencies.
c. Yield curve risk Yield curve risk is the risk that rates of different maturities may change by a different magnitude. It arises from variations in the movement of interest rates across the maturity spectrum of the same index or market. Yield curves can steepen, flatten or even invert. Unanticipated shifts of the yield curve may have adverse effects on an FIs earnings or underlying economic value. d. Option risk Option risk is the risk that the payment patterns of assets and liabilities will change when interest rates change. Formally, an option gives the option holder the right, but not the obligation to buy, sell, or in some manner alter the cash flow of an instrument or financial contract. Options may be standalone instruments or may be embedded within otherwise standard instruments. Examples of instruments with embedded options include various types of bonds, notes, loans or even deposits which give a counterparty the right to prepay or even extend the maturity of an instrument or to change the rate paid. In some cases, the holder of an option can force a counterparty to pay additional notional, or to forfeit notional already paid. The option holders ability to choose to alter cash flows creates an asymmetric performance pattern. If not adequately managed, the asymmetrical payoff characteristics of instruments with optionality can pose significant risk particularly to those who sell the options, since the options held, both explicit and embedded, are generally exercised to the advantage of the holder and the disadvantage of the seller. 2. Measuring the effects of interest rate risk. Changes in interest rates affect both earnings and the economic value of an FI. This has given rise to two separate, but complementary, perspectives for evaluating an FIs exposure to interest rate risk.
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Exposure to earnings typically receives the most attention. Many FIs use a modified interest rate gap or earnings simulation model to forecast earnings over a running next twelve (12) month time horizon under a variety of interest rate scenarios. Given that a large portion of a typical FIs liabilities and even assets re-price in less than one (1) year, there is value in such a system. For example, earnings are a key measure in determining if the board of directors is creating value for the shareholders. However, earnings over the next twelve (12) months do not present a complete picture of an FIs exposure to interest rate risk. Many FIs hold assets such as bonds and fixed rate loans with extended terms. The full effect of changes in interest rates on the value of these assets cannot be fully captured by a short-term earnings model. Thus, it is also important to consider a more comprehensive picture of the FIs exposure to interest rate risk through an assessment of the FIs economic value. The BSP will not consider market risk to be well managed unless the FI has fully implemented an effective risk measurement system whose sophistication is commensurate with the nature and complexity of the risk assumed. Smaller FIs with non-complex single currency balance sheets may be able to use a single noncomplex measurement methodology, such as re-pricing gap analysis to manage their interest rate risk. However, large commercial or universal banks with complex, multi-currency balance sheets, or FIs that accept large exposures of interest rate risk relative to capital will be expected to measure interest rate risk through a combination of earnings simulation and economic value. Trading activities should continue to be managed through the use of an effective, and independently validated Value-at-Risk (VaR) methodology. a. Earnings perspective An FI should consider how changes in interest rates may affect future earnings.
The focus of analysis under the earnings perspective is the impact of changes in interest rates on accrual or reported earnings. Volatility in earnings should be monitored and controlled because reduced earnings or outright losses can threaten the financial stability of an FI by undermining its capital adequacy. Further, unexpected volatility in earnings can undermine an FIs reputation and result in an erosion of public confidence. Fluctuations in interest rates generally have the greatest impact on reported earnings through changes in net interest income (i.e., the difference between total interest income and total interest expense). Thus, the BSP will expect FIs to adopt systems that are capable of estimating changes to net interest income under a variety of interest rate scenarios. For example, non-complex FIs with traditional business lines and balance sheets could potentially limit their simulations to a single +100 basis point parallel rate shock. However, FIs that hold significant levels of derivatives and structured products relative to capital should incorporate more severe rate movements (e.g. +100, 200 and 300 basis points) to determine what happens if strike prices are breached or events are triggered. Further, the BSP will expect an FI to employ alternative scenarios such as changes to the shape of the yield curve if the FI is exposed to significant levels of yield curve or basis risk. Changes in market interest rates may also affect the volume of activities that generate fee income and other non-interest income. Thus, FIs should incorporate a broader focus on overall net income incorporating both interest and non-interest income and expenses if the FI reports significant levels of interest rate sensitive non-interest income. b. Economic value perspective The economic value of an FI can be viewed as the present value of an FIs
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expected net cash flows, defined as the expected cash flows from assets minus the expected cash flows from liabilities plus the expected net cash flows on OBS positions. As such, it provides a more comprehensive view of the potential longterm effects of changes in interest rates than is offered by the earnings perspective. While a variety of models are available, the BSP expects that economic value models will incorporate all significant classes of assets, liabilities and OBS. As with earnings at risk, the FI should incorporate a variety of interest rate scenarios to ensure that any strike prices, caps, limits, or events are breached in the simulation. Also, FIs with significant levels of basis or yield curve risk are expected to add scenarios such as alternative correlations between interest rates and/or a flatter or steeper yield curve. Managing earnings and economic exposures Management must make certain tradeoffs when immunizing earnings and economic value from interest rate risk. When earnings are immunized, economic value becomes more vulnerable, and vice versa. The economic value of equity, like that of other financial instruments, is a function of the discounted net cash flows it is expected to earn in the future. If an FI has immunized earnings, such that expected earnings remain constant for any change in interest rates, the discounted value of those earnings will be lower if interest rates rise. Hence, its economic value will fluctuate with rate changes. Conversely, if an FI fully immunizes its economic value, its periodic earnings must increase when rates rise and decline when interest rates fall. b. Foreign exchange risk Foreign exchange risk (FX risk) is the risk to earnings or capital arising from changes in foreign exchange rates. In contracting to meet clients foreign currency needs or simply buying and
selling foreign exchange for its own account, an FI undertakes a risk that exchange rates might change subsequent to the time the contract is consummated. Foreign exchange risk may also arise from maintaining an open foreign exchange (FX) position. Thus, managing FX risk includes monitoring an FIs net FX position. An FI has a net position in a foreign currency when its assets, including spot and future contracts to purchase, and its liabilities, including spot and future contracts to sell, in that currency are not equal. An excess of assets over liabilities is called a net long position and liabilities in excess of assets, a net short position. It should be noted that when engaging in FX activities, FIs are also exposed to other risks including liquidity and credit risks, particularly related to the settlement of FX contracts. FIs should have an integrated approach to risk management in relation to its FX activities: FX risk should be reviewed together with other risks to determine the FIs overall risk profile. Liquidity and settlement risks related to FX activities are outside the scope of these guidelines. Nevertheless, future guidelines may be issued on these risk areas. V. Sound market risk management practices When assessing an FIs market risk management system, the BSP expects an FI to address the four (4) basic elements of a sound risk management system: 1. Active and appropriate Board and senior management oversight; 2. Adequate risk management policies and procedures; 3. Appropriate risk measurement methodologies, limits structure, monitoring and management information systems; and 4. Comprehensive internal controls and independent audits. The specific manner in which an FI applies these elements in managing its market risk will depend upon the
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complexity and nature of its activities, as well as the level of market risk exposure assumed. What constitutes adequate market risk management practices can therefore vary considerably. Regardless of the systems used, the BSP will not consider market risk to be well managed unless all four of the above elements are deemed to be at least satisfactory. As with other risk factor categories, banking groups (banks and subsidiaries/ affiliates) should monitor and manage market risk exposures of the group on a consolidated and comprehensive basis. At the same time, however, FIs should fully recognize any legal distinctions and possible obstacles to cash flow movements among affiliates and adjust their risk management practices accordingly. While consolidation may provide a comprehensive measure in respect of market risk, it may also underestimate risk when positions in one affiliate are used to offset positions in another affiliate. This is because a conventional accounting consolidation may allow theoretical offsets between such positions from which an FI may not in practice be able to benefit because of legal or operational constraints. A. Active and appropriate board and senior management oversight1 Effective board and senior management oversight of an FIs market risk activities is critical to a sound market risk management process. It is important that these individuals are aware of their responsibilities with regard to market risk management and how market risk fits within the organizations overall risk management framework. Responsibilities of the board of directors The board of directors has the ultimate responsibility for understanding the
nature and the level of market risk taken by the FI. In order to carry out its responsibilities, the Board should: 1. Establish and guide the FIs strategic direction and tolerance for market risk. While it is not possible to provide a comprehensive list of documents to consider, the BSP should see a clear and documented pattern whereby the Board reviews, discusses and approves strategies and policies with respect to market risk management. In addition, there should be evidence that the Board periodically reviews and discusses the overall objectives of the FI with respect to the level of market risk acceptable to the FI. 2. Identify senior management who has the authority and responsibility for managing market risk and ensure that senior management takes the necessary steps to monitor and control market risk consistent with the approved strategies and policies. The BSP should be able to discern a clear hierarchal structure with a clear assignment of responsibility and authority. 3. Monitor the FIs performance and overall market risk profile, ensuring that the level of market risk is maintained within tolerance and at prudent levels supported by adequate capital. The Board should be regularly informed of the market risk exposure of the FI and any breaches to established limits for appropriate action. Reporting should be timely and clearly presented. In assessing an FIs capital adequacy for market risk, the Board should consider the FIs current and potential market risk exposure as well as other risks that may impair the FIs capital, such as credit, liquidity, operational, strategic, and reputation risks.
This section refers to a management structure composed of a board of directors and senior management. The BSP is aware that there may be differences in some FIs as regards the organizational framework and functions of the board of directors and senior management. For instance, branches of foreign banks have board of directors located outside of the Philippines and are overseeing multiple branches in various countries. In this case, board-equivalent committees are appointed. Owing to these differences, the notions of the board of directors and the senior management are used in these guidelines not to identify legal constructs but rather to label two decision-making functions within a FI.
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4. Ensure that the FI implements sound fundamental principles that facilitate the identification, measurement, monitoring and control of market risk. The board of directors should encourage discussions among its members and senior management as well as between senior management and others in the FI regarding the FIs market risk exposures and management process. 5. Ensure that adequate resources, both technical and human resources, are devoted to market risk management. While board members need not have detailed technical knowledge of complex financial instruments, legal issues or sophisticated risk management techniques, they have the responsibility to ensure that the FI has personnel available who have the necessary technical skills to evaluate and control market risk. This responsibility includes ensuring that there is continuous training of personnel on market risk management and providing competent technical staff for the internal audit function. Responsibilities of senior management Senior management is responsible for ensuring that market risk is adequately managed for both long-term and day-today basis. In managing the FIs activities, senior management should: 1. Develop and implement policies, procedures and practices that translate the boards goals, objectives and risk tolerances into operating standards that are well understood by personnel and that are consistent with the boards intent. Senior management should also periodically review the organizations market risk management policies and procedures to ensure that they remain appropriate and sound. 2. Ensure adherence to the lines of authority and responsibility that the board has established for measuring, managing, and reporting market risk exposures.
3. Maintain appropriate limits structure, adequate systems for measuring market risk, and standards for measuring performance. 4. Oversee the implementation and maintenance of management information and other systems to identify, measure, monitor, and control the FIs market risk. 5. Establish effective internal controls over the market risk management process. 6. Ensure that adequate resources are available for evaluating and controlling market risk. Senior management of FIs, including branches of foreign banks, should ensure that analysis and market risk management activities are conducted by competent staff with technical knowledge and experience consistent with the nature and scope of the FIs activities. There should be sufficient depth in staff resources to manage these activities and to accommodate the temporary absence of key personnel and normal succession. In evaluating the quality of oversight, the BSP shall evaluate how the board and senior management carry out the above functions/ responsibilities. Further, sound management oversight is highly related to the quality of other areas/elements of an FIs risk management system. Thus, even if board and senior management exhibit active oversight, the FIs policies, procedures, measurement methodologies, limits structure, monitoring and information systems, controls and audit must be considered adequate before quality of board and senior management can be considered at least satisfactory. Lines of responsibility and authority FIs should clearly define the individuals and/or committees responsible for managing market risk and should ensure that there is adequate separation of duties in key elements of the risk management process to avoid potential conflicts of interest. Management should ensure that sufficient safeguards exist to minimize the potential that individuals initiating risk-taking
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positions may inappropriately influence key control functions of the market risk management process. FIs should therefore have risk measurement, monitoring, and control functions with clearly defined duties that are sufficiently independent from position-taking functions of the FI and which report risk exposures directly to the board of directors. The nature and scope of safeguards to minimize potential conflicts of interest should be in accordance with the size and structure of an FI. Larger or more complex FIs should have a designated independent unit responsible for the design and administration of the FIs market risk measurement, monitoring and control functions. B. Adequate risk management policies and procedures An FIs market risk policies and procedures should be clearly defined, documented and duly approved by the board of directors. Policies and procedures should be consistent with the nature and complexity of the FIs activities. When reviewing banking groups, the BSP will assess whether adequate and effective policies and procedures have been adopted and implemented across all levels of the organization. Policies and procedures should delineate lines of responsibility and accountability and should clearly define authorized instruments, hedging strategies, positiontaking opportunities, and the market risk models used to quantify market risk. Market risk policies should also identify quantitative parameters that define the acceptable level of market risk for the FI. Where appropriate, limits should be further specified for certain types of instruments, portfolios, and activities. All market risk policies should be reviewed periodically and revised as needed. Management should define the specific procedures to be used for identifying,
reporting and approving exceptions to policies, limits, and authorizations. It is important that FIs identify market risk, as well as other risks, inherent in new products and activities and ensure these are subject to adequate procedures and controls before the new products and activities are introduced or undertaken. Specifically, new products and activities should undergo a careful pre-acquisition review to ensure that the FI understands their market risk characteristics and can incorporate them into its risk management process. Major hedging or risk management initiatives should be approved in advance by the board or its appropriate delegated committee. Proposals and the subsequent new product/activity review should be formal and written. For purposes of managing market risk inherent in new products, proposals should, at a minimum, contain the following features: 1. Description of the relevant product or strategy; 2. Use/purpose of the new product/ activity; 3. Identification of the resources required and unit/s responsible for establishing sound and effective market risk management of the product or activity; 4. Analysis of the reasonableness of the proposed activities in relation to the FIs overall financial condition and capital levels; and 5. Procedures to be used to measure, monitor, and control the risks of the proposed product or activity. C. Appropriate risk measurement methodologies, limits structure, monitoring, and management information system Market risk measurement models/ methodologies It is essential that FIs have market risk measurement systems that capture all material sources of market risk and that assess the effect of changes in market risk
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factors in ways that are consistent with the scope of their activities. Depending upon the size, complexity, and nature of activities that give rise to market risk, the ability to capture all material sources of market risk in a timely manner may require an FIs market risk measurement system to be interfaced with other systems, such as the treasury system or loan system. The assumptions underlying the measurement system should be clearly understood by risk managers and senior management. Market risk measurement systems should: 1. Assess all material market risk associated with an FIs assets, liabilities, and OBS positions; 2. Utilize generally accepted financial concepts and risk measurement techniques; and 3. Have well-documented assumptions and parameters. There are a number of methods/ techniques for measuring market risks. Complexity ranges from simple marking-tomarket or valuation techniques to more advanced static simulations using current holdings to highly sophisticated dynamic modeling techniques that reflect potential future business activities. In designing market risk measurement systems, FIs should ensure that the degree of detail regarding the nature of their positions is commensurate with the complexity and risk inherent in those positions. At a minimum, smaller non-complex FIs should have the ability to mark-to-market or revalue their investment portfolio and construct a simple re-pricing gap. When using gap analysis, the precision of interest rate risk measurement depends in part on the number of time bands into which positions are aggregated. Clearly, aggregation of positions/cash flows into broad time bands implies some loss of precision. In addition, the use of reasonable and valid assumptions is important for a measurement system to be precise. In
practice, the FI must assess the significance of the potential loss of precision in determining the extent of aggregation and simplification to be built into the measurement approach. Assumptions and limitations of the measurement approach, such as the loss of precision, should be documented. On the other hand, banks holding an expanded derivatives license and FIs engaging in options or structured products with embedded options cannot capture all material sources of market risk by using static models such as the re-pricing gap. These FIs should have interest rate risk measurement systems that assess the effects of rate changes on both earnings and economic value. These systems should provide meaningful measures of an FIs current levels of interest rate risk exposure, and should be capable of identifying any excessive exposures that might arise. Pricing models and simulation techniques will probably be required. There is also a question on the extent to which market risk should be viewed on a whole institution basis or whether the trading book, which is marked to market, and the accrual book, which is often not, should be treated separately. As a general rule, it is desirable for any measurement system to incorporate market risk exposures arising from the full scope of an FIs activities, including both trading and nontrading sources. A single measurement system can facilitate analysis of market risk exposure. However, this does not preclude different measurement systems and risk management approaches being used for similar or different activities. For example, a bank with expanded derivatives license will use pricing models as basic tools in valuing position from its derivatives activities and structured products. In addition, the bank should use simulation models to assess the potential effects of changes in market risk factors by simulating the future path of market risk factors and their impact on cash flows from these activities.
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Different methodologies may also be applied to the trading and accrual books. Regardless of the number of models or measurement systems used, management should have an integrated view of market risk across products and business lines. Regardless of the measurement system used, the BSP will expect the FI to ensure that input data are timely and correct, assumptions can be supported and are valid, the methodologies used produce accurate results, and the results can be easily understood by senior management and the board. (1) Model input. All market risk measurement methodologies require various types of inputs, including hard data, readily observable parameters such as asset prices, and both quantitatively and qualitativelyderived assumptions. This applies equally to simple gap as well as complex simulation models. The integrity and timeliness of data is a key component of the market risk measurement process. The BSP expects that adequate controls will be established to ensure that all material positions and cash flows from on- and off- balance sheet positions are incorporated into the measurement system on a consistent and timely basis. Inputs should be verified through a process that validates data integrity. Assumptions and inputs should be subject to control and oversight review. Any manual adjustments to underlying data should be documented, and the nature and reasons for the adjustments should also be clearly understood. Critical to model accuracy is the validity of underlying assumptions. Assumptions regarding maturity of deposits, for example, are critical in measuring interest rate risk. The treatment of positions where behavioral maturity is different from contractual maturity requires the use of assumptions and may complicate the measurement of interest rate risk exposure, particularly when using the
economic value approach. The validity of correlation assumptions to aggregate market risk exposures is likewise important as breakdowns in correlations may significantly affect the validity of model results. Key assumptions should therefore be subject to rigorous documentation and review. Any significant changes should be approved in advance by the board of directors. (2) Model risk. While accuracy is key to an effective market risk measurement system, methodologies cannot be expected to flawlessly predict potential losses arising from market risk. The use of models introduces the potential for model risk. Thus, model risk is the risk of loss arising from inaccurate or incorrect quantification of market risk exposures due to weaknesses in market risk methodologies. It may arise from relying on assumptions that are inconsistent with market realities, from employing input parameters that are unreliable, or from calibrating, applying and implementing models incorrectly. Model risk is more likely to arise for instruments that have non-standard or option-like features. The use of proprietary models that employ unconventional techniques that are not widely agreed upon by market participants is likewise more sensitive to model risk. Even the use of standard models may lead to errors if the financial tools are not appropriate for a given instrument. The BSP expects FIs to implement effective policies and procedures to manage model risk. The scope of policies and procedures will depend upon the type and complexity of models developed or purchased. However, FIs holding an expanded license or significant levels of complex investments including structured products, should at a minimum implement the following controls: a. Model development/acquisition, implementation and revisions. The BSP expects larger, complex FIs to adopt policies
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governing development/acquisition, implementation and revision of market risk models. These policies should clearly define the responsibilities of staff involved in the development/acquisition process. FIs should ensure that modeling techniques and assumptions are consistent with widely accepted financial theories and market practices. Policies and procedures should be duly approved by the board of directors and properly documented. An inventory of the models in use should be maintained along with documentation explaining how they operate. The BSP also expects that revisions to models will be performed in a controlled environment by authorized personnel and changes should be made or verified by a control function. Written policies should specify when changes to models are acceptable and how those revisions should be accomplished. b. Model validation. Before models are authorized for use, they should be validated by individuals who are neither directly involved in the development process nor responsible for providing inputs to the model. Independent model validation is a key control in the model development process and should be specifically addressed in an FIs policies. Further, the BSP expects that the staff validating the models will have the necessary technical expertise. A sound validation process should rigorously and comprehensively evaluate the sensitivity of the model to material sources of model risk and includes the following: 1. Tests of internal logic and mathematical accuracy; 2. Development of empirical support for the models assumptions; 3. Back-testing. The BSP expects FIs to conduct backtesting of model results. Backtesting is a method of periodically evaluating the accuracy and predictive capability of an FIs market risk measurement system by monitoring and comparing actual movements
in market prices or market risk factors with projections produced by the model. To be more effective, back-testing should be conducted by parties independent of those developing or using the model. Policies should address the scope of the back-testing process, frequency of back-testing, documentation requirements, and management responses. Complex models should be back-tested continually while simple models can be back-tested periodically. Significant discrepancies should prompt a model review. 4. Periodic review of methodologies and assumptions. The BSP expects that FIs will periodically review or reassess their modeling methodologies and assumptions. Again, the frequency of review will depend on the model but complex models should be reviewed at least once a year, when changes are made, or when a new product or activity is introduced. Model review could also be prompted when there is a need for the model to be updated to reflect changes in the FI or market. The review process should be performed by an independent group as it is considered to be part of the risk control and audit function. The use of vendor models can present special challenges, as vendors often claim proprietary privilege to avoid disclosing information about their models. Thus, FIs may be constrained from performing validation procedures related to internal logic, mathematical accuracy and model assumptions. However, vendors should provide adequate information on how the models were constructed and validated so that FIs have reasonable assurances that the model works as intended. c. Stress testing. The underlying statistical models used to measure market risk summarize the exposures that reflect the most probable market conditions. Regardless of size and complexity of activities, the BSP expects FIs to supplement their market risk measurement models with stress tests. Stress testing are simulations that show how a
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portfolio or balance sheet might perform during extreme events or highly volatile markets. Stress testing should be designed to provide information on the kinds of conditions under which the FIs strategies or positions would be most vulnerable. Thus stress tests must be tailored to the risk characteristics of the FI. Possible stress scenarios might include abrupt changes in the general level of interest rates, changes in the relationships among key market rates (i.e., basis risk), changes in the slope and the shape of the yield curve (i.e., yield curve risk), changes in the liquidity of key financial markets, or changes in the volatility of market rates. In addition, stress scenarios should include conditions under which key business assumptions and parameters break down. The stress testing of assumptions used for illiquid instruments and instruments with uncertain contractual maturities are particularly critical to achieving an understanding of the FIs risk profile. When conducting stress tests, special consideration should be given to instruments or markets where concentrations exist. FIs should consider also worst case scenarios in addition to more probable events. Further, the BSP will expect FIs with material market risk exposure, particularly from derivatives and/or structured products to supplement their stress testing with an analysis of their exposure to interconnection risk. While stress testing typically considers the movement of a single market factor (e.g., interest rates), interconnection risk considers the linkages across markets (e.g., interest rates and foreign exchange rates) and across the various categories of risk (e.g., credit, and liquidity risk). For example, stress from one market may transmit shocks to other markets and give rise to otherwise dormant risks, such as liquidity risk. Evaluating
interconnected risk involves assessing the total or aggregate impact of singular events. Guidelines for performing stress testing should be detailed in the risk management policy statement. Management and the board of directors should periodically review the design, major assumptions, and the results of such stress tests to ensure that appropriate contingency plans are in place. (3) Model output. Reports should be provided to senior management and the board as a basis for making decisions. Report content should be clear and straightforward, indicating the purpose of the model, significant limitations, the quantitative level of risk estimated by the simulation, a comparison to Board approved limits and a qualitative discussion regarding the appropriateness of the FIs current exposures. Sophisticated simulations should be used carefully so that they do not become black boxes producing numbers that have the appearance of precision but may not be very accurate when their specific assumptions and parameters are revealed. Market limits structure The FIs board of directors should set the institutions tolerance for market risk and communicate that tolerance to senior management. Based on these tolerances, senior management should establish appropriate risk limits, duly approved by the Board, to maintain the FIs exposure within the set tolerances over a range of possible changes in market risk factors such as interest rates. Limits represent the FIs actual willingness and ability to accept real losses. In setting risk limits, the board and senior management should consider the nature of the FIs strategies and activities, past performance, and management skills. Most importantly, the board and senior management should consider the level of the FIs earnings and capital and ensure that
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both are sufficient to absorb losses equal to the proposed limits. Limits should be approved by the board of directors. Furthermore, limits should be flexible to changes in conditions or risk tolerances and should be reviewed periodically. An FIs limits should be consistent with its overall approach to measuring market risk. At a minimum, FIs using simple gap should establish limits on mismatches in each time bucket on a stand-alone and cumulative basis. In addition, limits should be adopted to control potential losses in the investment portfolio to a pre-set percentage of capital. Larger, more complex FIs should establish limits on the potential impact of changes in market risk factors on reported earnings or/and the FIs economic value of equity. Market risk limits may include limits on net and gross positions, volume limits, stop-loss limits, value-at-risk limits, re-pricing gap limits, earnings-at-risk limits and other limits that capture either notional or (un)expected loss exposures. In assigning interest rate risk limits under the earnings perspective, FIs should explore limits on the variability of net income as well as net interest income in order to fully assess the contribution of non-interest income to the interest rate risk exposure of the FI. Such limits usually specify acceptable levels of earnings volatility under specified interest rate scenarios. For example, interest rate risk limits may be keyed to specific scenarios of movements in market interest rates such as an increase or decrease of a particular magnitude. The rate movements used in developing these limits should represent meaningful stress situations taking into account historic rate volatility and the time required for management to address exposures. Limits may also be based on measures derived from the underlying statistical distribution of interest rates, such as earnings at risk or economic value-at-risk techniques. Moreover, specified scenarios should take
account of the full range of possible sources of interest rate risk to the FI including repricing, yield curve, basis, and option risks. Simple scenarios using parallel shifts in interest rates may be insufficient to identify such risks. This is particularly important for FIs with significant exposures to these sources of market risk. The form of limits for addressing the effect of rates on an FIs economic value of equity should be appropriate for the size and complexity of its underlying positions. For FIs engaged in traditional banking activities, relatively simple limits may suffice. However, for FIs with significant holdings of long-term instruments, options, instruments with embedded options, or other structured instruments, more detailed limit systems may be required. Depending on the nature of an FIs holdings and its general sophistication, limits can also be identified for individual business units, portfolios, instrument types, or specific instruments. The level of detail of risk limits should reflect the characteristics of the FIs holdings including the various sources of market risk the FI is exposed to. The BSP also expects that the limits system will ensure that positions that exceed predetermined levels receive prompt management attention. Limit exceptions should be communicated to appropriate senior management without delay. Policies should include how senior management will be informed and what action should be taken by management in such cases. Particularly important is whether limits are absolute in the sense that they should never be exceeded or whether, under specific circumstances, breaches of limits can be tolerated for a short period of time. The circumstances leading to a tolerance of breaches should be clearly described. Market risk monitoring and reporting An accurate, informative, and timely management information system is
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essential for managing market risk exposures both to inform management and to support compliance with board policy. Reporting of risk measures should be done regularly and should clearly compare current exposure to policy limits. In addition, past forecasts or risk estimates should be compared with actual results to identify any modeling shortcomings. Reports detailing the market risk exposure of the FI should be reviewed by the board on a regular basis. While the types of reports prepared for the board and for various levels of management will vary based on the FIs market risk profile, they should at a minimum include the following: 1. Summaries of the FIs aggregate exposures; 2. Reports demonstrating the FIs compliance with policies and limits; 3. Summary of key assumptions, for example, non-maturity deposit behavior, prepayment information, and correlation assumptions; 4. Results of stress tests, including those assessing breakdowns in key assumptions and parameters; and 5. Summaries of the findings of reviews of market risk policies, procedures, and the adequacy of the market risk measurement systems, including any findings of internal and external auditors and retained consultants. D. Risk controls and audit Adequate internal controls ensure the integrity of an FIs market risk management process. These internal controls should be an integral part of the institutions overall system of internal control and should promote effective and efficient operations, reliable financial and regulatory reporting, and compliance with relevant laws, regulations, and institutional policies. An effective system of internal control for market risk includes: 1. A strong control environment; 2. An adequate process for identifying and evaluating risk;
3. The establishment of control activities such as policies, procedures, and methodologies; 4. Adequate information systems; 5. Continual review of adherence to established policies and procedures; and 6. An effective internal audit and independent validation process. Policies and procedures should specify the approval processes, exposure limits, reconciliations, reviews, and other control mechanisms designed to provide a reasonable assurance that the institutions market risk management objectives are achieved. Many attributes of a sound risk management process, including risk measurement, monitoring, and control functions, are actually key aspects of an effective system of internal control. FIs should ensure that all aspects of the internal control system are effective, including those aspects that are not directly part of the risk management process. An important element of an FIs internal control system is regular evaluation and review. The BSP expects that FIs will establish a process to ensure that its personnel are following established policies and procedures, and that its procedures are actually accomplishing their intended objectives. Such reviews and evaluations should also address any significant change that may impact the effectiveness of controls, and that appropriate follow-up action was implemented when limits were breached. Management should ensure that all such reviews and evaluations are conducted regularly by individuals who are independent of the function they are assigned to review. When revisions or enhancements to internal controls are warranted, there should be a mechanism in place to ensure that these are implemented in a timely manner. Independent reviews of the market risk measurement system should also include assessments of the assumptions,
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parameters, and methodologies used. Such reviews should seek to understand, test, and document the current measurement process, evaluate the systems accuracy, and recommend solutions to any identified weaknesses. If the measurement system incorporates one or more subsidiary systems or processes, the review should include testing aimed at ensuring that the subsidiary systems are well-integrated and consistent with each other in all critical respects. The results of this review, along with any recommendations for improvement, should be reported to senior management and/or the board. The BSP expects that FIs with complex risk exposures should have their measurement, monitoring, and control functions reviewed on a regular basis by an independent party (such as an internal or external auditor). In such cases, reports written by external auditors or other outside parties should be available to the BSP. It is essential that any independent reviewer ensures that the FIs risk measurement system is sufficient to capture all material elements of market risk, whether arising from on- or off-balance-sheet activities. Among the items that an audit should review and validate are: 1. The appropriateness of the FIs risk measurement system(s) given the nature, scope, and complexity of its activities. 2. The accuracy and completeness of the data inputs - This includes verifying that balances and contractual terms are
correctly specified and that all major instruments, portfolios, and business units are captured in the model. The review should also investigate whether data extracts and model inputs have been reconciled with transactions and general ledger systems.1 3. The reasonableness and validity of scenarios and assumptions This includes a review of the appropriateness of the interest rate scenarios as well as customer behaviors and pricing/volume relationships to ensure that these assumptions are reasonable and internally consistent.2 4. The validity of the risk measurement calculations - The scope and formality of the measurement validation will depend on the size and complexity of the FI. At large FIs, internal and external auditors may have their own models against which the FIs model is tested. FIs with more complex risk profiles and measurement systems should have the model or calculations audited or validated by an independent source. At smaller and less complex FIs, periodic comparisons of actual performance with forecasts may be sufficient.3 The frequency and extent to which an FI should re-evaluate its risk measurement methodologies and models depend, in part, on the particular market risk exposures created by holdings and activities, the pace and nature of market rate changes, and the pace and complexity of innovation with respect to measuring and managing market risk.
1 It is acceptable for parts of the reconciliation to be automated; e.g., routines may be programmed to investigate whether the balances being extracted from various transaction systems match the balances recorded on the FIs general ledger. Similarly, the model itself often contains various audit checks to ensure, for example, that maturing balances do not exceed original balances. 2 Key areas of review include the statistical methods that were used to generate scenarios and assumptions (if applicable), and whether senior management reviewed and approved key assumptions. The review should also compare actual pricing spreads and balance sheet behavior to model assumptions. For some instruments, estimates of value changes can be compared with market value changes. Unfavorable results may lead the FI to revise model relationships. 3 The validity of the model calculations is often tested by comparing actual with forecasted results. When doing so, FIs can compare projected net income results with actual earnings. Reconciling the results of economic valuation systems can be more difficult because market prices for all instruments are not always readily available, and the FI does not routinely mark all of its balance sheet to market. For instruments or portfolios with market prices, these prices are often used to benchmark or check model assumptions.
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VI. Capital adequacy In addition to adequate risk management systems and controls, capital has an important role to play in mitigating and supporting market risk. FIs must hold capital commensurate with the level of market risk they undertake. As part of sound market risk management, FIs must translate the level of market risk they undertake whether as part of their trading or non-trading activities, into their overall evaluation of capital adequacy. Where market risk is undertaken as part of an FIs trading activities, existing capital adequacy ratio requirements shall prevail. The BSP will periodically evaluate the market risk measurement system for the accrual book to determine if the FIs capital is adequate to support its exposure to market risk and whether the internal measurement systems of the FI are adequate. In performing this assessment, the BSP may require information regarding the market risk exposure of the FI, including re-pricing gaps, earnings and economic value simulation estimates, and the results of stress tests. This information will typically be found in internal management reports. If an FIs internal measurement system does not adequately capture the level of market risk, the BSP may require an FI to
improve its system. In cases where an FI accepts significant market risk in its accrual book, the BSP expects that a portion of capital will be allocated to cover this risk. When performing these evaluations, the BSP will determine if: (a) All material market risk associated with an institutions assets, liabilities, and OBS positions in the accrual book are captured by the risk management systems; (b) Generally accepted financial concepts and risk measurement techniques are utilized. For larger, complex FIs, internal systems must be capable of measuring risk using both an earnings and economic value approach. (c) Data inputs are adequately specified (commensurate with the nature and complexity of an FIs holdings) with regard to rates, maturities, re-pricing, embedded options, and other details; (d) The systems assumptions (used to transform positions into cash flows) are reasonable, properly documented, and stable over time.1 (e) Market risk measurement systems are integrated into the institutions daily risk management practices. The output of the systems should be used in characterizing the level of market risk to senior management and board of directors.
This is especially important for assets and liabilities whose behavior differs markedly from contractual maturity or re-pricing, and for new products. Material changes to assumptions should be documented, justified, and approved by management.
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GUIDELINES ON LIQUIDITY RISK MANAGEMENT

(Appendix to Sec. X175) Background The on-going viability of institutions, particularly financial organizations, is heavily influenced by their ability to manage liquidity. Innovations in investment and funding products, growth in off-balance sheet activities and continuous competition for consumer funds have affected the way FI do business and intensified the need for proactive liquidity risk management. FIs need to fully understand, measure and control the resulting liquidity risk exposures. II. Statement of Policy For purposes of these guidelines, FI include banks, NBFIs supervised by the BSP and their financial subsidiaries. The BSP recognizes the liquidity risk inherent in FI activities and how these activities expose an FI to multiple risks which may increase liquidity risk. The BSP will not restrict risk-taking activities as long as FIs are authorized to engage in such activities and: 1. Understand, measure, monitor and control the risk they assume; 2. Adopt risk management practices whose sophistication and effectiveness is commensurate to the risk assumed; and 3. Maintain capital commensurate with their risk exposures. The principles set forth in these guidelines shall be used to determine the level and trend of liquidity risk exposure and adequacy and effectiveness of an FIs liquidity risk management process. In evaluating the adequacy of an FIs liquidity position, the BSP shall consider the FIs current level and prospective sources of liquidity as compared to its funding needs. Further, the BSP will evaluate the adequacy of funds management practices I. relative to the FIs size, complexity, and risk profile. In general, liquidity risk management practices should ensure that an institution is able to maintain a level of liquidity sufficient to meet its financial obligations in a timely manner and to fulfill the legitimate funding needs of its community. Practices should reflect the ability of the institution to manage unplanned changes in funding sources, as well as react to changes in market conditions that affect the ability to quickly liquidate assets with minimal loss. In addition, funds-management practices should ensure that liquidity is not consistently maintained at a high cost, from concentrated sources, or through undue reliance on funding sources that may not be available in times of financial stress or adverse changes in market conditions. In evaluating the above parameters, the BSP shall consider the following factors: 1. The actual and potential level of liquidity risk posed by the FIs products and services, balance sheet structure and offbalance sheet activities; 2. The cost of an FIs access to money markets and other alternative sources of funding; 3. The diversification of funding sources (on and off-balance sheet); 4. The adequacy and effectiveness of board and senior management oversight, particularly the Boards ability to recognize the effects of interrelated risk areas, such as market and reputation risks, to liquidity risk; 5. The reasonableness of liquidity risk limits and controls in relation to earnings, as affected by the cost of access to money markets and other alternative sources of funding, and capital; 6. The adequacy of measurement methodologies, monitoring and management information systems;
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7. The adequacy of foreign currency liquidity management; 8. The appropriateness and reasonableness of contingency plans for handling liquidity crises; 9. The adequacy of internal controls and audit of liquidity risk management process. The sophistication of liquidity risk management shall depend on the size, nature and complexity of an FIs activities. However, in all instances, FIs are expected to measure their liquidity position on an ongoing basis, analyze net funding requirements under alternative scenarios, diversify funding sources and adopt contingency funding plans. An FIs liquidity risk management system shall be assessed under the FIs general risk management framework, consistent with the guidelines on supervision by risk as set forth under Appendix 72. If an FIs risk exposures are deemed excessive relative to the FIs capital, or that the risk assumed is not well managed, the BSP will direct the FI to reduce its exposure and/or strengthen its risk management system. III. Liquidity Risk Management Process Liquidity risk management process should be tailored to an FIs structure and scope of operations and application can vary across institutions. Regardless of the structure, an FIs liquidity risk management process should be consistent with its general risk management framework and should be commensurate with the level of risk assumed. At a minimum, the process should: 1. Identify liquidity risk. Proper identification of liquidity risk requires that management understand both existing risk and prospective risks from new products and activities. It involves determining the volume and trends of liquidity needs and the sources of liquidity available to meet these needs. Identifying liquidity risk necessitates expressing the FIs desired level of risk exposure based on its ability and willingness to assume risk which may primarily depend
on the FIs capital base and access to funds providers. Liquidity risk identification should be a continuing process and should occur at both the transaction, portfolio and entity level. 2. Measure liquidity risk. Adequate measurement systems enable FIs to quantify liquidity risk exposures on a per entity basis and across the consolidated organization. A relatively large organization with extensive scope of operations would generally require a more robust management information system to properly measure risk in a timely and comprehensive manner. 3. Control liquidity risk. The FI should establish policies and standards on acceptable product types, activities, counterparties and set risk limits on a transactional, portfolio and aggregate/consolidated basis to control liquidity risk. In setting limits, the FI should recognize any legal distinctions and possible obstacles to cash flow movements among affiliates or across separate books. Lines of authority and accountability should be clearly defined to ensure liquidity risk exposures remain reasonable and within the risk tolerance expressed by the board. 4. Monitor liquidity risk. Monitoring liquidity risk requires timely review of liquidity risk positions and exceptions, including dayto-day liquidity management. Monitoring reports should be frequent, timely, and accurate and should be distributed to appropriate levels of management. IV. Definition of Liquidity Risk Liquidity risk is generally defined as the current and prospective risk to earnings or capital arising from an FIs inability to meet its obligations when they come due without incurring unacceptable losses or costs. Liquidity risk includes the inability to manage unplanned decreases or changes in funding sources. Liquidity risk also arises from the failure to recognize or address changes in market conditions that affect the ability to liquidate assets quickly and with minimal loss in value.
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In terms of capital markets and trading activities, FIs face two (2) types of liquidity risk: funding liquidity risk and market liquidity risk. Funding liquidity risk refers to the inability to meet investment and funding requirements arising from cash flow mismatches without incurring unacceptable losses or costs. This is synonymous with the general definition of liquidity risk. Market liquidity risk, on the other hand, refers to the risk that an institution cannot easily eliminate or offset a particular position because of inadequate liquidity in the market. The size of the bid/ask spread of instruments in a market provides a general indication of its depth, hence its liquidity, under normal circumstances. Market liquidity risk is also associated with the probability that large transactions may have a significant effect on market prices in markets that lack sufficient depth. In addition, market liquidity risk is associated with structured or complex investments as the market of potential buyers is typically small. Finally, FIs are exposed to the risk of an unexpected and sudden erosion of market liquidity. This could be the result of sharp price movement or jump in volatility, or internal to the FI such as that posed by a general loss of market confidence. Understanding market liquidity risk is particularly important for institutions with significant holdings of instruments traded in financial markets. Market and liquidity risks are highly interrelated, particularly during times of uncertainty when there is a high correlation between the need for liquidity and market volatility. Likewise, an FIs exposure to other risks such as reputation, strategic, and credit risks, can likewise significantly affect an institutions liquidity risk. It is therefore important that an FIs liquidity risk
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management system is consistent with its general risk management framework. V. Sound Liquidity Risk Management Practices When assessing an FIs liquidity risk management system, the BSP shall consider how an FI address the four basic elements of a sound risk management system: 1. Active and appropriate board and senior management oversight; 2. Adequate risk management policies and procedures; 3. Appropriate risk measurement methodologies, limits structure, monitoring and management information system; and 4. Comprehensive internal controls and independent audits Evaluation of the adequacy of the FIs application of the above elements will be relative to the FIs risk profile. FIs with less complex operations may generally use more basic practices while larger, and/or more complex institutions will be expected to adopt more formal and sophisticated practices. Large organizations should likewise take a comprehensive perspective to measuring and controlling liquidity risk by understanding how subsidiaries and affiliates can raise or lower the consolidated risk profile. A. Active and appropriate Board and senior management oversight1 Effective liquidity risk management requires that the Board and senior management be fully informed of the level of liquidity risk assumed by the FI and ensure that the activities undertaken are within the prescribed risk tolerance. Senior management should have a thorough understanding of how other risks such as credit, market, operational and reputation risks impact the FIs overall liquidity strategy.1
This section refers to a management structure composed of a board of directors and senior management. The BSP is aware that there may be differences in some financial institutions as regards the organizational framework and functions of the board of directors and senior management. For instance, branches of foreign banks have board of directors located outside of the Philippines and are overseeing multiple branches in various countries. In this case, board-equivalent committees are appointed. Owing to these differences, the notions of the board of directors and the senior management are used in these guidelines not to identify legal constructs but rather to label two decision-making functions within a financial institution.
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Responsibilities of the board of directors The Board has the ultimate responsibility for understanding the nature and level of liquidity risk assumed by the FI and the processes used to manage it. The board of directors should: 1. Establish and guide the FIs strategic direction and tolerance for liquidity risk by adopting a formal written liquidity/funding policy that specifies quantitative and qualitative targets; 2. Approve policies that govern or influence the FIs liquidity risk, including reasonable risk limits and clear guidelines which are adequately documented and communicated to all concerned; 3. Identify the senior management staff who has the authority and responsibility for managing liquidity risk and ensure that this staff takes the necessary steps to monitor and control liquidity risk; 4. Monitor the FIs performance and overall liquidity risk profile in a timely manner by requiring frequent reports that outline the liquidity position of the FI along with information sufficient to determine if the FI is complying with established risk limits; 5. Mandate and track the implementation of corrective action in instances of breaches in policies and procedures; 6. Establish, review and to the extent possible, test contingency plans for dealing with potential temporary and long-term liquidity disruptions; and 7. Ensure that the FI has sufficient competent personnel, including internal audit staff, and adequate measurement systems to effectively manage liquidity risk. Responsibilities of senior management Senior management is responsible for effectively executing the liquidity strategy and overseeing the daily and long-term management of liquidity risk. In managing the FIs activities, senior management should:
1. Develop and implement procedures and practices that translate the Boards goals, objectives, and risk tolerances into operating standards that are transmitted to and well understood by personnel. Operating standards should be consistent with the Boards intent; 2. Plan for adequate sources of liquidity to meet current and potential funding needs and establish guidelines for the development of contingency funding plans; 3. Adhere to the lines of authority and responsibility that the Board has established for managing liquidity risk; 4. Oversee the implementation and maintenance of management information and other systems that identify, measure, monitor, and control the FIs liquidity risk; and 5. Establish effective internal controls over the liquidity risk management process. In evaluating the quality of oversight provided by the Board and senior management, the BSP will evaluate how the Board and senior management carry out the above functions/responsibilities. Further, sound management practices are highly related to the quality of other areas/elements of risk management system. Thus, even if Board and senior management exhibit active oversight, the FIs policies, procedures, measurement methodologies, limits structure, monitoring and information systems, controls and audit should be adequate before quality of Board and senior management can be considered satisfactory. Lines of Responsibility and Authority Management of liquidity risk generally requires collaboration from various business areas of the FI, thus a clear delineation of responsibilities is necessary. The management structure should clearly define the duties of senior level committees, members of which have authority over the units responsible for executing liquidityrelated transactions. There should be a clear
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delegation of day-to-day operating responsibilities to particular departments such as the Treasury Department. To ensure proper management of liquidity risk, the FI should designate an independent unit responsible for measuring, monitoring and controlling liquidity risk. Said unit should take a comprehensive approach and directly report to the board of directors or a committee thereof. B. Adequate risk management policies and procedures An FIs liquidity risk policies and procedures should be comprehensive, clearly defined, documented and duly approved by the board of directors. Policies and procedures should cover the FIs liquidity risk management system in order to provide appropriate guidance to management. These policies should be applied on a consolidated basis and, as appropriate, at the level of individual affiliates, especially when recognizing legal distinctions and possible obstacles to cash movements among affiliates. Liquidity risk policies should identify the quantitative parameters used by the FI to define the acceptable level of liquidity risk such as risk limits and financial ratios as well as describe the measurement tools and assumptions used. Qualitative guidelines should include description of the FIs acceptable products and activities, including off-balance sheet transactions, desired composition of assets and liabilities, and approach towards managing liquidity in different currencies, geographies and across subsidiaries and affiliates. Where appropriate, a large FI should apply these policies on a consolidated basis to address risk exposures resulting from interconnected funding structures and operations among members of an FIs corporate group. It is essential that policies include the development of a formal liquidity risk
measurement system that addresses businessas-usual scenarios and a contingency funding plan that addresses a variety of stress scenarios. FIs should likewise have specific procedures for addressing breaches in policies and implementation of corrective actions. Management should periodically review its liquidity risk policies and ensure that these remain consistent with the level and complexity of the FIs operations. Policies should be updated to incorporate effects of new products/activities, changes in corporate structure and in light of its liquidity experience. C. Appropriate risk measurement methodologies, limits structure, monitoring, and management information system Liquidity risk measurement models/ methodologies An FI should have a measurement system in place capable of quantifying and capturing the main sources of liquidity risk in a timely and comprehensive manner. Liquidity management requires ongoing measurement, from intra-day liquidity to long-term liquidity positions. Depending on its risk profile, an FI can use techniques of simple calculations, static simulations based on current holdings or sophisticated models. What is essential is that the FI should be able to identify and avoid potential funding shortfalls such that the FI can consistently meet investment, funding and/or strategic targets. FIs with simple operations can generally use a static approach to liquidity management. Static models are based on positions at a given point in time. While an exact definition of simple operations will not be provided, the BSP expects that banks using a static approach to liquidity management would limit their operations to core banking activities such as accepting plain vanilla deposits and making traditional loans. Such banks would not have active Treasury Departments, would not hold or
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offer structured products and would not be exposed to significant levels of FX risk. Board reporting could be less frequent than in more complex banks but in no event should be less than quarterly. Complex FIs, on the other hand, will be expected to adopt more robust approaches such as a dynamic maturity/liquidity gap reporting or even simulation modeling. At a minimum, universal banks should use maximum cash outflow/liquidity or maturity gap models. FIs engaged in holding or offering significant levels of structured products and/or derivatives will be expected to have the capability to model the cash flows from these instruments under a variety of scenarios. Specifically, scenarios should be designed to measure the effects of a breach of the triggers (strike price) on these instruments. Where the FIs organizational structure and business practices indicate cash flow movements and liquidity support among corporate group members, the FI should adopt consolidated risk measurement tools to help management assess the groups liquidity risk exposure. Depending on the degree of inter-related funding, non-complex measurement and monitoring systems may be acceptable. However, large, complex FIs that display a high degree of inter-related and inter-dependent funding will be expected to utilize more sophisticated monitoring and management systems. These systems should enable the Board of the consolidated entity to simulate and anticipate the funding needs of the FIs on both a consolidated basis and in each of its component parts. Liquidity risk measurement methodologies/models should be documented and approved by the board and should be periodically independently reviewed for reasonableness and tested for accuracy and data integrity. Assumptions used in managing liquidity should be periodically revisited to ensure that these remain valid.
Liquidity models require projecting all relevant cash flows. As such, FIs engaged in complex activities should have the capability to model the behavior of all assets, liabilities, and off-balance sheet items both under normal/business-as usual and a variety of stressed conditions. Stressed conditions may include liquidity crisis confined within the institution, or a systemic liquidity crisis, in which all FIs are affected. For FIs operating in a global environment, cash flow projections should reflect various foreign-currency funding requirements. When projecting cash flows, management should also estimate customer behavior in addition to contractual maturities. Many cash flows are uncertain and may not necessarily follow contractual maturities. Cash flows may be influenced by interest rates and customer behavior, or may simply follow a seasonal or cyclical pattern. When modeling liquidity risk, it is important that assumptions be documented. Assumptions should be reasonable and should be based on past experiences or with consideration of the potential impact of changes in business strategies and market conditions. Measurement tools should include a sufficient number of time bands to enable effective monitoring of both shortand long-term exposures. This expectation applies not only to complex simulation modeling, but to the construction of simple liquidity GAP models as well. To sufficiently measure an FIs liquidity risk, management should analyze how its liquidity position is affected by changes in internal (company-specific) and external (market-related) conditions. Management will need to assess how a shift from a normal scenario to various levels of liquidity crisis can affect its ability to source external funds and at what cost, liquidate certain assets at expected prices within expected timeframes, or hasten the need to settle obligations (e.g., limited ability to roll-over deposits).
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Management should, at a minimum, consider stress scenarios where securities are sold at prices lower than anticipated and credit lines are partially or wholly cancelled. Regardless of the liquidity risk models used, an FI should adopt an appropriate contingency plan for handling liquidity crisis. Well before a liquidity crisis occurs, management should carefully plan how to handle administrative matters in a crisis. Management credibility, which is essential to maintaining the publics confidence and access to funding, can be gained or lost depending on how well or poorly some administrative matters are handled. A contingency funding/liquidity plan ensures that an FI is ready to respond to liquidity crisis. The sophistication of a contingency plan should be commensurate with the FIs complexity and risk exposure, activities, products and organizational structure. The plan should identify the types of events that will trigger the contingency plan, quantify potential funding needs and sources and provide the specific administrative policies and procedures to be followed in a liquidity crisis. Specifically, the contingency plan should: 1. Clearly identify, quantify and rank all sources of funding by preference including, but not limited to: Reducing assets Modifying the liability structure or increasing liabilities Using off-balance-sheet sources, such as securitizations Using other alternatives for controlling balance sheet changes 2. Consider asset and liability strategies for responding to liquidity crisis including, but not limited to: Whether to liquidate surplus money market assets When (if at all) HTM securities might be liquidated Whether to sell liquid securities in the repo markets
When to sell longer-term assets, fixed assets, or certain lines of business Coordinating lead bank funding with that of the FIs other banks and non-bank affiliates Developing strategies on how to interact with non-traditional funding sources (e.g., whom to contact, what type of information and how much detail should be provided, who will be available for further questions, and how to ensure that communications are consistent) 3. Address administrative policies and procedures that should be used during a liquidity crisis: The responsibilities of senior management during a funding crisis Names, addresses, and telephone numbers of members of the crisis team Where, geographically, team members will be assigned Who will be assigned responsibility to initiate external contacts with regulators, analysts, investors, external auditors, press, significant customers, and others How internal communications will flow between management, ALCO, investment portfolio managers, traders, employees, and others How to ensure that the ALCO receives management reports that are pertinent and timely enough to allow members to understand the severity of the FIs circumstances and to implement appropriate responses. The above outline of the scope of a good contingency plan is by no means exhaustive. FIs should devote significant time and consideration to scenarios that are most likely, given their activities. Regardless of the strategies employed, an FI should consider the effects of such strategies on long-term liquidity positions and take appropriate actions to ensure that level of risk exposures shall remain or be brought down within the risk tolerance of the Board.
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Limits structure The Board and senior management should establish limits on the nature and amount of liquidity risk they are willing to assume. In setting limits, management should consider the nature of the FIs strategies and activities, its past performance, the level of earnings and capital available to absorb potential losses and costs of an FIs access to money markets and other alternative sources of funding. Limits can take various forms. FIs should address limits on types of funding sources and uses of funds, including offbalance sheet positions. In addition, policies should set targets for minimum holdings of liquid assets relative to liabilities. Complex FIs, or FIs engaged in complex activities should set maximum cumulative cash-flow mismatches over particular time horizons and establish counterparty limits. Such limits should be applied to all currencies to which the FI has a significant exposure. In particular, FIs should take into consideration any legal distinctions and possible obstacles to cash flow movements between the RBU and the FCDU. When evaluating a banks liquidity position, the BSP will consider low levels of liquid assets relative to liabilities, and significant negative funding gaps to be indicative of high liquidity risk exposure. Further, negative cash-flow mismatches in the short term time buckets will receive heightened scrutiny by the BSP and should also receive the attention of senior management and the board of directors. Before accepting negative funding gaps, or setting limits that allow negative funding gaps, the board and senior management should consider the FIs ability to fund these negative gaps. Factors include, but are not limited to: the availability of on-balance sheet liquidity, the amount of firm credit lines available
from commercial sources that can be drawn to fund the shortfall, and the amount of unencumbered on-balance sheet assets that can be sold without excessive loss and in a reasonable time-frame. Further, actual positions and limits should reflect the outcome of possible stress scenarios caused by internal and external factors, particularly those related to reputation risk. Stress scenarios should consider the possibility that securities may be sold at a greater discount and/or may take more time to sell than expected or that credit lines and other off-balance sheet sources of funding may be cancelled or may be unavailable at reasonable cost. Management should define specific procedures for the prompt reporting and documentation of limit exceptions and the management approval and action required in such cases. Liquidity risk monitoring and reporting An adequate management information system is critical in the risk monitoring process. The system should be able to provide the Board, senior management and other personnel with timely information on the FIs liquidity position in all the major currencies it deals in, on an individual and aggregate basis, and for various time periods. Effective liquidity risk monitoring requires frequent routine liquidity reviews and more in-depth and comprehensive reviews on a periodic basis. In general, monitoring should include sufficient information and a clear presentation such that the reader can determine the FIs ongoing degree of compliance with risk limits. For example, reports should address funding concentrations, funding costs, projected funding needs and available funding sources. Monitoring and board reporting should be robust. It is not unreasonable to expect complex FIs or FIs engaged in complex
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activities to monitor liquidity on a daily basis. Board reporting should be no less frequent than monthly. However, the BSP would expect Board-level committees or sub-committees to receive more frequent reporting. Comprehensive and accurate internal reports analyzing an FIs liquidity risk should be regularly prepared and reviewed by senior management and submitted to the board of directors. D. Risk controls and audit An FI should have adequate internal controls in place to protect the integrity of its liquidity risk management process. Fundamental to the internal control system is for the Board to prescribe independent reviews to evaluate the effectiveness of the risk management system and check compliance with established limits, policies and procedures. An effective system of internal controls for liquidity risk includes: 1. A strong internal control environment; 2. An adequate process for identifying and evaluating liquidity risk; 3. Adequate information systems; and 4. Continual review of adherence to established policies and procedures. To ensure that risk management objectives are achieved, management needs to focus on the following areas: appropriate approval processes, limits monitoring, periodic reporting, segregation of duties, restricted access to information systems and the regular evaluation and review by independent competent personnel.
Internal audit reviews should cover all aspects of the liquidity risk management process, including determining the appropriateness of the risk management system, accuracy and completeness of measurement models, reasonableness of assumptions and stress testing methodology. Audit staff should have the skills commensurate with the sophistication of the FIs risk management systems. Audit results should be promptly reported to the board. Deficiencies should be addressed in a timely manner and monitored until resolved/corrected. E. Foreign currency liquidity management The principles described in this Appendix also apply to the management of any foreign currency to which the FI maintains a significant exposure. Specifically, management should ensure that its measurement, monitoring and control systems account for these exposures as well. Management needs to set and regularly review limits on the size of its cash flow mismatches for each significant individual currency and in aggregate over appropriate time horizons. In addition, an FI should consider effects of other risk areas, particularly settlement risks from its off-balance sheet activities. An FI should also conservatively assess its access to foreign exchange markets when setting up its risk limits. As with overall liquidity risk management, foreign currency liquidity should be analyzed under various scenarios, including stressful conditions.
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GUIDELINES ON TECHNOLOGY RISK MANAGEMENT

(Appendix to Sec. X176) I. Background Banks using technology-related products, services, delivery channels, and processes can be exposed to all types of risks enumerated under the BSP risk supervision framework more particularly operational, strategic, reputation, and compliance risk. With banks increased reliance on technology, it is important for the banks to understand how specific technologies operate and how their use or failure may expose banks to risk. The BSP expects banks to have the knowledge and skills necessary to understand and effectively manage their technology-related risks. The BSP will evaluate technology-related risks in terms of the categories of risks identified in its risk assessment system. II. Description of technology related risks Operational risk - This is the risk to earnings or capital arising from problems with service or product delivery. This risk is a function of internal controls, information systems, employee integrity, and operating processes. Operational risk exists in all products and services. Technology can give rise to operational risk in many ways. Operational risk often results from deficiencies in system design, implementation, or ongoing maintenance of systems or equipment. For example, incompatible internal and external systems and incompatible equipment and software expose a bank to operational risk. Operational risk can increase when a bank hires outside contractors to design products, services, delivery channels, and processes that do not fit with the banks systems or customer demands. Similarly, when a bank uses vendors to perform core bank functions, such as loan underwriting and credit scoring, and does not have adequate controls in place to monitor the activities of those vendors, operational risk may increase. Also, when banks merge with other banks or acquire new businesses, the banks combined computer systems may produce inaccurate or incomplete information or otherwise fail to work properly. The failure to establish adequate security measures, contingency plans, testing, and auditing standards also increases operational risk. Strategic risk - This is the risk to earnings or capital arising from adverse business decisions or improper implementation of those decisions. This risk is a function of the compatibility of an organizations strategic goals, the business strategies developed to achieve those goals, the resources deployed against these goals, and the quality of implementation. The resources needed to carry out business strategies are both tangible and intangible. They include communication channels, operating systems, delivery networks, and managerial capacities and capabilities. Use of technology can create strategic risk when management does not adequately plan for, manage, and monitor the performance of technology-related products, services, processes, and delivery channels. Strategic risk may arise if management fails to understand, support, or use technology that is essential for the bank to compete or if it depends on a technology that is not reliable. In seeking ways to control strategic risk, a bank should consider its overall business environment, including: the knowledge and skills of senior management and technical staff; its existing and planned resources; its ability to understand and support its technologies; the activities and plans of suppliers of technology and their ability to support the technology; and the anticipated life cycle of technologyrelated products and services.
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Reputation risk - This is the risk to earnings or capital arising from negative public opinion. This affects the institutions ability to establish new relationships or services, or to continue servicing existing relationships. This risk can expose the institution to litigation, financial loss, or damage to its reputation. Reputation risk exposure is present throughout the organization and that is why banks have the responsibility to exercise an abundance of caution in dealing with its customers and community. This risk is present in activities such as asset management and regulatory compliance. Reputation risk arises whenever technology-based banking products, services, delivery channels, or processes may generate adverse public opinion such that it seriously affects a banks earnings or impairs capital. Examples may include: flawed security systems that significantly compromise customer privacy; inadequate contingency and business resumption plans that affect a banks ability to maintain or resume operations and to provide customer services following system failures; fraud that fundamentally undermines public trust; and large-scale litigation that exposes a bank to significant liability and results in severe damage to a banks reputation. Adverse public opinion may create a lasting, negative public image of overall bank operations and thus impair a banks ability to establish and maintain customer and business relationships. Compliance risk - This is the risk to earnings or capital arising from violations of, or nonconformance with laws, rules, regulations, prescribed practices, or ethical standards. Compliance risk also arises in situations where the laws or rules governing certain bank products or activities of the banks clients may be ambiguous or untested. Compliance risk exposes the institution to fines, civil money penalties, payment of damages, and the voiding of contracts. Compliance risk can lead to a
diminished reputation, reduced franchise value, limited business opportunities, lessened expansion potential, and the lack of contract enforceability. Compliance risk may arise in many different ways. For example, it may arise when a bank fails to comply with applicable disclosure requirements or when it discloses information to outside party that it is required to keep confidential. Compliance risk also may arise when a bank does not have systems in place to ensure compliance with mandatory reporting statutes. The use of technology to automate lending decisions also could expose a bank to compliance risks if the programs are not properly tested or if the quality of the data is not verified. For example, the use of credit scoring models to automate lending decisions could expose a bank to compliance risk if the data upon which the program rely are flawed or if the program design itself is flawed. As banks move increasingly from paper to electronic-based transactions and information exchanges, they need to consider how laws designed for paperbased transactions apply to electronic-based transaction and information exchanges. Some new technologies raise unexpected compliance issues. Transactions conducted through the internet also can raise novel questions regarding jurisdictional authority over those transactions. Therefore, banks should be careful to monitor and respond to changes to relevant laws and regulations arising from these developments. III. Technology risk management process The technology risk management process is designed to help the bank to identify, measure, monitor, and control its risk exposure. The process involves three (3) essential elements, namely: 1. Planning 2. Implementing 3. Measuring and monitoring performance
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It is the responsibility of banks board of directors and a senior management committee to ensure that an effective planning process exists, that technology is implemented properly with appropriate controls, and that measurement and monitoring efforts effectively identify ways to manage risk exposure. The process should be more complex for larger institutions, particularly for those with major technologyrelated initiatives. For each IT project, the bank should adopt specific milestones and corresponding timelines up to the full implementation of the IT project. A. Planning Technology planning often involves strategic, business, and project planning; Strategic plan establishes the overall role of technology as it relates to the banks mission and assesses the type of technology that a bank needs to fulfill that role; Business plan integrates the new technology into existing lines of business and determines the level of technology best suited to meet the needs of particular business lines; Project plan establishes resource needs, time lines, benchmarks, and other information necessary to convert the business plan into operation. The review and planning cycle may vary depending on the type of institution and its uses of different types of technologies. Proper planning minimizes the likelihood of computer hardware and software systems incompatibilities and failures, and maximizes the likelihood that a banks technology is flexible enough to adapt to future needs of the bank and its customers. Because technology is constantly changing, bank management should periodically assess its uses of technology as part of its overall business planning. Such an enterprise-wide and ongoing approach helps to ensure that all major technology
projects are consistent with the banks overall strategic goals. Planning should consider issues such as: Cost of designing, developing, testing and operating the systems whether internally or externally; Ability to resume operations swiftly and with all data intact in the event of system failure or unauthorized intrusions; Adequacy of internal controls, including controls for third party providers; and Ability to determine when a specific risk exposure exceeds the ability of an institution to manage and control that risk. In cases when specialized expertise is needed to design, implement, and service new technologies, vendors may provide a valuable means to acquire expertise and resources that a bank cannot provide on its own. However, in planning on whether and how to contract for its technology needs, a bank should assess how it will manage the risks associated with these new relationships. Without adequate controls, the use of vendors to design or support new bank technologies and systems could increase a banks exposure to risk. While a bank can outsource many functions, management remains responsible for the performance and actions of its vendors while the vendors are performing work for the bank. To have an effective planning process for technology-related applications, banks planning process should at least have the following basic components: 1. Involvement of the board of directors and senior management The board of directors and a senior management committee play an important role in managing banks IT risks. Both should have knowledge of and involvement in the technology planning process. The board of directors and the senior management committee should review, approve, and monitor technology projects that may have a significant impact on the
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banks operations, earnings or capital. In addition, senior management is expected to have more involvement in and more knowledge about the day to day operations of these projects than the board of directors. At least one (1) key senior manager should have knowledge and skills to evaluate critically the design, operation and oversight of technology projects. The board should be fully informed by the senior management committee, on an ongoing basis, of the risks that technology projects may pose to the bank. Banks that use technology extensively, particularly large banks, should have sufficient expertise and knowledge among managers and staff to provide critical review and oversight of technology projects and to manage risks associated with them. Projects should be coordinated to ensure that they adhere to appropriate policies, standards, and risk management controls. In addition, senior managers with knowledge of the banks technology initiatives should report periodically to the board of directors on technology-related initiatives. 2. Gathering and analysis of relevant information Banks should consider existing systems, consumer expectations, and competitive forces in their planning for new or enhanced uses of technology. In the process of gathering and analyzing information, a bank should: a. Make an inventory of the existing systems and operations. A bank should review their existing systems to determine whether they satisfy current and projected bank needs. They should also evaluate how new technologies will fit into existing systems and whether additional changes to those systems will be necessary to accommodate the new technologies. b. Review industry standards. Bank management should assess current and developing industry standards in determining whether to implement
specific technologies. Technical standards help to ensure that systems are compatible and inter-operable. c. Determine when to deploy new technology. Timing is critical because there are risks in deploying new technologies too slowly or too rapidly. 3. Assessment and Review Bank management should carefully assess its technology needs and review its options within the context of overall planning. Management should consider whether the necessary resources, time, and project management expertise is available to successfully complete any new technology proposal. Prior to adopting new technologies, bank management should identify weaknesses or deficiencies in the banks ability to use them. Management should also consider whether staff can operate both new and existing systems simultaneously. These considerations will help management to choose the type and level of technology best suited to support its key business needs and objectives. Banks should be cautious in establishing project objectives and should ensure that the objectives are neither too ambiguous nor too ambitious. Management should control the banks risk exposure through practical planning. This planning may include dividing projects into manageable segments and establishing specific decision points as to whether a project should be modified or terminated. Planning should also establish contingency and exit plans in the event a new project does not proceed as planned. Management should assess and, where possible, attempt to quantify the costs and benefits of adopting new technology when reviewing its options. As part of this assessment, management should evaluate the risks, financial consequences, and likelihood that certain risks may occur. This review should also include assessment of the cost to start, run, and terminate a project.
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B. Implementation Proper implementation of projects and initiatives is needed to convert plans into better products and services, delivery channels, and processes. Banks should establish the necessary controls to avoid operational failures and unauthorized intrusions which could result in increased losses and damaged reputation. At a minimum, management should establish technology standards that set the direction for the bank in terms of the overall structure or architecture of its technology systems. Management should establish priorities to ensure proper coordination and integration of projects among managers, work units, and team members. It should provide clearly defined expectations, including user and resource requirements, cost estimates, project benchmarks, and expected deliver dates. Proper project monitoring by all relevant parties is important. Project managers should inform the senior management committee of obstacles as early as possible to ensure that proper controls are in place and corrective action can be taken to manage risk exposure. Proper project implementation should include the following: a. Controls Controls comprises of policies, procedures, practices and organizational structures designed to provide reasonable assurance that business objectives will be achieved and undesired events will be prevented or detected and corrected. Banks should adopt adequate controls based on the degree of exposure and the potential risk of loss arising from the use of technology. Controls should include clear and measurable performance goals, the allocation of specific responsibilities for key project implementation, and independent mechanisms that will both measure risks and minimize excessive risk-taking. These controls should be re-evaluated periodically.
Bank information system security controls are particularly important. Security measures should be clearly defined with measurable performance standards. Responsible personnel should be assigned to ensure a comprehensive security program. Bank management should take necessary steps to protect mission-critical systems from unauthorized intrusions. Systems should be safeguarded, to the extent possible, against risks associated with fraud, negligence, and physical destruction of bank property. Control points should include facilities, personnel, policies and procedures, network controls, system controls, and vendors. For example, security access restrictions, background checks on employees, separation of duties, and audit trails are important precautions to protect system security within the bank and with vendors. As technologies and systems change or mature, security controls may need to change periodically as well. b. Policies and procedures Bank management should adopt and enforce appropriate policies and procedures to manage risk related to banks use of technology. The effectiveness of these policies and procedures depends greatly on whether they are in practice among bank personnel and vendors. Testing compliance with these policies and procedures often helps banks correct problems before they become serious. Clearly written and frequently communicated policies can establish clear assignments of duties, help employees to coordinate and perform their tasks effectively and consistently, and aid in the training of new employees. Bank management should ensure that policies, procedures, and systems are current and well-documented. c. Expertise and training Bank management should ensure that key employees and vendors have the expertise and skills to perform necessary
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functions and that they are properly trained. Management should allocate sufficient resources to hire and train employees and to ensure that there is succession planning particularly for the critical officers of the bank. Training may include technical course work, attendance at industry conferences, participation in industry working groups, as well as time allotment for appropriate staff to keep abreast of important technological and market developments. Training also includes customer orientations to ensure that banks customers understand how to use or access banks technology products and services and that they are able to do so in an appropriate and sound manner. d. Testing Bank management should thoroughly test new technology systems and products. Testing validates that equipment and systems function properly and produce the desired results. As part of the testing process, management should verify whether new technology systems operate effectively with the banks existing systems and, where appropriate, should include vendors. Pilot programs or prototypes can be helpful in developing new technology applications before they are used on a broad scale. Testing should be conducted periodically to help manage risk exposure. e. Contingency planning and business resumption planning Banks systems should be designed to reduce banks vulnerability to system failures, unauthorized intrusions, and other problems. Bank should have back-up systems in place and they should be maintained and tested on a regular basis to make sure that they will be readily available when the need arises. The risk of equipment failure and human error is possible in all systems. This risk may result from sources both within and beyond banks control. System failures and unauthorized intrusions may result from design defects, insufficient system capacity, and destruction of a
facility by natural disasters or fires, security breaches, inadequate staff training, or uncontrolled reliance on vendors. A bank should have business continuity plans in place before the bank implements new technology. They should establish a banks course of action in the event of a system failure or unauthorized intrusions and should be integrated with all other business continuity plans for bank operations. The plan may address data recovery, alternate data-processing capabilities, emergency staffing, and customer service support. Management should establish a communication plan that designates key personnel and outlines a program for employee notification. The plan should include a public relations and outreach strategy to respond promptly to customer and media reaction to system failure or unauthorized intrusions. Management should also plan for how it may respond to events outside the bank that may substantially affect customer confidence, such as an operational failure experienced by a competitor that relies on similar technology. Additional reference should also be made to BSP Memorandum dated 22 January 2004 and 03 April 2003 on Back-up Operations Centers and Data Recovery Sites and Updated Business Continuity Plan, respectively. f. Proper oversight of outsourcing activities Bank management should ensure that all necessary controls are in place to manage risks associated with outsourcing and external alliances. Management should ensure that vendors have the necessary expertise, experience, and financial strength to fulfill their obligations. They also should ensure that the expectations and obligations of each party are clearly defined, understood and otherwise enforceable. Management should make certain that the bank has audit rights for vendors so that the bank can
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monitor performance under the vendor contract. The key elements of proper project implementation apply whether a bank relies on employees, vendors, or both to develop and implement projects. Failure to establish necessary controls may result in compromised security, substandard service, and the installation of incompatible equipment, system failure, uncontrolled costs, and the disclosure of private customer information. If a bank joins or forms alliances with other banks or companies, management should perform adequate due diligence to ensure that the joint-venture partners are competent and have the financial strength to fulfill their obligations. Adequate bank resources will be required to monitor and measure performance under the terms of any third-party agreement. Additional reference should be made to Sec. X162 on Outsourcing. C. Measurement and monitoring As part of both planning and monitoring, banks must establish clearly defined measurement objectives and conduct periodic reviews to ensure that goals and standards established by bank management are met. Goals and standards should include an emphasis on data integrity, which is essential to any effective use of technology. Information should be complete and accurate both before and after it is processed. This is a particular concern in any significant merger with other institutions or acquisition of other businesses. Control of technology projects is complex because of the difficulty in measuring progress and determining actual costs. It is important that bank management establish benchmarks that are appropriate for particular applications. Ultimately, the success of technology depends on whether it delivers the intended results. Management should monitor and measure the performance of technology related products, services, delivery
channels, and processes in order to avoid potential operational failures and to mitigate the damage that may arise if such failures occur. Bank management should establish controls that identify and manage risks so that the bank can adequately manage them. To ensure accountability, management should specify which managers are responsible for the business goals, objectives, and results of specific technology projects or systems and should establish controls, which are independent of the business unit, to ensure that risks are properly managed. Technology processes should be reviewed periodically for quality and compliance with control requirements. Auditing Auditors provide an important control mechanism for detecting deficiencies and managing risks in the implementation of technology. They should be qualified to assess the specific risks that arise from specific uses of technology. Bank management should provide auditors with adequate information regarding standards, policies, procedures, applications, and systems. Auditors should consult with bank management during the planning process to ensure that technology-related systems are audited thoroughly and in a cost-effective manner. Quality assurance Bank management should establish procedures to ensure that quality assurance efforts take place and that the results are incorporated into future planning in order to manage and limit excessive risk taking. These procedures may include, for example, internal performance measures, focus groups and customer surveys. Bank should conduct quality assurance reviews whenever it engages in a significant combination with another institution or acquires another business.
(Circular No. 511 dated 03 February 2006)
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AUTHORIZATION FORM FOR QUERYING THE BANGKO SENTRAL WATCHLIST FILES FOR SCREENING APPLICANTS AND CONFIRMING APPOINTMENTS OF DIRECTORS AND OFFICIALS
AUTHORIZATION I, , after being sworn in accordance with law, do hereby authorize the following, pursuant to the provisions of Subsec. X143.5(c), of the MORB: (Name of Bank) , to conduct a background investigation a) on myself relative to my application for or appointment to the position of (position) in (Name of Bank) which include, among others, inquiring from the Watchlist Files of the BSP; and b) The BSP to disclose its findings pertinent to the aforementioned inquiry on the said watchlist files to (Name of Bank) . With the above authorization, I hereby waive my right to the confidentiality of the information that will be obtained as a result of the said inquiry, provided that disclosure of said information will be limited for the purpose of ascertaining my qualification or nonqualification for the said position. IN WITNESS WHEREOF, I have hereunto set my hand this ________________.
______________________________ (Signature Over Printed Name)
(Witness)
(Witness)
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ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES } S.S. CITY } BEFORE ME, this ___ day of _________________200___ in __________________ personally appeared the following person: Name Community Tax Certificate Place Date
known to me to be the same person who executed the foregoing instrument and he acknowledged to me to be the same person who executed the foregoing instrument and he acknowledged to me that the same is his free act and deed. This instrument, consisting of two (2) pages, including the page on which this acknowledgment is written, has been signed on the left margin of each and every page thereof by __________________, and his witnesses, and sealed with my notarial seal. IN WITNESS WHEREOF, I have hereunto set my hand, the day, year and place above written.
Notary Public Doc. No.: Page No.: Book No.: Series of 200___
(CL-2006-046 dated 21 December 2006, as amended by CL-2007-001 dated 04 January 2007)
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FINANCIAL REPORTING PACKAGE

[Appendix to Subsection X191.2 (2008 - X162.16)] The Financial Reporting Package (FRP) is a set of financial statements for prudential reporting purposes composed of the Balance Sheet, Income Statement and Supporting Schedules. The FRP is primarily designed to align the BSP reportorial requirements with the (1) provisions of the Philippine Financial Reporting Standards (PFRS)/Philippine Accounting Standards (PAS) and (2) Basel 2 Capital Adequacy Framework. It is also designed to meet BSP statistical requirements. Organization of the Instructions of the FRP This instruction is divided into the following sections: (1) The General Instructions, which describe the overall reporting requirements; (2) Structure of the FRP; (3) Manual of Accounts, which provides in the order presented in the Balance Sheet and the Income Statement the definitions of the accounts in the FRP; (4) Line Item Instructions for the Balance Sheet; Income Statements and Supporting Schedules; and (5) Report Formats, for solo and consolidated reports In determining the required treatment of particular transactions or in determining the definitions of the various items, the General Instructions, the Structure of the FRP, Manual of Accounts and Line Item Instructions must be used jointly. A single section does not necessarily give the complete instructions for accomplishing the main report and schedules. GENERAL INSTRUCTIONS Who must Report on What Forms/ Schedules All banks are required to prepare the FRP. The FRP shall be prepared on a solo and consolidated basis. Solo basis shall refer to the combined financial statements of the head office and branches/other offices. Consolidated basis shall refer to the combined financial statements of parent bank and subsidiaries consolidated on a line by line basis. Only banks with financial allied subsidiaries, excluding insurance subsidiaries, shall submit the report on consolidated basis. The solo and consolidated FRP shall be prepared on a quarterly basis, except for the solo balance sheet and the following selected schedules which shall be prepared on a monthly basis.
(1) Schedule 1 : Checks and Other Cash Items (2) Schedule 2 : Due from Other Banks (3) Schedule 3 : Financial Assets Held for Trading (4) Schedule 4a : Derivatives Held for Trading, Matrix of Counterparty and Type of Derivative Contracts (5) Schedule 5 : Financial Assets Designated at Fair Value Through Profit or Loss (6) Schedule 6 : Available for Sale Financial Assets (7) Schedule 7 : Held to Maturity Financial Assets (8) Schedule 8 : Unquoted Debt Securities Classified as Loans (9) Schedule 9 : Investment in Non Marketable Equity Securities
APP. 77 11.12.31 (10) Schedule 10 : Interbank Loans Receivables (11) Schedule 11 : Loans and Receivables Others (12) Schedule 11a :Loans and Receivables to 11a4 Others, Classified as to Status (13) Schedule 11b : Restructured Loans to 11b4 and Receivables, Classified as to Status (14) Schedule 11d : Loans and Receivables to 11d4 Others, at Amortized Cost, Classified as to Type of Business/ Industry (15) Schedule 11f : Schedule of Agri/Agra, Microfinance and SME Loans Receivables, Classified as to Counterparty (15) Schedule 12 :Loans and Receivables Arising from Repurchase Agreements, Certificates of Assignment/ Participation with Recourse and Securities Lending and Borrowing Transactions, By Counterpart (16) Schedule 15 :Equity Investment in Subsidiaries, Associates and Joint Ventures (17) Schedule 19 :Other Assets (19) Schedule 20 :Breakdown of Due from/to HO/Branches/ Agencies Abroad Philippine Branch of a Foreign Bank (20) Schedule 22 :Deposit Liabilities Classified as to Type of Deposit (21) Schedule 23 :Due to Other Banks (18) Schedule 24 :Bills Payable (19) Schedule 28 : Other Liabilities
on a monthly basis. All schedules shall be available to any type of reporting bank. Hence, schedules that do not apply to a particular bank should only be left blank when submitted. Frequency of Reporting The solo FRP, shall be submitted quarterly within fifteen (15) banking days after the end of the reference quarter. The solo balance sheet and the selected schedules listed above shall be submitted monthly within fifteen (15) banking days after the end of the reference month. The consolidated FRP, on the other hand, shall be submitted quarterly within thirty (30) banking days after end of reference quarter. The following schedules or columns of particular schedules of the solo and/or consolidated FRP, however, are required to be submitted and/or accomplished only annually (i.e. end December of each year):
(1) Schedule 6b : Available for Sale to 6b(3) Financial Assets ("Collateral and Other Credit Enhancements Received as Security for the Related Impaired and Past Due Assets" column) (2) Schedule 6c : Available for Sale to 6c(3) Financial Assets Movements in Allowances for Credit Losses (3) Schedule 7b : Fair Value of Held to Maturity Financial Assets (4) Schedule 7c : Held to Maturity to 7c(3) Financial Assets ("Collateral and Other Credit Enhancements Received as Security for the Related Impaired and Past Due Assets column)
The solo and consolidated FRP shall be prepared on a quarterly basis, except for the solo balance sheet and the following selected schedules which shall be prepared
APP. 77 11.12.31 (5) Schedule 7d : Held to Maturity to 7d(3) Financial Assets Movements in Allowances for Credit Losses (6) Schedule 8a : Fair Value of Unquoted Debt Securities Classified as Loans (7) Schedule 8b : Unquoted Debt to 8b(3) Securities Classified as Loans (Collateral and Other Credit Enhancements Received as Security for the Relate Impaired and Past Due Assets column) (8) Schedule 8c : Unquoted Debt to 8c(3) Securities Classified as Loans Movements in Allowances for Credit Losses (9) Schedule 11e : Loans and to 11e(3) Receivables-Others Classified as to Status Per PAS 39 (10) Schedule 15a : Investment in Subsidiaries, Associates and Joint Ventures (Fair Value Column) (11) Schedule 18 : Tax Assets and Liabilities (12) Schedule 26 : Fair Value of Financial Liabilities
equity method in accordance with the provisions of PAS 28 "Investments in Associates". For purposes of preparing solo financial statements, financial/non-financial allied/ non-allied subsidiaries/associates, including insurance subsidiaries/associates, shall also be accounted for using the equity method. For purposes of preparing consolidated reports, the "Peso accounts", "Foreign accounts", "FCDU/EFCDU" and "Foreign Offices", and their supporting schedules shall not be filled-up/accomplished. Amounts Reported All amounts reported in the FRP must be in absolute figures including two (2) decimal places, except for "Losses" columns/rows which shall be reported in negative figures, i.e., enclosed in parentheses. STRUCTURE OF THE FRP (1) The FRP is designed to reflect the two (2) types of books as follows 1 : (1) regular banking book, which shall be comprised of (a) peso accounts; and (b) foreign accounts and (2) FCDU/EFCDU as allowed under Circular No. 1389 dated 13 April 1993, as amended. Transactions in the foreign regular and FCDU/EFCDU books shall be recorded at their foreign currency amounts and their local currency equivalent using the Philippine Dealing System (PDS) Peso/US Dollar closing rate and the New York US Dollar/Third Currencies closing rate. (2) The FRP generally groups transactions into the different counterparties of the reporting bank. Foreign offices and branches of local banks abroad shall classify their counterparties from the perspective of the Head Office. Counterparties are broadly classified as to residents and non-residents
Rules of Consolidation In preparing consolidated financial statements, only investments in financial allied subsidiaries except insurance subsidiaries shall be consolidated on a line-by-line basis in accordance with PAS 27 "Consolidated and Separate Financial Statements", while insurance and non-financial allied subsidiaries shall be accounted for using the equity method. Financial/non-financial allied/non-allied associates shall be accounted for using the
________________
1
Provide Columns (in US$ and Peso Equivalent) for foreign accounts, where applicable.
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and further sub-classified into the different sectors and institutional units defined as follows: (a) Residents This refers to individuals or institutional units that have a center of economic interest in the economic territory of the Philippines. (a.1) Government (i) National Government This refers to the Philippine National Government and its agencies such as departments, bureaus, offices, and instrumentalities, but excluding local government units and government-owned and controlled corporations. (ii) Local Government Units (LGUs) This refers to the Philippine government units below the level of national government, such as city, provincial and municipal governments. (iii) Government-Owned and Controlled Corporations (GOCCs) This refers to any agency organized as a stock or non-stock corporation vested with functions relating to public needs whether governmental or proprietary in nature, and owned by the government directly or indirectly or through its instrumentalities either wholly, or where applicable as in the case of stock corporations to the extent of at least fifty-one percent (51%) of its capital stock: Provided, That GOCCs may be further categorized by the DBM, the Civil Service Commission and the COA for the purpose of the exercise and discharge of their respective powers, functions and responsibilities with respect to such corporations. Social Security Institutions (SSIs) This refers to the social security agencies such as the Employees Compensation Commission (ECC), Government Service Insurance System (GSIS), Philippine Health Insurance Corporation (PhilHealth) and Social Security System (SSS).
Other FIs This refers to GOCCs that are primarily engaged in financial intermediation or in auxiliary financial activities that are closely related to financial intermediation but are not classified as banks such as the Home Guaranty Corporation (HGC), Trade and Investment Development Corporation (TIDCORP) and Small Business Corporation (SBC) Non-FIs This refers to GOCCs that may not be classified as a social security institution nor other FIs. (a.2) BSP (a.3) Banks UBs/KBs This refers to UBs and KBs as defined under existing laws and regulations. Government Banks This refers to UBs/KBs owned or controlled by the national government such as the DBP, the LBP and the Al-Amanah Islamic Investment Bank of the Philippines. Non-Government Banks This refers to private UBs/KBs, which are neither owned nor controlled by the national government, including branches of foreign banks licensed as UBs/KBs operating in the Philippines. (ii) Other Banks This refers to banks other than UBs/KBs i.e., TBs, RBs and Coop. Banks. (a.4) Private Corporations (i) Financial - This refers to private corporations that are primarily engaged in financial intermediation or in auxiliary financial activities that are closely related to financial intermediation but are not classified as banks. This shall include among others, insurance corporations, pension funds that are constituted as separate from the units that have created them, NSSLAs and QBs. Except in the case of Loans and Receivables Interbank Loans and Receivables where QBs shall be a separate line item.
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(ii) Non-Financial This refers to private corporations whose principal activity is the production of goods or nonfinancial services for sale. (b) Non-Residents This refers to individuals or institutional units that have a center of economic interest outside the economic territory of the Philippines. (b.1) Central Government/Central Bank Central Government refers to the central government of a foreign country which is regarded as such by a recognized banking supervisory authority in that country. Central Bank refers to the national FI (or institutions) that exercises control over key aspects of the financial system and carries out such activities as issuing currency, managing international reserves, and providing credit to other depository corporations. (b.2) Public Sector Entities This refers to entities which are regarded as such by a recognized banking supervisory authority in the country in which they are incorporated. (b.3) Banks (i) Off-Shore Banking Units (OBUs) This refers to a branch, subsidiary or affiliate of a foreign banking corporation which is duly authorized by the BSP to transact offshore banking business in the Philippines. (ii) Other Banks This refers to the non-resident banks other than OBUs. (b.4) Corporations This refers to nonresident corporations. (c) Multilateral Agencies This refers to the World Bank Group comprised of the IBRD and the IFC, ADB, AfDB, the EBRD, the IADB, the EIB, the NIB; the CDB, the CEDB and such others as may be recognized by the BSP. (3) The supporting schedules in the FRP contain an Additional Information section which requires disclosure of
information necessary for validating compliance with other BSP requirements and for statistical purposes. Among the information required to be disclosed are the following: (a) Classification as to Original Term, which shall be reported only for solo reports (a.1) Short Term (1 year or less) (a.2) Medium Term (>1 year to 5 years) (a.3) Long Term (> 5 years) (b) Geographic Regions of NonResident Counterparties (b.1) Advanced Economies Australia; Austria; Belgium; Canada; Cyprus; Denmark; Finland; France; Germany; Greece; Hong Kong SAR; Iceland; Ireland; Israel; Italy; Japan; Korea; Luxembourg; Netherlands; New Zealand; Norway; Portugal; Singapore; Slovenia; Spain; Sweden; Switzerland; Taiwan Province of China; United Kingdom and United States (b.2) Regions Excluding Advanced Economies (i) Africa Algeria; Morocco; Tunisia and Sub-Sahara Of which; Sub-Sahara South Africa; Djibouti; Ethiopia; Sudan; Burundi; Congo, Democratic Republic of; Kenya; Rwanda; Tanzania; Uganda; Angola; Botswana; Comoros; Lesotho; Madagascar; Malawi; Mauritius; Mozambique, Republic of; Namibia; Seychelles; Swaziland; Zambia; Zimbabwe; Cape Verde; Gambia, The; Ghana; Guinea; Mauritania; Nigeria; Sao Tome and Principe; Sierra Leone; Benin; Burkina Faso; Cameroon; Central African Republic; Chad; Congo, Republic of; Cote d Ivoire; Equatorial Guinea, Gabon; Guinea Bissau; Mali; Niger; Senegal; and Togo. (ii) Central and Eastern Europe Albania; Bulgaria; Croatia; Czech Republic; Estonia; Hungary; Latvia; Lithuania; Macedonia, FYR; Malta; Poland; Romania; Slovak Republic and Turkey.
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(iii) Commonwealth of Independent States Armenia; Azerbaijan; Belarus; Georgia; Kazakhstan; Kyrgyz Republic; Moldova; Mongolia; Russia; Tajikistan; Turkmenistan; Ukraine and Uzbekistan. (iv) Developing Asia Bangladesh; Bhutan; Cambodia; China; Fiji; India; Indonesia; Kiribati; Lao PDR; Malaysia; Maldives; Myanmar; Nepal; Pakistan; Papua New Guinea; Samoa; Solomon Islands; Sri Lanka; Thailand; Tonga; Vanuatu and Vietnam. (v) Middle East Bahrain; Iran I.R.; Kuwait; Libya; Oman; Qatar; Saudi Arabia; United Arab Emirates; Yemen, Republic of; Egypt; Jordan; Lebanon and Syrian Arab Republic. (vi) Western Hemisphere Mexico; Argentina; Brazil; Bolivia; Chile; Colombia; Ecuador; Paraguay; Peru; Uruguay; Venezuela; Costa Rica; El Salvador; Guatemala; Honduras; Nicaragua; Panama; Antigua and Barbuda; Bahamas, The; Barbados; Belize; Dominica; Dominican Republic; Grenada; Guyana; Haiti; Jamaica; St. Kitts and Nevis; St. Lucia; St. Vincent and the Grenadines; Suriname and Trinidad and Tobago. Definition of the other items and instructions for filling-out the Additional Information section of each supporting schedule are presented in the Line Item Instructions. VALIDATION RULES OF THE FRP The FRP is a prudential report required for electronic submission by banks to the BSP on a periodic basis. The bank submitted FRP is processed and validated by the BSP using automated systems. Results of the validation are transmitted to banks in the form of a system generated report which identifies exceptions and entries that do not balance and reconcile. This system generated report is referred as the Reconciliation Report.
The automated validation procedure (AVP) of the FRP follows straightforward arithmetic and reconciliation rules generally applied in balancing financial statements. The FRP validation rules provided in the FPR package have the following three (3) components: 1. A user guide that explains and describes the validation process and the translation of the validation rules in the Reconciliation Report transmitted by the BSP to banks with illustrative samples and references; 2. The Intra validation Rules in Annex A of the FRP package itemizing the arithmetic formulation in balancing and reconciling the Balance Sheet, Income Statement, and Supporting Schedules of the FRP; and The Inter Validation Rules in Annex B of the FRP package itemizing the arithmetic formulations in reconciling the FRP with other prescribed reports such are the FRP Branch Report, the Quarterly Statement of E-Money Balances and Activity, The FRP for Trust Institutions (FRPTI), the Report on Microfinance Loans, the Consolidated Report on the Utilization of Loanable Funds Generated Which Were Set Aside for Agrarian Reform/Other Agricultural Credits (Agri-Agra Report), the Report on Compliance with Mandatory Credit Allocation Required under R.A. No. 6977 (MSME Report) and the Published Balance Sheet. Banks may use the aforementioned rules and formulations as reference for internally developing and reinforcing their own validation procedures, systems and controls. Such rules and formulations, however, mainly focus in determining arithmetical consistency of the FRP and not intended to capture errors arising from significant changes or movements in values reported from one period to another nor misclassification of transactions arising from the misuse of the FRP accounts.
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The integrity and quality of the FRP ultimately rests with the bank. Adequate internal controls should be in place to ensure that the information submitted by banks to the BSP is consistent, correct and conforms to the prescribed reporting standards.
(Circular No. 512 dated 03 February 2006, as amended by M-2011-052 dated 16 September 2011, CL-012-2011 dated 03 March 2011, M-2010-045 dated 14 December, Circular Nos.701 dated 13 December 2010, 691 dated 23 June 2010, M-2010-032 dated 27 September 2010, M-2010-021 dated 20 July 2010, M2010-016 dated 16 June 2010, M-2009-035 dated 28 September 2009, Circular No. 658 dated 23 June 2009, M-2008-036 dated 28 November 2008, M-2008-012 dated 14 March 2008, M-2008011 dated 7 March 2008, Circular No. 601 dated 13 February 2008, M-2007-044 dated 27 December 2007 and Circular No. 568 dated 08 May 2007)
MANUAL OF ACCOUNTS BALANCE SHEET ACCOUNTS Asset Accounts 1. Cash on Hand This refers to the total amount of cash in the banks vault in the form of notes and coins under the custody of the cashier/cash custodian or treasurer, including notes in the possession of tellers and those kept in automated teller machines (ATM) and the like. (a) Local Currency -This refers to the total amount of cash on hand denominated in Philippine currency. (b) Foreign Currency -This refers to the total amount of cash on hand denominated in foreign currency. This shall be limited to foreign currencies acceptable to form part of the international reserves. 2. Checks and Other Cash Items (COCI) This refers to the total amount of checks and other cash items received after the selected clearing cut-off time until the close of the regular banking hours. This account may consist of the following: Checks drawn on other banks Managers/Cashiers/Treasurers Checks and Demand Drafts issued by reporting banks other branches/offices or other banks.
Philippine Postal Money Orders All COCIs shall be presented for clearance/ acceptance/settlement on the following banking day. Items excluded herein are the following: Postdated Checks COCIs received on collection basis Out-of-town Checks not collectible through established clearing channels Items returned from clearing All other cash items not in process of collection This shall include COCIs received by authorized Philippine Clearing House Corporation (PCHC) couriers for delivery to the PCHC for settlement. (a) Local Currency - This refers to the total amount of COCIs denominated in Philippine currency. (b) Foreign Currency - This refers to the total amount of COCIs denominated in foreign currency. This shall be limited to foreign currencies acceptable to form part of the international reserves. 3. Due from Bangko Sentral ng Pilipinas (BSP) This refers to the balance of the deposit account maintained with the BSP. (a) Local Currency - This refers to the amount of due from BSP denominated in Philippine currency to meet reserve requirements and to serve as clearing account for interbank claims. The local currency amount maintained in the FCDU/EFCDU books shall be limited to those derived from the proceeds of FCDU/EFCDU foreign currency deposit swapped with the BSP. (b) Foreign Currency - This refers to the amount of due from BSP denominated in foreign currency. The foreign currency amount maintained in the Foreign Regular books shall be limited to those held to meet the required reserves against foreign currency deposit liabilities and to comply with the SME requirements.
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The foreign currency amount maintained in the FCDU/EFCDU book shall be those held as asset cover for FCDU/ EFCDU liabilities. 4. Due from Other Banks (a) Resident Banks -This refers to the balances of deposit accounts maintained with other resident banks excluding loans and advances. (b) Non-Resident Banks - This refers to the balances of deposit accounts maintained with non-resident banks and Offshore Banking Units (OBUs), as working funds in the case of foreign regular book. The foreign currency amount maintained in the FCDU/EFCDU book shall be those held as asset cover for FCDU/ EFCDU liabilities. (c) Resident Banks Clearing Account This refers to the balances of deposit accounts maintained with other resident banks as clearing account. (1) Local currency - This refers to the balances of deposit accounts maintained with other resident banks for settlement of interbank claims in places where there are no BSP clearing facilities. (2) Foreign currency This refers to the balances of deposit accounts maintained with the franchise holder of the Philippine Domestic Dollar Transfer System (PDDTS) for clearing of foreign currency denominated checks. 5. Financial Assets Held for Trading (HFT) (a) Held for Trading (HFT) Securities This refers to the debt and equity securities that are: (1) acquired principally for the purpose of selling or repurchasing them in the near term; or (2) part of a portfolio of identified securities that are managed together and for which there is evidence of a recent actual pattern of short-term profit-taking. HFT securities shall be measured upon initial recognition at their fair value. Transaction costs incurred at the acquisition
of HFT securities shall be recognized directly in profit or loss. After initial recognition, a bank shall measure HFT securities at their fair values without any deduction for transaction costs that it may incur on sale or other disposal. A gain or loss arising from a change in the fair value of HFT securities shall be recognized in profit or loss under the account Gain/(Loss) on Financial Assets and Liabilities Held for Trading. (b) Derivatives with Positive Fair Value Held for Trading - This refers to the positive fair value of derivatives acquired for the banks trading activities. This may consist of the following derivatives contracts: (1) Interest Rate Contracts This refers to the contracts related to an interest bearing financial instrument or whose cash flows are determined by referencing interest rates or another interest rate contract (e.g., an option on a futures contract to purchase a Treasury Bill). (a) Interest Rate Forwards This refers to forward contracts committing the bank to purchase or sell financial instruments whose predominant risk characteristic is interest rate risk. (i) Forward Rate Agreement - This refers to an agreement fixing the interest rates for a specified period whereby the buyer bank receives (or pays) and the seller bank pays (or receives) the interest rate differential if the reference rate rises above (or falls below) the contract rate, respectively. (b) Interest Rate Swaps - This refers to an agreement in which the parties agree to exchange interest cash flows on a principal amount at certain times in the future according to an agreed upon formula. (i) Plain Vanilla Swap - This refers to a fixed for floating interest rate swap. Fixed Payer This refers to a plain vanilla swap where the bank is the fixed interest rate payer.
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Fixed Receiver - This refers to a plain vanilla swap where the bank is the fixed interest rate receiver. (ii) Basis Swap- This refers to an interest rate swap that has two floating legs (floating for floating), each tied to a different reference rate. (c) Interest Rate Futures - This refers to the futures contracts committing the bank to purchase or sell financial instruments where the predominant risk characteristic is interest rate risk. (d) Interest Rate Option Contracts -This refers to option contracts which convey the right or the obligation depending upon whether the bank is the purchaser or the writer, respectively, to buy or sell at a specified price by a specified future date, for a fee or a premium, interest bearing financial instruments whose predominant risk characteristic is interest risk. (d.1) Over the Counter (OTC) Interest Rate Option Contracts (i) OTC Option Bought This refers to OTC interest rate option contracts conveying the bank the right to purchase/ sell at a specified price by a specified future date, for a fee or a premium, interest bearing financial instruments whose predominant risk characteristic is interest risk. (ii) OTC Option Sold - This refers to OTC interest rate option contracts conveying the bank the obligation to purchase/sell at a specified price by a specified future date, for a fee or a premium, interest bearing financial instruments whose predominant risk characteristic is interest risk. (d.2) Exchange Traded (ET) Interest Rate Option Contracts (i) ET Option Bought This refers to ET interest rate option contracts conveying the bank the right to purchase/sell at a specified price by a specified future date, for a fee or a premium, interest-bearing financial instruments whose predominant risk characteristic is interest risk.
(ii) ET Option Sold - This refers to ET interest rate option contracts conveying the bank the obligation to purchase/sell at a specified price by a specified future date, for a fee or a premium, interest bearing financial instruments whose predominant characteristic is interest risk. (2) Foreign Exchange Contracts This refers to contracts to purchase/sell foreign currencies in the forward market in an over the counter or an organized exchange. A purchase of foreign currency is equivalent to a sale of Philippine currency. A transaction involving two foreign currencies is treated as two separate foreign exchange contracts against Philippine currency. (a) Forward Foreign Exchange Contracts This refers to an agreement for delayed delivery of a foreign currency in which the buyer agrees to purchase and the seller agrees to deliver at a specified future date a specified amount at a specified exchange rate. (i) Outright Forwards - This refers to outright forward transaction, which is a straightforward single purchase/sale of one currency for another settled on any pre-agreed date three or more business days after the transaction date. (i.a) Outright Forwards Bought - This refers to outright forward transaction, which is a straightforward single purchase of foreign currency for Philippine currency settled on any pre-agreed date three or more business days after the transaction date. (i.b) Outright Forwards Sold - This refers to outright forward transaction, which is a straightforward single sale of foreign currency for Philippine currency settled on any pre-agreed date three or more business days after the transaction date. (ii) Forward Leg of Swap Contracts This refers to the second leg of a swap contract, which is the reverse exchange of the same two currencies that was exchanged in the first leg, at a date further in the future
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at a rate (different from the rate applied to the first leg) agreed on deal date. (ii.a) Forward Leg of Swap Contracts Bought - This refers to the second leg of a swap contract pertaining to forward purchase of a foreign currency against Philippine currency that was exchanged in the first leg, at a date further in the future at a rate (different from the rate applied to the first leg) agreed on deal date. (ii.b) Forward Leg of Swap Contracts Sold - This refers to the second leg of a swap contract pertaining to the forward sale of a foreign currency against Philippine currency that was exchanged in the first leg, at a date further in the future at a rate (different from the rate applied to the first leg) agreed on deal date. (iii) Non Deliverable Forwards (NDF) This refers to the forward foreign exchange contract where only the net difference between the contracted forward rate and the market rate shall be settled at maturity. (iii.a) Non Deliverable Forwards (NDF) Bought - This refers to the NDF foreign exchange contract to purchase foreign currency against Philippine currency where only the net difference between the contracted forward rate and the market rate shall be settled at maturity. (iii.b) Non Deliverable Forwards (NDF) Sold - This refers to the NDF foreign exchange contract to sell foreign currency against Philippine currency where only the net difference between the contracted forward rate and the market rate shall be settled at maturity. (b) Cross Currency Interest Rate Swap - This refers to the transaction in which two parties agree to exchange principal amounts of different currencies, usually at the prevailing spot rate, at the inception of an agreement that lasts for a certain number of years. At defined intervals over the life of the swap, the counterparties exchange payments in the different currencies based
on specified rates of interest. When the agreement matures, the principal amounts will be re-exchanged at the same spot rate. The notional amount of a cross-currency (interest rate swap) is generally the underlying principal amount upon which the exchange is based. (i) Foreign Currency Buyer in the Forward Leg This refers to a currency swap wherein the bank is the foreign currency buyer in the forward leg. (ii) Foreign Currency Seller in the Forward Leg This refers to a currency swap wherein the bank is the foreign currency seller in the forward leg. (c) Foreign Exchange Futures -This refers to futures contracts committing the bank to purchase/sell foreign currencies where the predominant risk characteristic is foreign exchange risk. Specifically, currency futures contract is a standardized agreement for delayed delivery of foreign currency in which the buyer agrees to purchase and the seller agrees to deliver at a specified future date, a specified amount at a specified exchange rate. (d) Foreign Exchange Options Contracts -This refers to option contracts which convey the right or the obligation depending upon whether the bank is the purchaser or the writer respectively to buy or sell at a specified price by a specified future date, for a fee or a premium, two different currencies at a specified exchange rate. (d.1) Over the Counter (OTC) Foreign Exchange Option Contracts (i) OTC Option Bought This refers to OTC foreign exchange option contracts conveying the bank the right to purchase/ sell at a specified price by a specified future date, for a fee or a premium, two different currencies at a specified exchange rate. (i.a)Call Option - This refers to OTC foreign exchange option contracts conveying the bank the right to purchase at a specified
APP. 77 11.12.31
price by a specified future date, for a fee or a premium, foreign currency against Philippine currency at a specified exchange rate. (i.b)Put Option- This refers to OTC foreign exchange option contracts conveying the reporting bank the right to sell at a specified price by a specified future date, for a fee or a premium, foreign currency against Philippine currency at a specified exchange rate. (ii) OTC Option Sold This refers to OTC foreign exchange option contracts conveying the bank the obligation to purchase/sell at a specified price by a specified future date, for a fee or a premium, two different currencies at a specified exchange rate. (ii.a)Call Option - This refers to OTC foreign exchange option contracts conveying the bank the obligation to purchase at a specified price by a specified future date, for a fee or a premium, foreign currency against Philippine currency at a specified exchange rate. (ii.b)Put Option- This refers to OTC foreign exchange option contracts conveying the reporting bank the obligation to sell at a specified price by a specified future date, for a fee or a premium, foreign currency against Philippine currency at a specified exchange rate. (d.2) Exchange Traded (ET) Foreign Exchange Option Contracts (i) ET Option Bought This refers to ET foreign exchange option contracts conveying the bank the right to purchase/ sell at a specified price by a specified future date, for a fee or a premium, two different currencies at a specified exchange rate. (i.a) Call Option - This refers to ET foreign exchange option contracts conveying the bank the right to purchase at a specified price by a specified future date, for a fee or a premium, foreign currency against
Philippine currency at a specified exchange rate. (i.b)Put Option- This refers to ET foreign exchange option contracts conveying the reporting bank the right to sell at a specified price by a specified future date, for a fee or a premium, foreign currency against Philippine currency at a specified exchange rate. (ii) ET Option Sold This refers to ET foreign exchange option contracts conveying the bank the obligation to purchase/sell at a specified price by a specified future date, for a fee or a premium, two different currencies at a specified exchange rate. (ii.a)Call Option - This refers to ET foreign exchange option contracts conveying the bank the obligation to purchase at a specified price by a specified future date, for a fee or a premium, foreign currency against Philippine currency at a specified exchange rate. (ii.b) Put Option- This refers to ET foreign exchange option contracts conveying the reporting bank the obligation to sell at a specified price by a specified future date, for a fee or a premium, foreign currency against Philippine currency at a specified exchange rate. (3) Equity Contracts This refers to contracts that have a return, or a portion of their return linked to the price of a particular equity or to an index of equity prices. (a) Equity Derivatives Forwards -This refers to forward contracts committing the reporting bank to purchase or sell equity instruments. (b) Equity Swap - This refers to equity or equity index swaps. (c) Equity Derivative Futures - This refers to futures contracts committing the reporting bank to purchase or sell equity securities or instruments based on equity indexes.
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(d) Equity Options Contracts - This refers to equity option contracts which convey the right or the obligation depending upon whether the reporting bank is the purchaser or the writer, respectively, to buy or sell at a specified price by a specified future date, for a fee or a premium, equity instrument or equity index. (d.1) Over the Counter (OTC) Equity Options Contracts (i) Equity Option Bought This refers to OTC equity option contracts conveying the bank the right to purchase/sell an equity instrument or equity index. (ii) Equity Option Sold This refers to OTC equity option contracts conveying the bank the obligation to purchase/sell an equity instrument or equity index. (d.2) Exchange Traded (ET) Equity Options Contracts (i) Equity Option Bought This refers to ET equity option contracts conveying the bank the right to purchase/sell an equity instrument or equity index. (ii) Equity Option Sold This refers to ET equity option contracts conveying the bank the obligation to purchase/sell an equity instrument or equity index. (4) Credit Derivatives - This refers to arrangements that allow one party(the beneficiary) to transfer the credit risk of a reference asset to another party (the guarantor). Credit Default Swaps This refers to a financial contract between two parties, the protection buyer and protection seller, with reference to a certain notional value of a reference credit or a basket of reference credits, whereby the former pays a premium to the latter, and in return the latter agrees to make certain protection payments to the former contingent upon the occurrence of a credit event with respect to the reference entity(ies)/asset(s). Total Rate of Return This refers to a financial contract where the protection buyer
agrees to transfer, periodically and throughout the term of the contract, the actual returns from a reference asset, to the protection seller, and the latter, in return, agrees to transfer returns calculated at a certain spread over a base rate. Credit Spread Option This refers to an option to swap an asset if the credit spread on a reference obligation changes and moves above or below a strike spread. (a) Bank as Beneficiary (i) CDS Bought This refers to an option bought for protection payments upon the occurrence of a credit event with respect to the reference entity(ies)/asset(s). (ii) TROR Payer This refers to protection bought that allows the transfer of the exposure on a reference asset to the protection seller throughout the term of the contract. (iii) Credit Spread Call/Put Option Bought This refers to a call/put option bought for the right to swap an asset if the credit spread on a reference obligation changes and moves above/below a strike spread. (b) Bank as Guarantor (i) CDS Sold - This refers to a written option guaranteeing protection payments upon the occurrence of a credit event with respect to the reference entity(ies)/ asset(s). (ii) TROR Receiver This refers to protection sold to assume the exposure on the reference asset throughout the term of the contract. (iii) Credit Spread Call/Put Option Sold This refers to a written call/put option for an obligation to swap an asset if the credit spread on a reference obligation changes and moves above/below a strike spread. (c) Derivatives Carried at Cost - This refers to the cost of derivatives linked to and must be settled by delivery of unquoted equity instruments.
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6. Financial Assets Designated at Fair Value through Profit or Loss (DFVPL) This refers to financial assets that upon initial recognition are designated by the bank as at fair value through profit or loss. This shall comprise of both debt and equity securities and shall be accounted for in the same manner as HFT securities. The use of the fair value option shall be in accordance with the criteria set forth in the amendments to PAS 39 subject to the following conditions: (1) Banks shall have in place appropriate risk management systems (including related risk management policies, procedures and controls) prior to initial application of the fair value option for a particular activity or purpose and on an ongoing basis; (2) Banks shall apply the fair value option only to instruments for which fair values can be reliably estimated; and (3) Banks shall provide BSP with supplemental information as may be necessary, to enable BSP to assess the impact of the banks utilization of the fair value option. 7. Available-for-Sale (AFS) Financial Assets - This refers to securities that are designated as available-for-sale, which shall be measured upon initial recognition at their fair value plus transaction costs that are directly attributable to the acquisition of securities. After initial recognition, a bank shall measure AFS at their fair values, without any deduction for transaction costs it may incur on sale or other disposal. A gain or loss arising from a change in the fair value of an AFS security shall be recognized directly in equity under the account Net Unrealized Gains/(Losses) on AFS Financial Assets and reflected in the statement of changes in equity, except for impairment losses and foreign exchange gains and losses, until the financial asset is derecognized, at which time the cumulative gain or loss previously recognized in equity
shall be recognized in profit or loss. However, interest calculated using the effective interest method is recognized in profit or loss. Dividends on an AFS equity security are recognized in profit or loss when the financial institutions right to receive payment is established. For the purpose of recognizing foreign exchange gains and losses on a monetary AFS security that is denominated in a foreign currency, it shall be treated as if it were carried at amortized cost in the foreign currency. Accordingly, for such an AFS security, exchange differences resulting from changes in amortized cost are recognized in profit or loss and other changes in carrying amount are recognized directly in equity. For AFS securities that are not monetary items (for example, equity instruments), the gain or loss that is recognized directly in equity includes any related foreign exchange component. (a) AFS Debt Securities - This refers to debt securities that are designated as AFS. Unamortized Discount/Premium - This refers to the unamortized discount/premium on AFS debt securities, which shall be debited/credited monthly based on the effective interest method with the corresponding credit/debit to Interest Income-AFS Debt Securities. A sub-account shall be provided for Underwritten Debt Securities. (b) AFS Equity Securities -This refers to equity securities that are designated as AFS. A sub-account shall be provided for Underwritten Equity Securities. Accumulated Market Gains/(Losses)This refers to cumulative gains/(losses) arising from change in the fair value of AFS Securities. The contra cumulative account is Net Unrealized Gains/(Losses) on AFS Financial Assets, which is a separate component of stockholders equity.
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Allowance for Credit Losses - This refers to the amount of impairment loss that has been incurred on AFS Securities. The amount shall be the difference between the acquisition cost (net of any principal repayment and amortization) and current fair value. A bank shall assess at each time it prepares its financial statements whether there is any objective evidence that an AFS security is impaired. When a decline in the fair value of an AFS security has been recognized directly in equity and there is objective evidence that the asset is impaired, the cumulative loss that had been recognized directly in equity shall be removed from equity and recognized in profit or loss even though the security has not been derecognized. The amount of the cumulative loss that is removed from equity and recognized in profit or loss shall be the difference between the acquisition cost (net of any principal repayment and amortization) and current fair value, less any impairment loss on that security previously recognized in profit or loss. Impairment losses recognized in profit or loss for an investment in an equity instrument classified as AFS shall not be reversed through profit or loss. If, in a subsequent period, the fair value of a debt instrument classified as AFS increases and the increase can be objectively related to an event occurring after the impairment loss was recognized in profit or loss, the impairment loss shall be reversed, with the amount of the reversal recognized in profit or loss. The amount of impairment loss for the period shall be recognized in profit or loss under the account Provision for Credit Losses. 8. Held-to-Maturity (HTM) Financial Assets This refers to debt securities, quoted in an active market with fixed or determinable
payments and fixed maturity that a bank has the positive intention and ability to hold to maturity other than: (a) those that meet the definition of Financial Assets Designated at Fair Value Through Profit or Loss; or (b) those that the financial institution designates as Available for Sale Securities (AFS). A bank shall not classify any debt security as HTM if the bank has, during the current financial year or during the two preceding financial years, sold or reclassified more than an insignificant amount of HTM investments before maturity (more than insignificant in relation to the total amount of HTM investments) other than sales or reclassifications that: (a) are so close to maturity or the securitys call date (i.e., less than three months before maturity) that changes in the market rate of interest would not have a significant effect on the securitys fair value; (b) occur after the bank has substantially collected all (i.e., at least 85 percent) of the securitys original principal through scheduled payments or prepayments; or (c) are attributable to an isolated event that is beyond the banks control, is nonrecurring and could not have been reasonably anticipated by the bank. For this purpose, the phrase more than an insignificant amount refers to sales or reclassification of one percent (1%) or more of the outstanding balance of the HTM portfolio: Provided, however, That sales or reclassification of less than one percent (1%) shall be evaluated on case to case basis. HTM securities shall be measured upon initial recognition at their fair value plus transaction costs that are directly attributable to the acquisition of the securities. After initial recognition, a bank shall measure HTM securities at their amortized cost using the effective interest method.
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A gain or loss arising from the change in the fair value of the HTM security shall be recognized in profit or loss when the security is derecognized or impaired, and through the amortization process. Unamortized Discount/Premium - This refers to the unamortized discount/premium on HTM debt securities, which shall be debited/credited monthly based on the effective interest method with the corresponding credit/debit to Interest Income-HTM Debt Securities. Allowance for Credit Losses - This refers to the cumulative amount of impairment loss that has been incurred on HTM securities. A bank shall assess at each time it prepares its financial statements whether there is any objective evidence that an HTM security is impaired. If there is an objective evidence that an impairment loss on HTM securities has been incurred, the amount of loss is measured as the difference between the securitys carrying amount and the present value of estimated future cash flows (excluding future credit losses that have not been incurred) discounted at the securitys original effective interest rate (i.e. the effective interest rate computed at initial recognition). The amount of impairment loss for the period shall be recognized in profit or loss under the account Provision for Credit Losses. 9. Unquoted Debt Securities Classified as Loans - This refers to unquoted debt securities, with fixed or determinable payments and fixed maturity. Unquoted Debt Securities Classified as Loans shall be measured upon initial recognition at their fair value plus transaction costs that are directly attributable to the acquisition of the securities. After initial recognition, a bank shall measure these securities at their amortized cost using the effective interest method.
A gain or loss arising from the change in the fair value of Unquoted Debt Securities Classified as Loans shall be recognized in profit or loss when the security is derecognized or impaired, and through the amortization process. Unamortized Discount/Premium - This refers to the unamortized discount/premium on Unquoted Debt Securities Classified as Loans, which shall be debited/credited monthly based on the effective interest method with the corresponding credit/debit to Interest Income-Unquoted Debt Securities Classified as Loans. Allowance for Credit Losses - This refers to the amount of impairment loss that has been incurred on Unquoted Debt Securities Classified as Loans. A bank shall assess at each time it prepares its financial statements whether there is any objective evidence that an Unquoted Debt Security Classified as Loans is impaired. If there is an objective evidence that an impairment loss on Unquoted Debt Security Classified as Loans has been incurred, the amount of loss is measured as the difference between the securitys carrying amount and the present value of estimated future cash flows (excluding future credit losses that have not been incurred) discounted at the securitys original effective interest rate (i.e. the effective interest rate computed at initial recognition). The amount of impairment loss shall be recognized in profit or loss under the account Provision for Credit Losses. 10. Investments in Non-Marketable Equity Securities (INMES) This refers to equity instruments that do not have a quoted market price in an active market, and whose fair value cannot be reliably measured. INMES shall be measured upon initial recognition at its fair value plus transaction costs that are directly attributable to the acquisition of the security. After initial recognition, a bank shall measure INMES at cost. A gain
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or loss arising from the change in fair value of the INMES shall be recognized in profit or loss when the security is derecognized or impaired. Allowance for Credit Losses - This refers to the cumulative amount of impairment loss that has been incurred on INMES. A bank shall assess at each time it prepares its financial statements whether there is any objective evidence that an INMES is impaired. If there is an objective evidence that an impairment loss on INMES has been incurred, the amount of impairment loss is measured as the difference between the carrying amount of the security and the estimated future cash flows discounted at the current market rate of return for a similar financial instrument. Such impairment loss shall not be reversed. 11. Loans and Receivables This refers to non-derivative financial assets with fixed or determinable payments that are not quoted in an active market, other than: those that the bank intends to sell immediately or in the near term, which shall be classified as HFT, and those that the entity upon initial recognition designates as at fair value through profit or loss; those that the bank upon initial recognition designates as AFS; or those for which the holder may not recover substantially all of its initial investment, other than because of credit deterioration, which shall be classified as AFS. Quoted loans and receivables shall be classified as debt securities. Loans and receivables shall be measured upon initial recognition at fair value plus transactions costs that are directly attributable to the acquisition of the loans and receivables. After initial recognition, a bank shall measure Loans and Receivables at amortized cost using the effective interest method.
(a) Loans to Bangko Sentral ng Pilipinas - This refers to foreign currency denominated loans and discounts granted by an FCDU/ EFCDU to the BSP. (i) Maturing within 1 year This refers to loans to BSP maturing within one (1) year. (ii) Maturing beyond 1 year - This refers to loans to BSP maturing beyond one (1) year. (b) Interbank Loans Receivable (i) Interbank Call Loans Receivable This refers to the cost of call/demand loans granted to other resident banks and nonbank financial intermediaries with quasibanking authority. (ii) Interbank Term Loans Receivable This refers to the loans/placements granted to other banks and non-bank financial institutions with quasi banking authority including banks acceptance of other banks drafts, other than those payable on call/ demand. Allowance for Credit Losses this refers to the cumulative amount set-up against current operations to provide for losses which may arise from the non-collection of interbank loans receivable, which should not be lower than the BSP minimum recommended valuation reserves. (c) Loans and Receivables-Others - This refers to loans granted other than to BSP, banks and non-bank financial institutions with quasi-banking authority. For each of the loan classifications, control accounts shall be maintained in accordance with the following: (i) status (current, past due but not yet non-performing; past due and already nonperforming and items in litigation); (ii) restructured loans and their status; (iii) economic activity as defined under the Philippine Standard Industrial Classification (PSIC) of the National Statistical Coordination Board (NSCB); (iv) status per PAS 39 (current, past due and impaired);
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(v) residual maturity of performing loans; and (vi) repricing of performing loans. The sub-accounts of Loans and Receivables-Others shall be as follows: (c.1) Loans to Government (c.1a) National Government This refers to the amortized cost of loans granted to the national government as defined under Structure of the FRP Item 2.a. (c.1b) LGUs - This refers to the amortized cost of loans granted to local government units as defined under Structure of the FRP Item 2.a. (c.1c) GOCCs - This refers to the amortized cost of loans granted to government owned or controlled corporations as defined under Structure of the FRP Item 2.a. (i) Social Security Institutions - This refers to the amortized cost of loans granted to GOCC - social security institutions as defined under Structure of the FRP Item 2.a. (ii) Other Financial - This refers to the amortized cost of loans granted to GOCC other financial institutions as defined under Structure of the FRP Item 2.a. (iii) Non-Financial - This refers to the amortized cost of loans granted to GOCC non-financial institutions as defined under Structure of the FRP Item 2.a. (c.2) Agrarian Reform and Other Agricultural Loans (c.2a) Agrarian Reform Loans This refers to the amortized cost of production and other types of loans granted to beneficiaries of agrarian reform, namely: tillers, tenant farmers, settlers, agricultural lessees, amortizing owners, ownercultivators, farmers, cooperatives and compact farms, as provided for in P.D. 717, for the following purposes: Acquisition of work animals, farm equipment and machinery, seeds, fertilizers, poultry, livestock, feeds and other similar items;
Acquisition of land authorized under the Agrarian Reform Code of the Philippines and its amendments; Construction and/or acquisition of facilities for production, processing, storage and marketing; and Efficient and effective merchandising of agricultural commodities stored and/or processed by the facilities aforecited in domestic and foreign commerce. (c.2b) Other Agricultural Credit Loans - This refers to the amortized cost of loans granted to borrowers who are not beneficiaries of agrarian reform to finance activities relating to agriculture and processing, marketing, storage and distribution of products resulting from these activities. (c.3) Development Incentive Loans This refers to the amortized cost of loans extended by banks incorporated under the laws of the Philippines, whether Philippine or foreign owned, to finance educational institutions, cooperatives, hospitals and other medical services, socialized or low-cost housing and to local government units, without national government guarantee which shall be included for purposes of determining compliance with the provisions of PD No. 717, as amended. (c.3a) Educational Institutions This refers to the amortized cost of loans granted to finance educational institutions. (c.3b) Cooperatives - This refers to the amortized cost of loans granted to finance cooperatives. (c.3c) Hospital and Medical Services This refers to the amortized cost of loans granted to finance hospital and medical services. (c.3d) Socialized and Low Cost Housing - This refers to the amortized cost of loans granted to finance socialized and low cost housing.
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(i) Contracts to Sell This refers to the amortized cost of loans granted to developers of housing projects by way of purchase by the bank of receivables from Contracts to Sell executed between the developer and home buyers on a with recourse or substitution basis to finance the development of socialized and low cost housing. (ii) Loans to Individuals for Housing Purposes This refers to the amortized cost of loans granted to individuals for housing purposes which may be for acquisition, construction or improvement of a residential unit qualifying as socialized and low cost housing. (iii) Others This refers to the amortized cost of loans granted to other borrowers for socialized and low cost housing purposes. (c.3e) LGUs This refers to loans granted to Local Government Units. (c.4) Microfinance Loans - This refers to the amortized cost of small loans granted to the basic sectors, as defined in the Social Reform and Poverty Alleviation Act of 1997 (Republic Act 8425), and other loans granted to the poor and low-income households for their microenterprises and small businesses so as to enable them to raise their income levels and improve their living standards. These loans are granted on the basis of the borrowers cash flow and are typically unsecured. The maximum principal amount of microfinance loans shall not exceed P150,000. This is equivalent to the maximum capitalization of microenterprise under R.A. 8425. A sub-account shall be provided for lending to Barangay Micro Business Enterprises. (c.5) Small and Medium Enterprises Loans - This refers to the amortized cost of loans granted to any business activity or enterprises engaged in industry, agribusiness and/or services, whether single proprietorship, cooperative, partnership or corporation-
(1) whose total assets, inclusive of those arising from loans but exclusive of the land on which the particular business entitys office, plant and equipment are situated, must have a value falling under the following categories: Micro : up to P3,000,000 Small : P3,000,001 - P15,000,000 Medium : P15,000,001 - P100,000,000 In generic sense, all enterprises with total assets of more than P100 million shall be called large enterprises. (2) duly registered with the appropriate agencies as presently provided by law: Provided , That in the case of microenterprises as defined herein, registration with the Office of the Municipal or City Treasurer shall be deemed sufficient compliance with this requirement; (3) 100 percent owned and capitalized by Filipino citizens if a single proprietorship or partnership. If the enterprise is a corporation, at least sixty percent (60%) of its capital or outstanding stocks must be owned by Filipino citizens; (4) a business activity within the major sectors of the economy, namely: industry, services, including the practice of ones profession, the operation of tourism related establishments and agri-business, which for this purpose refers to any business activity involving the manufacturing, processing and/or production of agricultural produce, excluding farm level agricultural/crop production; (5) it must not be a branch, subsidiary or division of a large scale enterprise nor may its policies be determined by a large scale enterprise, or by persons who are not owners or employers of the enterprises. (c.5a) Small Scale Enterprises This refers to the amortized cost of loans granted to small scale enterprises. (c.5b) Medium Scale Enterprises This refers to the amortized cost of loans granted to medium scale enterprises.
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(c.6) Contracts to Sell (other than those in item c.3d(i) This refers to the amortized cost of loans granted to developers of housing projects by way of purchase of the bank of receivables from Contracts to Sell executed between the developer and home buyers on a with recourse or substitution basis to finance the development of socialized and low cost housing, other than those in Item c.3d(i). (c.7) Loans to Private Corporations This refers to the amortized cost of loans granted to private corporations, which shall include partnerships, single proprietorships and cooperatives. (c.7a) Financial This refers to the amortized cost of loans granted to financial private corporations. (c.7b) Non-Financial This refers to the amortized cost of loans granted to nonfinancial private corporations. (c.8) Loans to Individuals for Housing Purposes - This refers the amortized cost of loans granted to individuals for housing purposes, which may be for the acquisition, construction or improvement of a residential unit other than those in Item c.3d(ii). (c.9) Loans to Individuals for Consumption Purposes This refers to the amortized cost of loans granted to individuals for consumption purposes. (c.9a) Credit Card - This refers to the amortized cost of loans granted to credit cardholders arising from purchases of goods and services, cash advances, annual membership/renewal fees as well as interest, penalties, insurance fees, processing/service fees and other charges. (c.9b) Auto Loans - This refers to the amortized cost of loans granted to individuals for the acquisition of motor vehicles. (c.9c) Others - This refers to the amortized cost of loans granted to individuals to finance other personal and household needs such as purchase of
household appliances, furniture and fixtures and/or to pay taxes, hospital and educational bills. (c.10)Loans to Individuals for Other Purposes - This refers to the amortized cost of other loans granted to individuals that cannot be classified under any of the foregoing classifications. Allowance for Credit Losses This refers to the cumulative amount set up against current operations to provide for losses which may arise from the noncollection of loans and receivables, which should not be lower than the BSP minimum recommended valuation reserves. General Loan Loss Provision (GLLP) This refers to the amount of general provision for loan losses not linked to individually identified uncollectible accounts required to be set up under existing regulations. 12. Loans and Receivables Arising from Repurchase Agreements, Certificates of Assignment/Participation with Recourse and Securities Lending and Borrowing Transactions - This refers to the amortized cost of loans arising from repurchase agreements, certificates of assignment/ participation with recourse and securities lending and borrowing transactions. 13. Derivatives with Positive Fair Value Held for Hedging - This refers to the positive fair value of derivatives that are designated and effective hedging instruments. (a) Fair Value Hedge - This refers to the positive fair value of derivatives that are designated and effective fair value hedging instruments. (b) Cash Flow Hedge - This refers to the positive fair value of derivatives that are designated and effective cash flow hedging instruments. (c) Hedges of a Net Investment in Foreign Operation - This refers to the positive fair value of derivatives that are designated and effective hedging instruments for hedges of a net investment in foreign operation.
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(d) Portfolio Hedge of Interest Rate Risk - This refers to the positive fair value of derivatives that are designated and effective hedging instruments for portfolio hedge of interest rate risk. 14. Revaluation of Hedged Assets in Portfolio Hedge of Interest Rate Risk This refers to the gain or loss arising from change in the fair value of a portion of a portfolio of financial assets designated as hedge items for a fair value hedge of interest rate exposure. 15. Sales Contract Receivable (SCR) - This refers to the amortized cost of assets acquired in settlement of loans through foreclosure or dation in payment and subsequently sold on installment basis whereby the title to the said property is transferred to the buyers only upon full payment of the agreed selling price. This shall be recorded initially at the present value of the installment receivable discounted at the imputed rate of interest. Discount shall be accreted over the life of the SCR by crediting interest income using the effective interest method. Any difference between the present value of the SCR and the derecognized assets shall be recognized in profit or loss at the date of sale in accordance with the provisions of PAS 18. (a) Performing This refers to the amortized cost of performing sales contract receivables. (b) Non-Performing - This refers to the amortized cost of non-performing sales contract receivables. Allowance for Credit Losses - This refers to the cumulative amount of impairment loss that has been incurred on SCR. 16. Accrued Interest Income from Financial Assets - This refers to interest income on financial assets that are already earned but not yet collected/received. Allowance for Credit Losses - This refers to the cumulative amount set up against current operations to provide for losses that may arise from non-collection of accrued interest income from financial assets.
17. Equity Investment in Subsidiaries, Associates and Joint Ventures (a) Investment in Subsidiaries - This refers to the amount of the banks investments in the equity instruments of unconsolidated subsidiaries which shall be accounted for in accordance with PAS 27. As provided under PAS 27, a subsidiary is an entity that is controlled by another entity (known as the parent). Control is presumed to exist when the parent owns, directly or indirectly through subsidiaries, more than half of the voting power of an entity, unless in exceptional circumstances, it can be directly demonstrated that such ownership does not constitute control. Refer to General Instructions for the Rules of Consolidation. (b) Investment in Associates - This refers to the cost of the banks investments in the equity instruments of associates, which shall be accounted for in accordance with PAS 28. As provided under PAS 28, an associate is an entity over which the investor has significant influence and that is neither a subsidiary nor an interest in a joint venture. Significant influence is presumed to exist if an investor holds, directly or indirectly through subsidiaries, 20 percent or more of the voting power of the investee, unless it can be clearly demonstrated that that is not the case. Conversely, if the investor holds, directly or indirectly through subsidiaries, less than 20 percent of the voting power of the investee, it is presumed that the investor does not have significant influence, unless such influence can be clearly demonstrated. (c) Investment in Joint Ventures - This refers to the cost of the banks investments in the equity instruments of joint ventures, which shall be accounted for in accordance with PAS 31. Allowance for Credit Losses - This refers to the cumulative amount of impairment loss incurred on equity investments in subsidiaries, associates and joint ventures which shall be accounted for in accordance with PAS 36.
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18. Bank Premises, Furniture, Fixture and Equipment This refers to real and other properties used/to be used for banking purposes which shall be accounted for using the cost model under PAS 16. (a) Land - This refers to the acquisition cost of the land or lots by the bank as existing or future sites of its offices, including residential and parking lots used by the banks officers/ employees and clients. Acquisition cost shall consist of the purchase price and all expenditures incurred incident to acquisition, such as cost of surveying, registration and issuance of title. This account shall also include the cost of filling and other expenditures which enhance the value of the land. (b) Building - This refers to the cost of buildings owned and used or to be used by the bank for its business, including residential houses provided for its officers and employees. The buildings/residential houses shall be recorded at acquisition or construction/improvement costs, including architects fees, building permits, inspection fees, cost of vaults, elevators, tellers cages and other capitalizable expenditures incurred in making the premises ready for use. (c) Furniture and Fixtures - This refers to the cost of furniture, such as desks, tables and chairs; and fixtures to buildings, which do not form part of Bank Premises Buildings account, including expenditures incurred for major repairs and maintenance which prolong the life of these assets beyond their original estimated useful life. This account also includes the cost of firearms owned and licensed in the name of the bank. (d) Information Technology (IT) Equipment - This refers to the cost of IT equipment. (e) Other Office Equipment - This refers to the cost of office equipment, other than IT equipment.
(f) Transportation Equipment This refers to the cost of transportation equipment. (g) Leasehold Rights and Improvements This refers to the cost of building and/or improvements introduced on premises leased by the bank, including the cost of leasehold rights and other expenditures incurred in making the premises ready for use. (h) Bank Premises, Furniture, Fixture and Equipment Under Finance Lease - This refers to the cost of bank premises, furniture, fixture and equipment leased by the bank under a finance lease agreement. This shall be accounted for in accordance with PAS 17. Under PAS 17, this shall be recorded at the lower of (a) fair value of the leased property or (b) present value of the minimum lease payments, each determined at the inception of the lease. The discount rate to be used in calculating the present value of the minimum lease payments is the interest rate implicit in the lease, if this is practicable to determine; if not, the lessees incremental borrowing rate shall be used. Any initial direct costs of the lessee are added to the amount recognized as an asset. This shall comprise of the following sub-accounts: (i) Land; (ii) Buildings; (iii) Furniture and Fixtures; (iv) Information Technology Equipment; (v) Other Office Equipment; and (vi) Transportation Equipment (i) Revaluation Increment - This refers to the revaluation increase in the carrying amount of bank premises, furniture, fixture and equipment as an incentive to mergers and consolidation approved by the Monetary Board. The increase in the carrying amount of the asset shall be credited directly to equity under the account Revaluation Increment Reserves. This shall comprise of the following subaccounts: (i) Land (ii) Buildings
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(iii) Furniture and Fixtures (iv) Information Technology Equipment (v) Other Office Equipment (vi) Transportation Equipment (vii) Bank Premises, Furniture, Fixture and Equipment Under Finance Lease Land Buildings Furniture and Fixtures Information Technology Equipment Other Office Equipment Transportation Equipment Accumulated Depreciation - This refers to the accumulated depreciation of bank premises, furniture and fixture owned or leased by the bank, which shall be set up monthly against current operations. (j) Building Under Construction - This refers to the total cost of materials, labor and other capitalizable expenditures incurred in connection with the building(s) under construction. Upon completion of the building its cost shall be transferred/closed to Bank Premises, Furniture, Fixture and Equipment - Buildings account. Allowance for Losses This refers to the cumulative amount of impairment loss incurred on bank premises, furniture, fixture and equipment, which shall be accounted for in accordance with PAS 36. 19. Real and Other Properties Acquired (ROPA) - This refers to real and other properties, other than those used for banking purposes or held for investment, acquired by the bank in settlement of loans through foreclosure or dation in payment and/or for other reasons, whose carrying amount will be recovered principally through a sale transaction. This shall be booked initially at the carrying amount of the loan (i.e., outstanding loan balance adjusted for any unamortized premium or discount less allowance for credit losses computed based on PAS 39 provisioning requirements) plus booked accrued interest
less allowance for credit losses plus transaction costs incurred upon acquisition (such as non-refundable capital gains tax and documentary stamp tax paid in connection with the foreclosure/ purchase of the acquired real estate property): Provided, That where the booked amount of ROPA exceeds the appraised value of the acquired property, an allowance for credit losses equivalent to the excess of the amount booked over the appraised value shall be set up: Provided, further, That if the carrying amount of ROPA exceeds P5 million, the appraisal of the foreclosed/ purchased asset shall be conducted by an independent appraiser acceptable to the BSP. An in-house appraisal of all ROPAs shall be made at least every other year: Provided, that immediate appraisal shall be conducted on ROPAs which materially decline in value. Accumulated Depreciation - This refers to the accumulated depreciation of ROPA Buildings and Other Properties Acquired, which shall be set up monthly against current operations. Allowance for Losses - This refers to the cumulative amount of impairment loss incurred on ROPA, which shall be accounted for in accordance with PAS 36. 20. Non-Current Assets Held for Sale This refers to ROPA that are available for immediate sale in its present condition subject only to terms that are usual and customary for sales of such assets and the sale must be highly probable. This shall be accounted for in accordance with PFRS 5. 21. Goodwill - This refers to the future economic benefit arising from assets that are not capable of being individually identified and separately recognized. This shall be accounted for in accordance with PFRS 3.
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Allowance for Losses This refers to the cumulative amount of impairment loss incurred on goodwill, which shall be accounted for in accordance with PAS 36. 22. Other Intangible Assets - This refers to the identifiable non-monetary asset without physical substance. Accumulated Amortization - This refers to the accumulated amortization of other intangible assets, which shall be set up monthly against current operations. Allowance for Losses This refers to the cumulative amount of impairment loss incurred on other intangible assets, which shall be accounted for in accordance with PAS 36. 23. Deferred Tax Asset - This refers to the amount of income taxes recoverable in future periods in respect of deductible temporary differences, carryforward of unused tax losses and carryforward of unused tax credits, which shall be accounted for in accordance with PAS 12. 24. Other Assets (a) Deferred Charges This refers to the actual loss incurred on the sale/transfer of non-performing assets (NPAs) to special purpose vehicles (SPVs) and to qualified individuals for housing under the Special Purpose Vehicle (SPV) Act of 2002", which should be written down over a period of ten (10) years in accordance with existing regulations, subject to disclosure requirement. (b) Servicing Assets This refers to the fee received from securitization transactions that is expected to be more than adequate compensation for the servicing right of the bank. (c) Accounts Receivable - This refers to the following: Amounts due from customers and other parties under open-account arrangements including miscellaneous advances made, such as cable expenses, out of-pocket collection charges, documentary
stamps, commissions and insurance premiums. Claims such as tax refund and insurance proceeds. Staff salary advances payable in thirty (30) days or less (those payable in more than 30 days shall be considered as loans) Advances for official travel of officers/ employees Temporary overdrafts all owed under existing rules and regulations. (d) Dividends Receivable - This refers to cash dividends earned but not yet received on shares of stocks owned by the bank that are held as HFT, DFVPL, AFS and INMES. (e) Loans to RBU by FCDU/EFCDU This refers to FCDU/EFCDU funds lent to RBU solely for the purpose of funding RBUs net fund outflow on its on-balance sheet foreign exchange transactions, as allowed under existing regulations. (f) Deficiency Judgment Receivable This refers to claims against borrower debtor(s) arising from deficiency judgments rendered by the court. (g) Employee Benefits This refers to the overfunding of defined benefit plan or in certain cases, the actuarial gains recognized. (h) Bond Sinking Fund - This refers to the accumulated amount set aside for the redemption of issued and outstanding bonds. (i) Prepaid Expenses This refers to expense prepayments expected to benefit the bank for a future period not exceeding one year (i.e., insurance premiums, rent and interest on time certificates of deposit, etc.) paid in advance, which shall be amortized monthly. (j) Shortages - This refers to the amount of shortages found in the tellers daily transactions and/or accountability of officers and/or other employees. This account shall be closed when the shortage is: (a) duly accounted; or (b) paid in full; or (c) charged
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as receivable from the officer/employee concerned; or (d) charged to expense or written-off in accordance with existing rules and regulations. (k) Sundry Debits This refers to items/ transactions which at the time of recording cannot be classified immediately under any debit account. Entries to this account shall be cleared within one (1) month from the date of entry. (l) Inter-office Float Items - This refers to the debit balance difference of the Due from Head Office/ Branches/Agencies and Due to Head Office/ Branches/Agencies accounts resulting from the elimination of reciprocal accounts in the consolidation process, to wit: Due from Head Office/Branches/ Agencies - The accounts Due From Branches/Agencies and Due to Branches Agencies are Head Office general ledger control accounts. The counterpart of these accounts in the books of the branches consists of the general ledger control accounts Due from Head Office and Due to Head Office. If the balance of the Head Office account with its branch is a debit, the account is carried as a Due From, an asset account in the books of the Head Office. Conversely, if the balance of the Head Office account with its branch is a credit, the account is carried as a Due To, a liability account in the books of the Head Office. The same rule applies to balances of the branches accounts (Due From or Due To Head Office) with the Head Office. These accounts are essentially clearing accounts through which Head Office/ Branch/Agency and inter-branch/agency transactions are cleared. Inter- Head Office branch transactions originating from the Head Office are debited or credited to the account of the branch concerned. The same applies to direct transactions of the branch with the Head Office. Inter-
branch/agency transactions, on the other hand, shall be cleared thru the Head Office. The latter responds to the advice of the branch/agency where the transactions originated by debiting or crediting, as the case may be, the account of the branch/agency to which the transaction pertains. Likewise, branch transactions with the banks local and foreign correspondents shall be coursed through the Head Office account. Aforementioned Head Office and branches accounts are reciprocal accounts which are eliminated upon consolidation. The transactions which pass through these accounts are: Investments of Head Office (HO) in its Branches/ Agencies Advances of HO to its Branches/ Agencies Check and cash remittances Transfers of loan and other asset accounts Responses to other debit/credit advices of Branches/Agencies Other receipts/payments made for account of Branches/Agencies Advances made by Branches/Agencies for the account of HO or vice versa Remittances of Branches/Agencies to HO, and Other inter-HO-Branch(es) transactions not specified above. In the preparation of consolidated statements, the reciprocal accounts shall be eliminated and the resulting difference, if any, shall be reported under Inter- Office Float Items (Debit Balance) if a debit, or under Inter-Office Float Items (Credit Balance) if a credit. Individual subsidiary ledger accounts for each branch/agency shall be maintained by the Head Office. Sub control accounts shall be maintained for items which are unresponded and outstanding for sixty (60) calendar days or more.
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(i) Philippines - This account controls the clearing of items/transactions between the banks Head Office and its local branches/agencies. (ii) Abroad This account controls the clearing of items/transactions between the banks Head Office and its branches agencies abroad. (m) Others This refers to other asset accounts such as, but not limited to the following: (i) Gold This refers to the cost of gold bullion and bars, which come into the possession of the bank as an authorized gold dealer. (ii) Foreign Currency Notes and Coins on Hand not Acceptable as International Reserves This refers to the total amount of foreign currency notes and coins on hand not acceptable to form part of the international reserves. (iii) Foreign Currency Checks and Other Cash Items not Acceptable as International Reserves - This refers to the total amount of checks and other cash items not acceptable to form part of the international reserves. (iv) Returned Checks and Other Cash Items This refers to the total amount of checks and other cash items, returned to by the bank or dishonored/found to be defective for certain reasons such as insufficiency of funds and alterations in the documents. (v) Miscellaneous Checks and Other Cash Items - This refers to the total amount of checks and other cash items other than those booked under Checks and Other Cash Items, Loans and Receivables Others (Bills Purchased Clean) and Returned Checks and Other Cash Items accounts such as miscleared and missorted checks.
(vi) Petty Cash Fund This refers to the fund maintained on an imprest system to defray minimal disbursements. All payments shall be evidenced/supported by duly accomplished and approved petty cash vouchers. (vii) Documentary Stamps This refers to the cost of documentary stamps, loose and/or loaded in the meter machine. (viii) Postage Stamps This refers to the cost of postage stamps loose and/or loaded in the postage meter machine. (ix) Stationery and Supplies on Hand This refers to the cost of unissued stationery, printed forms and supplies. (x) Deposits with Closed Banks/Banks in Liquidation This refers to demand, savings and/or time deposits maintained with a bank and/or private securities commercial papers purchased from financial institutions (banks and non-banks), which have been closed or placed under liquidation. (xi) Other Investments This refers to the cost of investments made for public relations purposes and/or to qualify as member/subscriber of clubs/ other nonprofit organizations. (xii) Miscellaneous Assets This refers to items/transactions, which cannot be appropriately classified under any of the foregoing asset accounts. Allowance for Losses This refers to the amount of impairment loss incurred on other assets, which shall be accounted for in accordance with PASs 39 and 36. 25. Due from Head Office/Branches Agencies Abroad (Philippine branch of a foreign bank) This account controls the clearing of items/transactions between the Philippine branches of foreign banks and its Head Office/branches/agencies abroad.
(Circular 512 dated 03 February 2006)
APP. 77a 11.12.31
FINANCIAL REPORTING PACKAGE FOR TRUST INSTITUTIONS (FRPTI)

[Appendix to Subsection X191.2 (2008 - X162.16)] GENERAL INSTRUCTIONS The FRPTI is a prudential reportorial requirement for trust institutions, which reflects the assets and accountabilities of trust institutions relative to the institutions contractual relationships with its clients. The contractual relationships of trust institutions with its clients are generally classified into five: (1) trust; (2) other fiduciary; (3) agency; (4) advisory/ consultancy; and (5) special purpose trust which shall be further sub-classified as to the different services discussed in the succeeding sections. Frequency of Reporting Trust institutions are required to prepare the FRPTI quarterly, which shall be submitted to the BSP within 20 banking days after the end of the reference quarter. The Income Statement section of the FRPTI shall be prepared on a cumulative basis, i.e., first quarter report shall cover result of operations during the first quarter, second quarter report shall cover results of operations during the first and second quarters, etc. Amounts Reported All amounts reported in the FRPTI must be in absolute figures including two decimal places. Structure of the FRPTI (1) The FRPTI is designed to reflect the two types of books as follows: (1) regular banking (RBU) book and the (2) FCDU/ EFCDU book for foreign currency denominated accounts. Foreign currency accounts in the FCDU/ EFCDU book shall be recorded at their foreign currency amounts and their local currency equivalent using the Philippine Dealing System (PDS) Peso/US Dollar closing rate and the New York US Dollar/ Third Currencies closing rate. For purposes of preparing the FCDU/EFCDU financial statements, the trust institution shall use the US dollar (USD) as its functional currency. However, for purposes of consolidating the FCDU/EFCDU financial statements with the RBU financial statements, these shall be translated into the presentation currency, i.e. Philippine Peso. (2) The FRPTI generally groups transactions into the different counterparties of the reporting bank broadly classified as to residents and non-residents and further subclassified into the different sectors and institutional units defined as follows: (a) Residents This refers to individuals or institutional units that have a center of economic interest in the economic territory of the Philippines. (a.1) Government (i) National Government This refers to the Philippine National Government and its agencies such as departments, bureaus, offices, and instrumentalities, but excluding local government units and governmentowned and controlled corporations. (ii) Others This refers to other government units such as local government units and government owned or controlled corporations excluding those classified as national government. (a.2) Bangko Sentral ng Pilipinas (BSP) (a.3) Banks This refers to universal/ commercial, thrift, rural and cooperative
APP. 77a 11.12.31
banks as defined under existing laws and regulations. Government owned or controlled banks (e.g., Development Bank of the Philippines, etc.) shall be classified under this category. (a.4) Private Corporations (i) Financial - This refers to private corporations that are primarily engaged in financial intermediation or in auxiliary financial activities that are closely related to financial intermediation but are not classified as banks. This shall include non-stock savings and loan associations (NSSLAs) and non-bank financial institutions with quasi-banking functions (NBQBs). (ii) Non-Financial This refers to private corporations whose principal activity is the production of goods for sale or rendering non-financial services. (b) Non-Residents This refers to individuals or institutional units that have a center of economic interest outside the economic territory of the Philippines. (b.1) Central Government/Central Bank Central Government refers to the central government of a foreign country, which is regarded as such by a recognized banking supervisory authority in that country. Central Bank refers to the national financial institution (or institutions) that exercises control over key aspects of the financial system and carries out such activities as issuing currency, managing international reserves, and providing credit to other depository corporations. (b.2) Public Sector Entities This refers to entities, which are regarded as such by a recognized banking supervisory authority in the country in which they are incorporated. (b.3) Banks (i) Off-Shore Banking Units (OBUs) This refers to a branch, subsidiary or affiliate of a foreign banking corporation, which is duly authorized by the BSP to transact offshore banking business in the Philippines.
(ii) Other Banks This refers to the non-resident banks other than OBUs. (b.4) Corporations This refers to non-resident corporations. (c) Multilateral Agencies This refers to the World Bank Group comprised of the International Bank for Reconstruction and Development (IBRD) and the International Finance Corporation (IFC), Asian Development Bank (ADB), African Development Bank (AfDB), the European Bank for Reconstruction and Development (EBRD), the Inter-American Development Bank (IADB), the European Investment Bank (EIB), the Nordic Investment Bank (NIB); the Caribbean Development Bank (CDB), the Council of Europe Development Bank (CEDB) and such others as may be recognized by the BSP. (3) The main report and supporting schedules in the FRPTI contain an Additional Information section, which requires disclosure of information necessary for validating compliance with other BSP requirements and for statistical purposes. Definition of the other items and instructions for filling-out the Additional Information section of each supporting schedule are presented in the Line Item Instructions. CONTRACTUAL RELATIONSHIPS OF TRUST INSTITUTIONS I. Trust - This refers to a fiduciary relationship wherein legal title to funds and/ or properties of the trustor is transferred to the trustee (trust institution), subject to an equitable obligation of the trustee to administer, hold and manage such funds and/or properties for the use, benefit or advantage of the trustor or other designated beneficiaries. This shall be comprised of the following wealth/asset/fund management services:
APP. 77a 11.12.31
Wealth/Asset/Fund Management This refers to trust agreements established to provide asset management services to the client where trust institutions exercise either discretionary or non discretionary investment authority. Trust institutions offering wealth/asset/fund management services are presumed to have the expertise in fund management and should have, at a minimum, competent investment managers and appropriate infrastructure for asset preservation and growth. (1) Unit Investment Trust Funds (UITFs) This refers to open-ended trust funds denominated in pesos or any acceptable currency and made available by participation. Participation to or redemption from the fund is allowed as often as stated in the plan rules. UITFs may have any of the following structures: (a) Trust institution as the trustee and fund manager This refers to UITFs where the trust institution performs the functions of a trustee and fund manager concurrently. As trustee, the trust institution is responsible for safeguarding the rights and interests of the investors/participants of the fund while as fund manager, the trust institution is responsible for managing the funds and meeting the investment objectives indicated in the plan rules or trust deed. (b) Trust institution as trustee This refers to UITFs where the trust institution only performs trustee functions. (2) Institutional Trust Accounts This refers to trust agreements where the trustor is a juridical entity such as but not limited to corporations, institutions, organizations or incorporated funds (e.g. retirement funds, pension funds, etc.). This shall be comprised of the following: (a) Employee Benefit This refers to trust agreements, which were established to hold the assets of an employee benefit plan (maintained by an employer or employee
or, both, for the purpose of providing the employee/s certain benefits, e.g., pension, profit-sharing, stock bonus, thrift, medical, sickness, accident, or disability benefits) wherein the beneficiaries are the employees of the corporation. (b) Pre-need Accounts This refers to trust agreements established by corporate clients operating pre-need plans in compliance with the regulatory requirement to maintain trust accounts for such activities. (c) Other Institutional Trust Accounts This refers to trust agreements, where the trustor is a juridical entity, established for purposes, which cannot be appropriately classified under Items (a) and (b). (3) Individual Trust Accounts This refers to trust agreements where the trustor is an individual or a natural person. This shall be comprised of the following: (a) Personal Trust This refers to trust agreements created in respect of the trustors estate, which shall be comprised of the following: (i) Living Trust This refers to trust agreements where the trustor creates a separate estate out of his general estate, to be managed by the trust institution, for the benefit of the designated beneficiaries, which could be the trustor and a third person(s) or third person(s) only. Under this trust agreement, the trustor cannot create a trust with himself as the sole beneficiary. Living trust agreements shall define the functions and authorities of the trustee. It shall likewise include provisions on the following: (1) the purpose or intention of the trust; (2) the nature and value of the property or sum of money that comprise the trust; (3) the trustees investment powers; (4) the name(s) of the beneficiaries; and (5) the terms and conditions under which the income and/or principal of the trust is to be paid or to be disposed of during the lifetime and ultimately, upon the death of the trustor
APP. 77a 11.12.31
or upon the occurrence of a specified event(s). The trust shall be operative during the lifetime of the trustor and may either be irrevocable or revocable as explicitly indicated in the agreement. (ii) Testamentary Trust This refers to trust agreements created by will. The trust shall become operative only upon the death of the trustor. This agreement involves management of properties and/or funds transferred to the trust institution upon death of testator, pending full distribution to beneficiaries subject to conditions set forth in the will/trust. (b) Personal Pension Fund This refers to trust agreements where the trustor contributes to a personal pension fund, which is managed by the trustee to build up a fund to provide the trustor with periodic income upon retirement. (c) Personal Retirement Fund This refers to trust agreements where the trustor puts up his own fund, which the trustee shall hold and manage exclusively for the future needs of the trustor, specifically at retirement. This shall include individual accounts that are pre-need in nature. (d) Other Individual Trust Accounts This refers to trust agreements, where the trustor is an individual or a natural person, which cannot be appropriately classified under Items (a) to (c). II. Other Fiduciary Services This refers to trust/agency agreements other than those classified under Item I wherein the trust institution may act as the depository of the assets and properties and shall manage the same in accordance with the provisions of the trust agreement. This shall be comprised of the following: (1) UITFs - Other Fiduciary Services This refers to UITFs where the trust institution only performs fund management functions. (2) Court Trusts This shall be comprised of the following:
(a) Administratorship This refers to trust agreements where the trust institution administers properties under a property administration agreement or under orders of courts of competent jurisdiction to manage and distribute the estate of a deceased person without a will, or a testator who has no executor. The trust institution may be empowered to perform some specific functions, such as enter into contracts of lease, collect rental due to the property, or pay taxes that may be levied upon the subject property. (b) Executorship This refers to trust agreements where the trust institution is designated as executor and carries out the testators last will in settling his estate. (c) Guardianship This refers to trust agreements where the trust institution, as appointed by a court of competent jurisdiction, shall hold the properties or the estate of a minor, an incompetent, incapacitated or irresponsible person. (3) Legislated and Quasi-Judicial Trust This refers to trust agreements mandated by law, executive order, a court or other government regulatory agency, such as in cases of, but not limited to receivership, receiving/custodianship arrangements for IPOs, rights, or offerings. (4) Property Administratorship This refers to agreements where the trust institution is authorized to perform specific functions in respect of the properties administered such as but not limited to entering into contracts of lease, collecting rentals due to the property and paying taxes that may be due. (5) Corporate Fiduciary Accounts This refers to trust/agency agreements where the trustor is a juridical entity. This shall be comprised of the following: (a) Trust Under Indenture This refers to trust agreements/indentures where the trust institution holds properties, which are the subject of mortgage or collateral for bond
APP. 77a 11.12.31
issues or other obligations, for the benefit of both the creditor(s) and the borrower(s). (b) Facility/Loan Agency This refers to agency agreements usually created in view of the extension of syndicated loans, where the trust institution takes care of collection of payments for facility/loan accounts for remittance to the creditor(s). This may involve monitoring of compliance by parties to the facility/loan agreement. (c) Transfer Agency This refers to agency agreements where the trust institution is engaged in ascertaining, verifying and recording the ownership and transfer of stocks, commercial papers, certificates or registered stock purchase warrants. Transfer agency services likewise involve issuance of the original certificates of stocks, keeping in custody the unissued certificates, replacement of lost or destroyed certificates and stock bookkeeping. (d) Depository and Re-organization This refers to trust agreements where the trust institution acts as the depository of a companys assets/properties prior to its reorganization. In some cases, the trust institutions shall likewise be in-charge of the reorganization of the company, which may be in the form of mergers, consolidations or spin-offs. (6) Escrow - This refers to agency agreements, where the trust institution holds money, securities or properties deposited by the principal, the eventual delivery of which to a third party shall be contingent upon the happening of a certain event or upon the action taken by the principal or third party, or both. (7) Custodianship - This refers to agency agreements where the trust institution is a BSP accredited third party securities custodian, which keeps and preserves securities as defined under the Securities Regulation Code as directed by the client. This shall involve the performance of other services such as but not limited to marking-
to-market, collecting and crediting interest and dividends earned from investments and attending to calls/maturities/conversion of securities. In no case shall the performance of such services involve activities that are similar to investment management. (8) Safekeeping This refers to agency agreements where the property owner turns over to the trust institution his valuables or other instruments such as or those similar to transfer certificate of title or certificate of deposits, where the trust institution has no other duty but to keep the property safe and return or deliver the same to the owner upon the latters order or instruction. (9) Life Insurance Trust This refers to agency agreements, where the trust institution shall collect the proceeds of the life insurance policy of the client upon the death of the insured to distribute the same to beneficiaries indicated in the agreement. (10) Others This refers to other fiduciary services, which cannot be appropriately classified under any of the foregoing accounts. III. Agency This refers to a relationship wherein the trust institution (agent) binds itself to render asset management services in representation or on behalf of the client (principal), with the consent or authority of the latter. The trust institution as agent does not hold legal title to the asset as it remains with the principal. This shall be comprised of the following wealth/asset/fund management agency services: Wealth/Asset/Fund Management - This refers to agency agreements established to provide asset management services to the client where the trust institution exercises either discretionary or non discretionary investment authority under an agency contract. Trust institutions offering wealth/ asset/fund management agency services are presumed to have the expertise in fund management and should have at a
APP. 77a 11.12.31
minimum, competent investment managers and appropriate infrastructure for asset preservation and growth. (1) Institutional Agency Accounts This refers to agency agreements where the principal is a juridical entity such as but not limited to corporations, institutions, organizations or incorporated funds (e.g. retirement funds, pension funds, etc.). This shall be comprised of the following: (a) Employee Benefit This refers to agency agreements, which were established to hold the assets of an employee benefit plan (maintained by an employer or employee or, both, for the purpose of providing the employee/s certain benefits, e.g., pension, profit-sharing, stock bonus, thrift, medical, sickness, accident, or disability benefits) wherein the beneficiaries are the employees of the corporation. (b) Pre-need Accounts This refers to agency agreements established by corporate clients operating pre-need plans outside of regulatory requirements. (c) Other Institutional Agency Accounts This refers to agency agreements, where the principal is a juridical entity, established for purposes, which cannot be appropriately classified under Items (a) and (b). (2) Individual Accounts This refers to agency agreements where the principal is an individual or a natural person. (a) Personal Pension Fund This refers to agency agreements where the principal contributes to a personal pension fund, which is managed by the agent to build up a fund to provide the trustor with a periodic income upon retirement. (b) Personal Retirement Fund This refers to agency agreements where the principal puts up his own fund, which the agent shall hold and manage for the future needs of the principal, specifically at retirement. (c) Other Individual Agency Accounts This refers to agency agreements, where the principal is an individual or a natural
person, which cannot be appropriately classified under Items (a) to (b). IV. Advisory/Consultancy - This refers to an engagement where trust institutions offer advisory/consultancy services primarily aimed to create wealth either through investments or other vehicles. Trust institutions offering advisory/consultancy services are presumed to possess the expertise on technical areas such as but not limited to tax, estate and retirement planning. Advisory/Consultancy services exclude execution, settlement and account administration of advised transaction unless covered by a separate engagement established for such purpose. V. Special Purpose Trust This refers to trust created under securitization agreements, with powers as provided under the Securitization Act of 2004 (Republic Act No. 9267) and its Implementing Rules and Regulations. MANUAL OF ACCOUNTS BALANCE SHEET ACCOUNTS Asset Accounts 1. Cash on Hand This refers to the total amount of trust, other fiduciary and investment management funds in the form of notes and coins held in the custody of an accountable officer or employee of the trust institution. (a) Local Currency -This refers to the total amount of cash on hand denominated in Philippine currency. (b) Foreign Currency -This refers to the total amount of cash on hand denominated in foreign currency. This shall be limited to foreign currencies acceptable to form part of the international reserves. Checks and Other Cash Items (COCI) -This refer to the total amount of checks and other cash items received during the day for deposit the following day. This account may consist of the following:
APP. 77a 11.12.31
Checks drawn on other banks Checks drawn on own bank, i.e., Managers/Cashiers/Treasurers Checks Treasury Warrants All COCIs shall be presented for clearance/acceptance/settlement on the following banking day. Items excluded herein are the following: Postdated Checks COCIs received on collection basis Out-of-town Checks not collectible through established clearing channels Items returned from clearing All other cash items not in process of collection This shall include COCIs received by authorized Philippine Clearing House Corporation (PCHC) couriers for delivery to the PCHC for settlement. (a) Local Currency - This refers to the total amount of COCIs denominated in Philippine currency. (b) Foreign Currency - This refers to the total amount of COCIs denominated in foreign currency. This shall be limited to foreign currencies acceptable to form part of the international reserves. 2. Due from Bangko Sentral ng Pilipinas (BSP) This refers to the balance of the deposit account maintained with the BSP, which shall be comprised of the following : (a) Reserve Deposit Account - This refers to the amount of funds/securities placed with the BSP to comply with the reserve requirements. (b) Special Deposit Account This refers to the amount of uncollateralized short term borrowings by the BSP used to siphon off excess liquidity in the market and is priced at a premium over reverse repurchase. 3. Deposits in Banks (a) Resident Banks -This refers to the balances of deposit accounts maintained with resident banks excluding loans and advances. This shall comprise of the following sub-accounts:
(i) Deposits in Banks Resident Banks Own Bank This refers to the balances of deposit accounts maintained in own bank. (ii) Deposits in Banks Resident Banks Other Banks - This refers to the balances of deposit accounts maintained in other banks. These sub-accounts shall be comprised of the following control accounts: Demand Deposits - This refers to the balance of trust, other fiduciary and investment management funds maintained in deposits subject to withdrawal either by check or thru the automated tellering machines, which are otherwise known as current or checking accounts. Savings Deposits This refers to the balance of trust, other fiduciary and investment management funds maintained in interest-bearing deposits, which are withdrawable either upon presentation of a properly accomplished withdrawal slip together with the corresponding passbook or thru the automated tellering machines. Time Certificates of Deposit This refers to the balance of trust, other fiduciary and investment management funds maintained in interest-bearing deposits with specific maturity dates and evidenced by certificates issued by the bank. Special Savings Deposits This refers to the balance of trust, other fiduciary and investment management funds maintained in special savings deposits. (b) Non-Resident Banks - This refers to the balances of deposit accounts maintained with non resident banks and Offshore Banking Units (OBUs). The following control accounts shall be maintained for this account.: Demand Deposits Savings Deposits Time Certificates of Deposit Special Savings Deposits
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4. Financial Assets at Fair Value through Profit or Loss (FVPL) This refers to debt/ equity securities that are designated at fair value through profit or loss upon initial recognition and derivatives instruments that are not held for hedging. Financial assets at FVPL shall be measured upon initial recognition at their fair value. Transaction costs incurred at the acquisition of financial assets at FVPL shall be recognized directly in profit or loss. After initial recognition, a trust institution shall measure financial assets at FVPL at their fair values without any deduction for transaction costs that it may incur on sale or other disposal. A gain or loss arising from a change in the fair value of financial assets at FVPL shall be recognized in profit or loss. (a) Debt and Equity Securities This refers to debt and equity securities that are measured at fair value through profit or loss. (b) Derivatives with Positive Fair Value Held for Trading - This refers to the positive fair value of derivatives acquired for trading activities. This may consist of the following derivatives contracts: (1) Interest Rate Contracts This refers to the contracts related to an interest bearing financial instrument or whose cash flows are determined by referencing interest rates or another interest rate contract (e.g., an option on a futures contract to purchase a Treasury Bill). (2) Foreign Exchange Contracts This refers to contracts to purchase/sell foreign currencies in the forward market, over the counter or an organized exchange. A purchase of foreign currency is equivalent to a sale of Philippine currency. A transaction involving two foreign currencies is treated as two separate foreign exchange contracts against Philippine currency. (3) Equity Contracts This refers to contracts that have a return, or a portion of their return linked to the price of a particular equity or to an index of equity prices.
(4) Credit Derivatives - This refers to arrangements that allow one party (the beneficiary) to transfer the credit risk of a reference asset to another party (the guarantor). 5. Available-for-Sale (AFS) Financial Assets - This refers to securities that are designated as available-for-sale, which shall be measured upon initial recognition at their fair value plus transaction costs that are directly attributable to the acquisition of securities. After initial recognition, a bank shall measure AFS at their fair values, without any deduction for transaction costs it may incur on sale or other disposal. A gain or loss arising from a change in the fair value of an AFS security shall be recognized directly in other accountabilities under the account Net Unrealized Gains/(Losses) on AFS Financial Assets, except for impairment losses and foreign exchange gains and losses, until the financial asset is derecognized, at which time the cumulative gain or loss previously recognized in accountabilities shall be recognized in profit or loss. However, interest calculated using the effective interest method is recognized in profit or loss. Dividends on an AFS equity security are recognized in profit or loss when the clients right to receive payment is established. (a) AFS Debt Securities - This refers to debt securities that are designated as AFS. Unamortized Discount/Premium - This refers to the unamortized discount/premium on AFS debt securities, which shall be debited/credited monthly based on the effective interest method with the corresponding credit/ debit to Interest Income-AFS Debt Securities. (b) AFS Equity Securities -This refers to equity securities that are designated as AFS. Accumulated Market Gains/(Losses)This refers to cumulative gains/(losses) arising from change in the fair value of AFS
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financial assets. The contra cumulative account is Net Unrealized Gains/(Losses) on AFS Financial Assets, which is a separate component of other accountabilities. Allowance for Credit Losses - This refers to the amount of impairment loss that has been incurred on AFS financial assets. The amount shall be the difference between the acquisition cost (net of any principal repayment and amortization) and current fair value. A trust institution shall assess at each time it prepares financial statements whether there is any objective evidence that an AFS financial asset is impaired. When a decline in the fair value of an AFS financial asset has been recognized directly in other accountabilities and there is objective evidence that the asset is impaired, the cumulative loss that had been recognized directly in other accountabilities shall be removed from other accountabilities and recognized in profit or loss even though the financial asset has not been derecognized. The amount of the cumulative loss that is removed from other accountabilities and recognized in profit or loss shall be the difference between the acquisition cost (net of any principal repayment and amortization) and current fair value, less any impairment loss on that financial asset previously recognized in profit or loss. Impairment losses recognized in profit or loss for an investment in an equity instrument classified as AFS shall not be reversed through profit or loss. If, in a subsequent period, the fair value of a debt instrument classified as AFS increases and the increase can be objectively related to an event occurring after the impairment loss was recognized in profit or loss, the impairment loss shall be reversed, with the amount of the reversal recognized in profit or loss.
The amount of impairment loss for the period shall be recognized in profit or loss under the account Provision for Credit Losses. 6. Held-to-Maturity (HTM) Financial Assets This refers to debt securities, quoted in an active market with fixed or determinable payments and fixed maturity, that a client has the positive intention and ability to hold to maturity other than: (a) those that upon initial recognition are designated as at fair value through profit or loss; (b) those that are designated as available for sale; and (c) those that meet the definition of loans and receivables. A trust institution shall not classify any debt security as HTM if the client has, during the current financial year or during the two preceding financial years, sold or reclassified more than an insignificant amount of HTM investments before maturity (more than insignificant in relation to the total amount of HTM investments) other than sales or reclassifications that: (a) are so close to maturity or the securitys call date (i.e., less than three months before maturity) that changes in the market rate of interest would not have a significant effect on the securitys fair value; (b) occur after the client has substantially collected all (i.e., at least 85 percent) of the securitys original principal through scheduled payments or prepayments; or (c) are attributable to an isolated event that is beyond the clients control, is nonrecurring and could not have been reasonably anticipated by the client. For this purpose, the phrase more than an insignificant amount refers to sales or reclassification of one percent (1%) or more of the outstanding balance of the HTM portfolio: Provided, however, That sales or reclassification of less than one percent (1%) shall be evaluated on case to case basis.
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The aforementioned tainting provision on HTM securities shall be applied on a per client basis. HTM securities shall be measured upon initial recognition at their fair value plus transaction costs that are directly attributable to the acquisition of the securities. After initial recognition, a trust institution shall measure HTM securities at their amortized cost using the effective interest method. A gain or loss arising from the change in the fair value of the HTM security shall be recognized in profit or loss when the security is derecognized or impaired, and through the amortization process. Unamortized Discount/Premium This refers to the unamortized discount/ premium on HTM debt securities, which shall be debited/credited monthly based on the effective interest method with the corresponding credit/debit to an interest income account. Allowance for Credit Losses - This refers to the cumulative amount of impairment loss that has been incurred on HTM securities. A trust institution shall assess at each time it prepares the clients financial statements whether there is any objective evidence that an HTM security is impaired. If there is an objective evidence that an impairment loss on HTM securities has been incurred, the amount of loss is measured as the difference between the securitys carrying amount and the present value of estimated future cash flows (excluding future credit losses that have not been incurred) discounted at the securitys original effective interest rate (i.e. the effective interest rate computed at initial recognition). The amount of impairment loss for the period shall be recognized in profit or loss.
7. Unquoted Debt Securities Classified as Loans (UDSCL) - This refers to unquoted debt securities, with fixed or determinable payments. UDSCL shall be measured upon initial recognition at their fair value plus transaction costs that are directly attributable to the acquisition of the securities. After initial recognition, a trust institution shall measure these securities at their amortized cost using the effective interest method. A gain or loss arising from the change in the fair value of UDSCL shall be recognized in profit or loss when the security is derecognized or impaired, and through the amortization process. Unamortized Discount/Premium This refers to the unamortized discount/ premium on UDSCL, which shall be debited/credited monthly based on the effective interest method with the corresponding credit/debit to an interest income account. Allowance for Credit Losses - This refers to the amount of impairment loss that has been incurred on UDSCL. A trust institution shall assess at each time it prepares the clients financial statements whether there is any objective evidence that a UDSCL security is impaired. If there is an objective evidence that an impairment loss on UDSCL has been incurred, the amount of loss is measured as the difference between the securitys carrying amount and the present value of estimated future cash flows (excluding future credit losses that have not been incurred) discounted at the securitys original effective interest rate (i.e. the effective interest rate computed at initial recognition). The amount of impairment loss shall be recognized in profit or loss under the account Provision for Credit Losses.
APP. 77a 11.12.31
8. Investments in Non-Marketable Equity Securities (INMES) This refers to equity instruments that do not have a quoted market price in an active market, and whose fair value cannot be reliably measured. INMES shall be measured upon initial recognition at its fair value plus transaction costs that are directly attributable to the acquisition of the security. After initial recognition, a trust institution shall measure INMES at cost. A gain or loss arising from the change in fair value of the INMES shall be recognized in profit or loss when the security is derecognized or impaired. Allowance for Credit Losses - This refers to the cumulative amount of impairment loss that has been incurred on INMES. A trust institution shall assess at each time it prepares the clients financial statements whether there is any objective evidence that an INMES is impaired. If there is an objective evidence that an impairment loss on INMES has been incurred, the amount of impairment loss is measured as the difference between the carrying amount of the security and the estimated future cash flows discounted at the current market rate of return for a similar financial instrument. Such impairment loss shall not be reversed. 9. Loans and Receivables This refers to non-derivative financial assets with fixed or determinable payments that are not quoted in an active market, other than those that the client intends to sell immediately or in the near term or those that upon initial recognition are designated as at fair value through profit or loss. Quoted loans and receivables shall be classified as debt securities. Loans and receivables shall be measured upon initial recognition at fair value plus transactions costs that are directly attributable to the
acquisition of the loans and receivables. After initial recognition, a trust institution shall measure Loans and Receivables at amortized cost using the effective interest method. Unamortized Discount and Other Deferred Credits This refers to the unamortized discount and other deferred credits on Loans and Receivables, which shall be debited monthly based on the effective interest method with the corresponding credit to an interest income account. Allowance for Credit Losses This refers to the cumulative amount set-up against current operations to provide for losses, which may arise from the noncollection of loans and receivables. 10. Loans and Receivables Arising from Repurchase Agreement or Securities Lending and Borrowing Transactions This refers to the amortized cost of loans arising from repurchase agreements or securities lending and borrowing transactions. Allowance for Credit Losses This refers to the cumulative amount set-up against current operations to provide for losses, which may arise from the noncollection of loans and receivables arising from repurchase agreements or securities and lending and borrowing transactions. General Loan Loss Provision (GLLP) This refers to the amount of general provision for loan losses not linked to individually identified uncollectible accounts required to be set up under existing regulations. The allowance for losses on loans and receivables should be the higher of the PFRS/ PAS provisioning requirements or the BSP recommended valuation reserves (inclusive of general loan loss provision). In which case, compliance with the BSP recommended valuation reserves shall be evaluated on an aggregate basis.
APP. 77a 11.12.31
11. Derivatives with Positive Fair Value Held for Hedging - This refers to the positive fair value of derivatives that are designated and effective hedging instruments. 12. Sales Contract Receivable (SCR) - This refers to the amortized cost of assets acquired in settlement of loans through foreclosure or dation in payment and subsequently sold on installment basis whereby the title to the said property is transferred to the buyers only upon full payment of the agreed selling price. This shall be recorded initially at the present value of the installment receivable discounted at the imputed rate of interest. Discount shall be accreted over the life of the SCR by crediting interest income using the effective interest method. Any difference between the present value of the SCR and the derecognized assets shall be recognized in profit or loss at the date of sale in accordance with the provisions of PAS 18. This shall be comprised of the following control accounts: (a) Performing This refers to the amortized cost of performing sales contract receivables. (b) Non-Performing - This refers to the amortized cost of non-performing sales contract receivables. Allowance for Credit Losses - This refers to the cumulative amount of impairment loss that has been incurred on SCR. 13. Accrued Interest Income from Financial Assets This refers to interest income from financial assets that are already earned but not yet collected/received. Allowance for Credit Losses - This refers to the cumulative amount set up against current operations to provide for losses that may arise from non-collection of accrued interest income fro financial assets. 14. Investment Properties This refers to investment properties purchased for long term capital appreciation, which shall be initially measured at cost plus any directly attributable expenditures. Investment
properties shall be subsequently measured using the cost model except for investment properties of certain institutional accounts (i.e., pre-need; employee benefit accounts such as retirement and pension funds with long-term commitment and insurance companies), which shall be subsequently measured using the fair value model. Accumulated Depreciation - This refers to the accumulated depreciation of Investment Properties, which shall be set up monthly against current operations. Allowance for Losses - This refers to the cumulative amount of impairment loss incurred on Investment properties, which shall be accounted for in accordance with PAS 36. 15. Real and Other Properties Acquired (ROPA) - This refers to real and other properties, other than those used for banking purposes or held for investment, acquired in settlement of loans through foreclosure or dation in payment and/or for other reasons, whose carrying amount will be recovered principally through a sale transaction. Acquired properties shall be booked under the ROPA account as follows: (i) upon the date of entry of judgment in case of judicial foreclosure; (ii) upon the date of Sheriffs Certificate of Sale in case of extrajudicial foreclosure; or (iii) upon the date of notarization of the Deed of Dacion in case of dation in payment (dacion en pago). This shall be booked initially at the carrying amount of the loan (i.e., outstanding loan balance adjusted for any unamortized premium or discount less allowance for credit losses computed based on PAS 39 provisioning requirements) plus booked accrued interest less allowance for credit losses plus transaction costs incurred upon acquisition (such as non-refundable capital gains tax and documentary stamp tax paid in connection with the foreclosure/ purchase of the acquired real estate
APP. 77a 11.12.31
property): Provided, That if the carrying amount of ROPA exceeds P5 million, the appraisal of the foreclosed/purchased asset shall be conducted by an independent appraiser acceptable to the BSP. Accumulated Depreciation - This refers to the accumulated depreciation of ROPA Buildings and Other Properties Acquired, which shall be set up monthly against current operations. Allowance for Losses - This refers to the cumulative amount of impairment loss incurred on ROPA, which shall be accounted for in accordance with PAS 36. 16. Other Assets (a) Servicing Assets This refers to the fee received from securitization transactions that is expected to be more than adequate compensation for the servicing right of trust institutions. (b) Accounts Receivable - This refers to the following: Amounts due from customers and other parties under open-account arrangements including miscellaneous advances made, such as cable expenses, outof-pocket collection charges, documentary stamps, commissions and insurance premiums. Claims such as tax refund and insurance proceeds. Other claims (c) Dividends Receivable - This refers to cash dividends earned but not yet received on shares of stocks owned by the client that are held under FVPL; AFS and INMES. (d) Rental Receivable This refers to rentals on properties under lease agreement that are already earned but not yet received/ collected. (e) Prepaid Expenses This refers to expense prepayments expected to benefit the account for a future period not exceeding one year (e.g., insurance premiums, rent and interest on time certificates of deposit, etc.)
paid in advance, which shall be amortized monthly. (f) Others This refers to other asset accounts such as, but not limited to the following: (i) Foreign Currency Notes and Coins on Hand not Acceptable as International Reserves This refers to the total amount of foreign currency notes and coins on hand not acceptable to form part of the international reserves. (ii) Foreign Currency Checks and Other Cash Items not Acceptable as International Reserves - This refers to the total amount of checks and other cash items not acceptable to form part of the international reserves. (iii) Returned Checks and Other Cash Items This refers to the total amount of checks and other cash items, returned to/by the client or dishonored/found to be defective for certain reasons such as insufficiency of funds and alterations in the documents. (iv) Miscellaneous Checks and Other Cash Items - This refers to the total amount of checks and other cash items other than those booked under Checks and Other Cash Items, and Returned Checks and Other Cash Items accounts such as miscleared and missorted checks. (v) Deposits with Closed Financial Institutions/Financial Institutions in Liquidation This refers to demand, savings, and/or time deposits maintained with a bank and/or private securities/ commercial papers purchased from financial institutions (banks and nonbanks), which have been closed or placed under liquidation. (vi) Miscellaneous Assets This refers to items/transactions, which cannot be appropriately classified under any of the foregoing asset accounts. Allowance for Losses This refers to the amount of impairment loss incurred
APP. 77a 11.12.31
on other assets, which shall be accounted for in accordance with PASs 39 and 36. Accountabilities 1. Principal This refers to funds and/or property that have been set aside by the owner or the person legally empowered, which are held in a trust, fiduciary or investment management capacity eventually to be delivered to a person entitled to such principal and the accumulated income derived therefrom. 2. Accumulated Income This refers to the accumulated profits arising from the use of the principal. 3. Net Unrealized Gains/(Losses) on AFS Financial Assets (a) Debt Securities - This refers to the contra account of Accumulated Market Gains/(Losses) - AFS Debt Securities. The account is credited for gains and debited for losses from change in the fair value of the AFS Debt Securities. (b) Equity Securities - This refers to the contra account of Accumulated Market Gains/(Losses) AFS Equity Securities. The account is credited for gains and debited for losses from change in the fair value of the AFS Equity Securities. Other Accountabilities 4. Derivatives with Negative Fair Value Held for Trading This refers to the negative fair value of derivatives acquired for trading activities.
5. Derivatives with Negative Fair Value Held for Hedging This refers to the negative fair value of derivatives that are designated and effective hedging instruments. 6. Unearned Income (a) Advanced Rentals on Investment Properties/ROPA This refers to the unearned portion of rentals received in advance on investment properties/ROPA, which shall be amortized monthly to income for the earned portion. (b) Others This refers to other unearned income, which cannot be classified under Item (a). 7. Due to the Bureau of Internal Revenue This refers to taxes withheld/collected for remittance to the Bureau of Internal Revenue. 8. Accrued Expenses This refers to the estimated liability for other unpaid expenses, which shall be set-up monthly against current operations. 9. Accounts Payable This refers to other obligations of the trust fund under open account arrangements. 10. Miscellaneous Liabilities This refers to items/transactions, which cannot be appropriately classified under any of the foregoing accounts.
(Circular No. 609 dated 26 May 2008, as amended by Circular Nos. 675 dated 22 December 2009, 666 dated 4 September 2009, 659 dated 22 July 2009, M-2008-022 dated 26 June 2008, 633 dated 28 November 2008, M-2008-032 dated 31 October 2008 and 613 dated 18 June 2008)
APP. 78 08.12.31
GUIDELINES FOR TRUST DEPARTMENTS PLACEMENTS IN THE SPECIAL DEPOSIT ACCOUNT FACILITY OF THE BANGKO SENTRAL (Appendix to Subsec. X409.2) The following are the guidelines governing the trust deparments placements in the SDA facility of BSP. 1. Access to the subject BSP facility shall be granted upon receipt by the BSP Treasury Department (BSP-TD) of a letter of request ( Appendix 78 Annex 1 ) for account opening together with the following requirements: a. Internal approvals allowing the trust department to invest in the BSP SDA facility; b. A list of authorized signatories; c. A list of authorized traders; and d. Contact details for the front and back offices. 2. The trust department shall use a depository institution that is a PhilPASS member when placing its funds in the SDA facility. On transaction date, the trust department shall instruct said depository institution to debit their account in favor of their SDA with the BSP. Similarly, the trust department shall specify a PhilPASS member to which its principal and interest will be credited at maturity of the SDA placement. 3. Trading hours shall be from I0:00 am to 3:00 pm for all business days. All trades shall settle on trade date. 4. Applicable tenors and pricing shall be based on published rates (i.e., in Bloombergs CBPHI and Reuters BANGKO page). 5. The existing tiering scheme, as detailed below shall be applied to the SDA placements of the trust departments separately from the placements of their bank proper. Tier Tiered Rate
Amounts less than or equal to P5.0 billion BSP published rate
Tier
Amounts in excess of P5.0 billion up to PI0.0 billion Amounts in excess of PI0.0 billion
Tiered Rate
BSP published rate less 2% BSP published rate less 4%
6. The minimum placement is P10.0 million with the additional amounts in increments of PI .0 million. 7. Trust departments may place only once per tenor per day 8. Trust departments may preterminate their SDA placements, either fully or partially. If the holding period of the SDA placement when it is rate preterminated is less than fifty percent (50%) of the original tenor of the said placement, the applicable interest rate for the preterminated amount will be the rate dealt on value date less two percent (2%) p.a. If the holding period is fifty percent (50%) or more of the original tenor, the applicable interest rate for the pre-terminated amount will be the rate dealt on value date less one percent (1%) p.a. The pre-termination rate shall apply only to the amount pre-terminated. 9. The income from the SDA is subject to a twenty percent (20%) final withholding tax 10. Depository institution shall generally follow the existing settlement process for SDA placements with BSP of banks. The trust department will be required to send the transaction confirmation directly to the BSP-TD back office. A sample confirmation is attached as Appendix 78 Annex 1 and Annex 2. 11. Trust departments may request a statement from the BSP-TD for their outstanding SDA placement as of a specified date.
(M-2007-011 dated 08 May 2007)
APP. 78 08.12.31
Annex 1 (Institutions Letterhead)
Date:_____________________ Mrs. Ma. Ramona GDT Santiago Managing Director Treasury Department Bangko Sentral ng Pilipinas Dear Madam: Pursuant to Monetary Board Resolution Nos. 433 and 518 dated 19 April 2007 and 3 May 2007, allowing trust departments to place their funds in the BSPs Special Deposit Account (SDA) facility, the trust department of (name of institution) respectfully request the creation of an account for the said facility. Please find attached the following documents, as required: a. Internal approvals allowing the trust department to invest in the SDA facility; b. A list of authorized signatories; c. A list of authorized traders; and d. Contract details for the front and back offices. For your kind attention. Very truly yours, __________________________ (AUTHORIZED SIGNATORY)1 __________________________ (AUTHORIZED SIGNATORY)2
APP. 78 08.12.31
Annex 2 (Institutions Letterhead)
Date:_________________ TREASURY DEPARTMENT Treasury Services Group - Domestic Bangko Sentral ng Pilipinas Gentlemen: This is to confirm our Special Deposit Account placement to yourselves as follows: VALUE DATE TERM MATURITY DATE RATE PRINCIPAL AMOUNT GROSS INTEREST WITHHOLDING TAX NET MATURITY VALUE On value date, our funds will come from Regular Demand Deposit account of (name of depository bank). Accordingly, please CREDIT the Regular Demand Deposit Account of (name of depository bank) on maturity date the amount of ____________PESOS (P___________), representing full payment of the principal plus interest (net of applicable withholding tax) thereon.
Very truly yours,
(AUTHORIZED SIGNATORY)1
(AUTHORIZED SIGNATORY)2
APP. 78a 08.12.31
SPECIAL DEPOSIT ACCOUNT PLACEMENTS OF TRUST DEPARTMENTS/ ENTITIES AS AGENT FOR TAX-EXEMPT INSTITUTIONS AND ACCOUNTS
(Appendix to Subsection X409.2) Section 1. Placement of tax-exempt accounts in the SDA facility should comply with existing minimum placement and incremental requirements for the SDA facility. Sec. 2. On transaction date, the trust department/entity must inform the BSP the exact amount of the tax-exempt placement in the SDA and submit the following supporting documents: a. Copy of the relevant ruling from the BIR, duly certified by the latter, affirming the exemption from taxes of the income earned by concerned TEls or accounts from their investments; b. Copy of the board resolution duly certified by the corporate secretary authorizing the placement (directly for managed funds or indirectly through designated trustee bank/FI in the case of managed trust funds) in the SDA facility; c. Copy of the covering trust agreement; and d. Certification from the trust department that such placements, for as long as these are outstanding, are owned by the specified TEls and are accordingly exempt from said twenty percent (20%) final withholding tax (FWT). Shown in Annex 1. Advance copies may be sent through facsimile (facsimile number 523-3348) or electronic mail of BSP-Treasury Back Office personnel (jsiguenza@bsp. gov. ph). Absent the supporting documents by end of the business day, the tax-exempt placement will be cancelled. Sec. 3. For outstanding tax-exempt SDA placements as of 01 November 2007, trust departments must submit the documents specified in Item "2" hereof on or before 04 December 2007 to avail of the exemption from withholding tax.
( M-2007-038 dated 29 November 2007)
APP. 78a 08.12.31
Annex 1 (Trust Entity/Departments Letterhead) Date:

Ms. Ma. Ramona GDT Santiago Managing Director Treasury Department Bangko Sentral ng Pilipinas A. Mabini corner P. Ocampo Sts. Manila 1004 Dear Ms. Santiago: This refers to the placement/s amounting to (Peso Amount) placed in the BSPs SDA facility at (SDA rate) % per annum for value (Value date) to mature on (Maturity date). This is to certify that the above placement/s is/are transacted on behalf of the following Tax-Exempt Institutions (TEI) or tax-exempt funds and interest income thereon are exempt from the twenty percent (20%) final withholding tax based on the corresponding BIR rulings: Tax Exempt Institutions Basis (BIR Ruling No. and date) Amount
1. 2. 3. (rows may be increased depending on number of placements) TOTAL This is to further certify that above placements will be owned by the specified TEIs/tax-exempt funds for as long as these placements are outstanding. In the event that the BSP is assessed for deficiency final withholding tax on the above placements by the Bureau of Internal Revenue (BIR), (Bank name) shall be liable for and pay such deficiency taxes and surcharges, and/or indemnify/reimburse the BSP for such deficiency taxes and surcharges that the latter may eventually pay to the BIR as a result thereof. Further, (Bank name) hereby authorizes the BSP to automatically debit its regular demand deposit account with the BSP for payment or reimbursement of any such deficiency taxes and surcharges. Sincerely yours, HEAD OF TRUST DEPARTMENT SUBSCRIBED AND SWORN to before me this ____ day of 2007 at , affiant exhibiting to me his Community Tax Certificate/Passport No. , issued at , on . Notary Public Doc. No. Page No. Book No. Series of _________; _________; _________; 200___ Manual of Regulations for Banks
APP. 79 09.12.31
GUIDELINES IN DETERMINING COMPLIANCE WITH CEILINGS ON EQUITY INVESTMENTS

(Appendix to Secs. X378, X380, 1381, and X383, Subsecs. X379.1, 1381.1, and 1381.2)
The following are the guidelines in determining compliance with ceilings on equity investments prescribed under Sections/Subsections X3781, X379.1, X380, 1381, 1381.1, 1381.2 and X383, in view of the adoption of the PFRS/PAS: a. Components of equity investment. Equity securities booked under the Designated at Fair Value Through Profit or Loss (DFVPL), Available-For-Sale, Investment in Non-Marketable Equity Securities (INMES) and Equity Investments in Subsidiaries/Associates/Joint Ventures categories shall all be considered in computing for compliance with the ceilings on equity investments prescribed under Sec. X383 and Subsec. X379.1: Provided, That Underwritten equity securities booked under the Available-For-Sale category shall be excluded from total equity investments for a period of two (2) years from the date of acquisition thereof: Provided, further, That upon prescription of the two (2) year period, such equity securities shall be booked according to intention and shall then be included in the computation of compliance with the prescribed ceilings. For this purpose, the following financial instruments shall likewise be included in the computation of compliance with the prescribed ceilings: (1) Equity securities including those accounted for as debt instruments booked under the Held for Trading (HFT) category, which remain unsold for more than one (1) year. (2) Mandatorily redeemable preferred shares and preferred shares of similar nature that are accounted for as debt instruments, which may also be booked under the HTM or Unquoted Debt Securities Classified as Loans (UDSCL) categories.
1
(3) Investments in Hybrid Tier 1 securities that are issued in the form of perpetual preferred shares. b. Shares of stock acquired in settlement of loans. Shares of stock of another corporation acquired in settlement of loans shall be excluded from total equity investments for purposes of determining compliance with the prescribed ceilings on equity investments under Secs. X378, X380, 1381 and X383 and Subsecs. X379.1, 1381.1 and 1381.2: Provided, That confirmation of the Monetary Board shall be required in the following cases within thirty (30) days from the date of acquisition thereof: (1) Acquisition of shares of stock of non-allied enterprises by banks without universal banking authority, otherwise prohibited in Sec. 1381; (2) Acquisition of shares of stock of non-allied enterprises other than those specified under Subsec. 1381.1 by banks with universal banking authority, otherwise requiring prior Monetary Board approval; (3) Acquisition of shares of stock of non-allied enterprises by UBs in excess of limits provided in Subsec. 1381.2; (4) Acquisition of shares of stock of venture capital corporation in excess of limits provided in Subsec. X379.1; (5) Acquisition of shares of stock of financial allied enterprises by banks, in excess of limits provided in Sec. X378; (6) Acquisition of shares of stock of non-financial allied enterprises by TBs and RBs in excess of limit provided in Sec. X380; and (7) Acquisition of shares of stock in excess of limits provided in Sec. X383; Provided, further, That said confirmation shall be subject, among others, to the
amended by Circular No. 530 dated 19 May 2006
APP. 79 09.12.31
condition that such shares of stock shall be disposed of within a reasonable period not to exceed five (5) years from the date of acquisition thereof. c. Basis of computation. Compliance with the prescribed ceilings on equity investments shall be determined at each time additional equity securities are acquired or shall be considered in the computation as in the case of prescription of the two (2) year period for underwritten equity securities or in the case of equity securities booked under the HFT category, which remain unsold for more than one (1) year. Further, this shall be computed using the carrying amount of the equity securities, which shall be the fair value (marked-to-market amount) for those investments booked under HFT, DFVPL and Available- For-Sale, amortized cost for those investments booked under HTM and UDSCL or the cost and adjusted cost for those booked under INMES and Equity Investment in Subsidiaries/Associates/Joint Ventures, respectively, net of Allowance for Credit Losses where applicable. For this purpose, adjusted cost shall refer to the acquisition cost of Investments in Subsidiaries/Associates/Joint Ventures adjusted for the investors share of the profit or loss of investee after the date of acquisition and other adjustments to the carrying amount of the investment. d. Transitory Provisions. Banks with acquired shares of stock in settlement of loans that fall under any of the following cases, which have not been previously
confirmed by the Monetary Board, shall seek confirmation by the Monetary Board of such acquisition not later than ninety (90) banking days from 05 October 2007. (1) Those without universal banking authority with acquired shares of stocks of non-allied enterprises in settlement of loans prohibited in Sec. 1381; (2) Those with universal banking authority with acquired shares of stock nonallied enterprises in settlement of loans other than those specified under Subsec. 1381.1; (3) Those with universal banking authority with acquired shares of stock of non-allied enterprises in settlement of loans that are in excess of limits prescribed in Subsec. 1381.2; (4) Those with acquired shares of stock of financial allied enterprises in settlement of loans that are in excess of limits provided in Sec. X378; and (5) TBs and RBs with acquired shares of stock of non-financial allied enterprises in settlement of loans that are in excess of limit provided in Sec. X380. Provided, That said confirmation shall be subject, among others, to the condition that such shares of stock shall be disposed of within a reasonable period not to exceed five (5) years from 05 October 2007. e. Sanctions. Any violation of the provisions of this Appendix shall subject the bank and the director/s and/or officer/s concerned to the sanctions provided under Section 37 of R.A. No. 7653.
(Circular No. 581 dated 14 September 2007, as amended by Circular No. 671 dated 27 November 2009)
APP. 80 09.12.31
GUIDELINES AND PROCEDURES GOVERNING CURRENCY DEPOSITS AND WITHDRAWALS OF BANKS FOR CREDIT TO AND DEBIT FROM THEIR DEMAND DEPOSIT ACCOUNTS WITH THE BANGKO SENTRAL
[Appendix to Section X950 (2008 - X610)] Currency notes/coins are classified as fit, unfit and mutilated pursuant to Sec. X950. The BSP Cash Department (CD) and Regional Offices/Branches shall accept all types of currency notes/coins for deposit except mutilated currency notes/coins, which must be presented directly for determination of redemption/exchange value to CD or the nearest BSP Regional Office/Branch in accordance with Subsec. X950.6(f). Banks are encouraged to arrange direct exchange of their accumulated excess fit currency notes/coins with other banks to optimize circulation of said notes/coins and to deposit only unfit currencies to their DDAs with BSP. To facilitate the expeditious receipt of banks cash deposits and servicing of their cash withdrawals by BSP, all banks, including their provincial branches shall observe the following guidelines and procedures when making cash deposits and/or withdrawals with BSP CD or any of the BSP Regional Offices/Branches: a. Receiving/releasing of banks cash deposits/withdrawals shall start at 9:00 A.M. and end at 2:00 P.M. b. Banks should pre-sort all their currency notes/coins for fitness to ensure that only pre-counted fit or unfit currency is deposited with BSP to effect an expeditious servicing of banks cash withdrawals and retirement of unfit currency notes pursuant to the Clean Note Policy of BSP under Subsec. X950.5. c. The BSP shall accept fit and unfit note deposits only after conducting package and bundle count. Fit notes need not be verified piece-by-piece by the BSP before the same shall be re-issued to service cash withdrawals of banks. d. Bank deposits of fit currency notes referred to in Item "c" above not withdrawn by the banks shall be verified piece-by-piece by the BSP on scheduled dates. e. The BSP shall accept coin deposits in standard quantity per denomination in containers prescribed by BSP. CURRENCY DEPOSITS f. Head Offices/Cash Centers of banks in Metro Manila or their designated cash center/main branch in the provinces shall make direct deposits of currency notes and coins with the BSP CD or the nearest BSP Regional Office/Branch, respectively. The currency notes shall be duly classified as fit or unfit in accordance with the Currency Guide for Bank Tellers, Money Counters and Cash Custodians prepared by BSP CD, and by denomination pursuant to Subsec. X950.5 (a). g. In areas where there are no BSP Regional Offices/Branches, provincial branches of banks shall arrange with their respective Head Offices the shipment of their unfit notes/coins for deposit with BSP CD. Cost of shipment and other related expenses to be incurred shall be solely for the account of the bank concerned. h. Banks shall provide securely sealed transparent plastic bags prescribed by the BSP for their deposits at BSP CD; separately for the fit and unfit notes. Each plastic bag shall have uniform capacity of twenty (20) full bundles accompanied by a deposit slip for each type/category. The deposit slip for each type/category of currency notes shall be clearly labeled as FIT or UNFIT as the case may be. At the BSP Regional Offices/Branches, banks shall provide securely sealed portable metal sheet or GI sheet boxes measuring
APP. 80 09.12.31
15 in length x 12 in width x 14 in height for their deposits, separately for the fit and unfit notes. Each prescribed container shall have uniform capacity of twenty (20) full bundles, accompanied by a deposit slip for each type/category. The deposit slip for each type/category of currency notes shall be clearly labeled as Fit or Unfit as the case may be. i. To facilitate handling of cash deposits, notes and coins shall be arranged and placed in prescribed containers in the following manner: (1) Fit and Unfit Currency Notes (a) Notes of a single denomination must be arranged face and top up in packages of 100 pieces each: (b) The wrapper of each package shall be plainly marked with: (i) the denomination and amount of currency in the package; (ii) the date of verification; (iii) the printed name(s) and signature(s) of depositing banks employee(s) who performed the verification; and (iv) the name of the depositing bank, (c) Pins, clips and staple wires, if any, must be removed prior to deposit in order to avoid possible injury to employees and damage to equipment; (d) Individual packages of 100 notes each shall be strapped/bundled in standard units as follows:
Denomination Standard Value Unit No. of Package (Per 1 Bundle) 10 P 1,000,000.00 10 500,000.00 10 200,000.00 10 100,000.00 10 50,000.00 10 20,000.00
bundle/container subject to the provisions of Item i(1)(h); (f) Bundled notes shall be packed in sealed plastic containers in uniform quantity of twenty (20) complete bundles per denomination (each bundle containing 1,000 notes in ten equal packages, each package containing 100 notes) subject to the provisions of Item i(1)(h); g. A packing list/tag of the currency in each plastic container shall be placed inside the container. Another tag shall be attached to the container; and h. The regional offices/branches may however accept deposit of bundled notes packed in sealed containers in uniform quantity of twenty (20) complete bundles of one or various denominations. (2) Coins (a) The coin container bearing the name of the bank shall be prescribed by the BSP; (b) A tag shall be attached to each bag indicating the denomination, quantity, amount, and date deposited: (c) Individual bags shall contain standard quantities per denomination as follows:
Denomination 10-Piso 5-Piso 1-Piso 25-Sentimo 10-Sentimo 5-Sentimo 1-Sentimo Quantity (Pieces) 1,200 1,500 2,000 3,000 4,500 5,000 5,000 Value P12,000.00 7,500.00 2,000.00 750.00 450.00 250.00 50.00
1000-Piso 500-Piso 200-Piso 100-Piso 50-Piso 20-Piso
(e) Notes of different denominations shall not be mixed in a single package/
j. Upon delivery of the currency notes/coins to the BSP CD/Regional Office/Branch, the representative of the depositing bank shall witness the package and bundle count for notes and bag count for coins made by the BSP CD/Regional Office/Branch Accountable Officer concerned. If found in order, said BSP officer shall acknowledge receipt of the currency note/coin deposits.
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k. Deposits of currency notes at BSP CD need not be taken out of the container since contents are seen and can be counted through the transparent plastic bag. For deposits at BSP Regional Offices/Branches, the bundles of currency notes shall be returned by the authorized bank representative to the containers, duly sealed with the depositor banks logo and padlocked with the key/s controlled by the said representatives. l. The CD/Regional Office/Branch shall schedule piece-by-piece verification of cash deposits at a later date or whenever it deems necessary, to be duly witnessed by the banks authorized representatives. m. The CD/Regional Offices/Branches of BSP may refuse acceptance of cash deposits that do not conform to the foregoing guidelines and procedures. CURRENCY WITHDRAWALS n. The Cash Department (CD) shall service cash withdrawals of banks from their respective unverified fit currency deposits and/or from verified/new currencies in stock. The regional offices/branches shall service cash withdrawals of banks from their respective unverified fit currency deposits, unverified fit deposits of other banks or from verified/new currencies in stock. o. Only authorized representative of the depositor-bank shall open the sealed container(s) of unverified fit currency note deposits from which the BSP shall service the cash withdrawal of a bank. It is understood that said representative, who upon at least one (1) day notice, shall make himself available to service the withdrawals of another bank, shall have all the keys to the containers padlock of the banks
currency fit note deposits whenever assigned to BSP CD/Regional Office/Branch to effect cash withdrawals. p. At BSP CD, cash withdrawals of banks shall be effected using the Electronic Cash Withdrawal System. A Cash Order Slip (COS), shall be sent by banks through FAX to CD not later than 12:00 noon one (1) day prior to actual cash withdrawal. Cash withdrawal shall be settled through the PhilPaSS before release of the cash withdrawal to banks. q. At the BSP Regional Offices/ Branches, cash withdrawal shall be made using the Integrated Regional Information System (IRIS). BSP demand deposit checks presented by banks for withdrawal after 12:00 noon shall be accepted for processing purposes only and the servicing thereof shall be effected the following banking day. r. The authorized representative of the withdrawing bank shall conduct: (1) bag/bundle/package count of the notes and bag count of the coins withdrawn from the banks unverified fit currency note/ coin deposits; and (2) box/bundle/package/piece count of the notes and bag count of the coins withdrawn from reissued/new currency note/coin witnessed by authorized representative of the BSP. Any overage/shortage found in the verification of cash withdrawn from reissued currency verified by BSP CD/ Regional Office/Branch shall be for the account of BSP. The BSP shall not honor any shortage/overage found after the authorized bank representatives shall have left the BSP tellers counter/cash withdrawal area.
(M-2007-027 dated 19 September 2007, as amended by M-2009-021 dated 16 June 2009)
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APPRAISAL AND LOAN VALUATION FRAMEWORK FOR RIGHTS-BASED SECURE TENURE ARRANGEMENTS AS COLLATERAL SUBSTITUTES
(Appendix to Subsec. X361.5) In the appraisal of real properties or rights offered as collateral substitutes under the housing microfinance program, the form of the secure tenure instrument must be considered. Generally, two (2) appraisal methodologies or approaches may be applied: the market value must be determined using the market data or sales comparison approach for properties under freehold and right to occupy and/or build (in respect of the housing unit or improvement to be used as collateral substitute), and for properties under Lease agreement and usufruct, the value of the Leasehold interest of the borrower must be determined. Market value Market value is the most probable price that a property should obtain in a competitive and open market under all conditions requisite of a fair sale, with the buyer and seller each acting prudently and knowledgeably, and assuming that the price is not affected by undue stimulus. In determining the market value of the property, the appraiser must use the Market Data or Sales Comparison approach. This approach attempts to compare the subject propertys value with similar properties and adjust its value according to the presence or absence of value determining characteristics. This approach is based upon the principles of supply and demand and upon the principle of substitution. Valuation of leasehold A leasehold is the real right of the lessee acquired from an owner (the lessor) of a piece of real estate to occupy and use it for a fixed term or period at a stipulated rental rate, and subject to conditions set forth in a written document of lease. The lease may include the right of the lessee to improve the land, mortgage the building, sublet all or part of the property, and assign or sell his leasehold. The task of the appraiser is to estimate the present worth or market value of the imputed rental income of the lessee derived from the property over and above the rent required to be paid by him to the lessor under the terms of the lease and his interest in any improvements made by him. In evaluating a leasehold, the appraiser must have a thorough knowledge of all the salient terms and conditions of the primary or main lease and any subleases, for these affect the value of the leasehold considerably, such as: a. Rental. If the rental to be paid under the terms of the lease is below the rental prevailing in the market, the leasehold may have a substantial value. Where the rental actually paid is the prevailing rental value of the property, the leasehold may have no value. Prevailing rental rates refer to the rental rates of comparable properties within comparable locations. b. Term of Lease. A long-term lease or the right of the lessee to renew the lease at the expiration of the original term of the lease may add value to the leasehold. c. Payment for Improvement d. Option to Purchase e. Leasehold Restrictions
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Loan Valuation Based on Appraisal Valuation Framework or Methodology The valuation of properties under the housing microfinance loan program will be based on prevailing market values of real estate properties (freehold and right to
FORM OF SECURE TENURE OR PROPERTY RIGHT Usufruct NATURE AND DESCRIPTION OF ACCEPTABLE INSTRUMENT Usufruct agreement or contract Duly executed contract executed by the owner of the property granting the usufructuary/ beneficiary/ client the right to use, possess, and enjoy the real property including its fruits and other rights or benefits Lease agreement or contract Duly executed contract granting the lessee the right to use and possess the real property for a fixed long-term period in consideration of rental payments OCT/TCT Torrens title issued by the Register of Deeds evidencing absolute ownership of real property Interim Title, Contract to Sell or Conditional Sale Duly executed contract or other legal instrument issued by the appropriate government agency indicating full payment for the purchase of the property or its conditional sale or conveyance to be perfected upon full payment of the purchase price and/or the fulfillment of other conditions
occupy and/or build) or prevailing rental rates (leasehold/usufruct). The standard practice of participating banks in determining the loan to collateral ratios shall be adopted.The following terms provided in the table below may be applied:
APPRAISAL METHODOLOGY LOAN VALUATION
TERMS AND CONDITIONS
The Term of Lease must not be less than the term of the loan.
Valuation of Leasehold Interest
70% of the appraised value of the collateral
Lease
The Term of Lease must not be less than the term of the loan
Valuation of Leasehold Interest
Freehold
Adjustment of appraisal value due to documentary nature or status of instrument must be taken into account
Market Data Approach
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FORM OF SECURE TENURE OR PROPERTY RIGHT Right to occupy and/or build NATURE AND DESCRIPTION OF ACCEPTABLE INSTRUMENT (1) Certification validly issued by the appropriate government agency stating that the borrower/ client has the right to occupy, build and/or acquire the property he/ she is possessing being an eligible beneficiary of a public or private social housing program or a Presidential proclamation, or (2) certification or written acknowledgment from the owner of the property that the borrower/ client has the owners consent and permission to occupy and build on such property TERMS AND CONDITIONS APPRAISAL METHODOLOGY LOAN VALUATION
Adjustment of appraisal value due to documentary nature or status of instrument must be taken into account
Market Data Approach (as to the improvement or housing unit)
(MAB-2008-015 dated 19 March 2008)
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FORMAT CERTIFICATION ON DEPOSIT/CASH DELIVERY SERVICES

Name of Bank CERTIFICATION We, , Executive Vice President (or its equivalent position) and , Compliance Officer, certify that the (Name of Bank) shall render deposit pick-up/cash delivery services beyond regular banking hours/ days to the following clients:
Servicing Banking Unit1/ Client Name and Address2/ Deposit Pick-up/Cash Delivery services Days Hours
1/ The name of the branch or banking unit that will render the Deposit Pick-up/Cash Delivery Services 2/ Name and address of client requesting deposit pick-up/cash delivery services
We further certify that in the performance of deposit pick-up/cash delivery services to the above clients, the (Name of Bank) shall comply with all the conditions provided under Section X266 of the Manual of Regulations for Banks on Deposit Pick-up/Cash Delivery Services. This certification executed on the requirements of abovementioned regulation. Signed: (Name of Executive Vice President) Position: Subscribed and sworn to before me, this their valid identifications indicated below: Name is being submitted in compliance with
Signed: (Name of Compliance Officer) Position: day of , affiants exhibiting Date/Place Issued
Government ID/Passport No.
Notary Public
(Circular No. 614 dated 14 July 2008)
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BASIC STANDARDS IN THE ADMINISTRATION OF TRUST, OTHER FIDUCIARY AND INVESTMENT MANAGEMENT ACCOUNTS
(Appendix to Subsec. X401) I. Introduction Trust and other fiduciary business and investment management activities have evolved with the changes in the financial market and advancement in technology. These innovations have allowed trust entities to expand the scope of trust products and services offered to customers, thus increasing their exposure to various risks. As trust entities grow more diverse, necessarily policies and procedures as well as risk management practices must keep pace. The basic standards would provide common processes for an efficient operation and administration of trust, other fiduciary and investment management activities across the trust industry. II. Statement of policy It is the policy of the BSP to provide adequate level of protection to investors who, under a fiduciary arrangement, engage the services or avail of products of trust entities which are required to observe prudence in the exercise of their fiduciary responsibility. Along this line, the BSP prescribes basic standards for the efficient administration and operation of trust and other fiduciary business and investment management activities. III. Standards The basic standards in the administration of trust, other fiduciary and investment management accounts are meant to address the significant areas of operations and provide minimum set of requirements and procedures: A. Account acceptance and review processes 1. Pre-acceptance account review This review must document that the trust entity (TE) can effectively administer the account. It shall be covered by a written policy which shall contain, among other things, the types of trust, other fiduciary and investment management accounts that are desirable and consistent with the TEs risk strategies and the specific conditions for accepting new accounts, and approved by the Trust Committee, or the Trust Officer, or subordinate officer of the trust department, authorized by the board of directors or its functional oversight equivalent, in the case of foreign banks and institutions. The review process entails the thorough and complete review of the clients/accounts characteristics and investment profile, including the assets/ properties to be contributed/delivered. Non-financial/non-traditional assets (i.e., real estate and the like) which are more likely to be iliquid shall be carefully reviewed prior to acceptance to ensure that the TE only accepts accounts which hold assets it may be able to properly manage. Prior to the acceptance of a fiduciary account, the TE shall review the underlying instrument (trust agreement or contract) for potential conflicts of interest. If such conflict exists, the TE shall take appropriate action to address such condition before the account is accepted. In cases where the TE is chosen as a successor trustee or investment manager, the TE shall perform a review and evaluation of all assets to be delivered to the TE to determine how these would serve the client's objectives, whether the TE can properly handle such assets and to assess any possible issue/problem which may arise with respect to such assets before acceptance of such assets and/or assumption of the trust, fiduciary or investment management relationship.
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2. Establishment and post-acceptance review Acceptance policies for new accounts shall, at a minimum, include the following processes and/or requirements: (1) Account opening process. This process defines the TEs policies and procedures for client/account identification, consistent with the TEs KYC policy for compliance with anti-money laundering regulations; identification of the needs of the client; the objective(s) of the engagement; the vehicle to be used; and the accounts investment parameters. The trust officer or other authorized personnel of the trust department shall conduct the account opening process for trust, fiduciary and investment management accounts. In the case of UIT Funds, only authorized branch managers/officers as well as UIT marketing personnel, who have all successfully undergone the required certification/ accreditation/licensing process, may perform said process for UIT Fund clients. The account opening process shall at least involve the following: (a.) As a general rule, client profiling shall be performed for all UIT Fund and regular trust, other fiduciary and investment management accounts via a duly acknowledged Client Suitability Assessment (CSA), which aims to provide the TE with information leading to the prudent design of investment packages, suited to a particular client or investment account. The CSA, however, shall not be required for the following trust and other fiduciary accounts: 1. court trust; 2. legislated and quasi-judicial trust; 3. trust under indenture; 4. facility/loan agency; 5. transfer agency; 6. depository and reorganization; 7. escrow; 8. custodianship; 9. safekeeping; and 10. institutional trust pre-need plans.
The profiling process, to be documented through a CSA Form signed by the concerned parties, shall be undertaken on a per client basis, which shall emphasize the level of risk tolerance of the client. CSA The TE shall obtain adequate information from the client to determine the appropriateness of the fiduciary product/ service to be provided and ensure the suitability of the investment product/ portfolio/strategy to be recommended to each client. It shall provide prospective clients with client suitability questionnaire and require them to accomplish the same prior to the acceptance of the account and execution of a transaction. For this purpose, the TE shall make an assessment of the clients level of financial sophistication and consider factors relevant to the creation and management of, or participation in, an investment portfolio, such as but not limited to, the specific needs and unique circumstances of the client and/ or beneficiary/(ies), basic characteristics of the clients investment and experience, financial constraints, risk tolerance, tax considerations and regulatory requirements. The same CSA process shall be applied by the TE for directional accounts. Minimum information required for CSA: i. Personal/Institutional data. Minimum personal/institutional information that are unique to a natural or juridical client, which shall also cover demographics and KYC information; the identity of beneficiaries, where applicable, and approximate portion of total assets administered/managed. ii. Investment objective. A clear statement or definition of the clients investment goals/purposes to be achieved through a particular trust, fiduciary or investment product or service. The client may opt to open several accounts, each one (1) with specific investment objectives
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separate and distinct from the other accounts. iii. Investment experience. A list of various types of investment the prospective client is familiar with, acquired from actual/ personal investment experience, or of similar investment circumstances. iv. Knowledge and financial situation. For complex transactions where the level of risk involved is greater, the TE must take into account the knowledge, experience and financial situation of the client or potential client to assess the level of investment sophistication. This may include the careful assessment whether the specific type of financial instrument/service/portfolio/ strategy is in line with the clients disclosed financial capacity. Such assessment is necessary as there are significant risks involved on financial investments (e.g., derivatives), the type of transaction (e.g. sale of options), the characteristics of the order (e.g., size or price specifications) or the frequency of the trading. v. Investment time frame and liquidity requirement. The TE is able to organize the portfolio in a manner that will provide for anticipated liquidity requirement through redemption of principal contribution or earnings. vi. Risk tolerance. Allow the TE to classify clients in accordance with its own pre-set internal risk classification. Based on the results of the CSA, classification of clients by the TE may include, but need not be limited to the following: i. Conservative . Client wants an investment strategy where the primary goal is to prevent the loss of principal at all times, and where the client prefers investment grade and highly liquid assets, government securities, Republic of the Philippines' bonds (ROPs), deposits with local banks/ branches of foreign banks operating in the Philippines, and deposits with FIs in any
foreign country: Provided, That said FI has at least an investment grade credit rating from a reputable international credit rating agency. For purposes of investing in a UIT Fund, a client wants an investment strategy where the primary objective is to prevent the loss of principal at all times and where the fund is invested in deposits with local banks/branches of foreign banks operating in the Philippines and with FI in any foreign country: Provided, That said FI has at least an investment grade credit rating from a reputable international credit rating agency. ii. Moderate. Client wants a portfolio which may provide potential returns on investment that are higher than the regular traditional deposit products and client is aware that a higher return is accompanied by a higher level of risk. Client is willing to expose the funds to a certain level of risks in consideration for higher returns. iii. Aggressive. Client wants a portfolio which may provide appreciation of capital over time and client is willing to accept higher risks involving volatility of returns and even possible loss of investment in return for potential higher long-term results. Investment policy statement The TE shall have in place a method by which suitability of investment is determined based on the results of the CSA and formulated via an Investment Policy Statement (IPS). It shall communicate to prospective clients the results of the assessment, recommend the investment product/portfolio/strategy, and explain the reasons why, on the basis of the given information, its recommendation is to the best interest of the client as of a defined timeframe. The TE shall make a recommendation only after having reasonably determined that the proposed investment is suitable to the clients and/or beneficiarys financial situation, investment experience, and investment objectives. The IPS is a clear reference frame for investment decisions and must be based on
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the investment objectives and risk tolerance of the client. It must include, at a minimum, a description of the following: i. Investment objective; ii. Investment strategy-indicating how assets will be allocated indicating the agreed portfolio mix; iii. Investment performance review indicating proposed market benchmarks, if any and the desired frequency of the performance review/reporting; iv. Investment limits identifies any limitation which the client may have for the portfolio such as investment restrictions (e.g., prohibited investments) and clients consent for taking losses. For UIT Fund, the IPS is equivalent to the investment objective of the fund specifically stated in the Declaration of Trust. Option of client to reclassification Generally, the TE shall recommend the investment product/portfolio/strategy suitable to the client based on the results of the CSA. The TE may, however, provide a process for allowing clients to invest in investment products/ portfolio/strategy with a higher risk than those corresponding to the CSA profile results. A client who exercises the option to be re-classified outside the CSA process thereby waives some of the protection afforded by these guidelines. Such re-classification may be allowed subject to the observance of the following: i. The client shall state in writing to the TE that He does not agree with or accept the recommendation of the TE on the investment product/portfolio/strategy appropriate to the clients profile based on the results of the CSA; He would like to avail of the investment product/portfolio/strategy other than that which is consistent with the results of the CSA; He requests/intends to be reclassified, either generally or in respect to a
particular investment/service/ transaction/ product; and He fully understands and is willing to take the risks incidental to the investment product/portfolio/strategy to be availed of. ii. The TE shall issue a clear written warning to the client of the protections he may lose and conversely, of the risks that he is exposed to. iii. The TE shall have taken all reasonable steps to ensure that the client meets all relevant requirements as provided for in the TEs written policies. Frequency of CSA and IPS i. The CSA shall be performed and the IPS shall be formulated and executed prior to the opening of the account; ii. The TE shall update the CSA and the IPS at least every three (3) years except in the following instances; Whenever updates are necessitated by the client, upon notice/advise to the TE, on account of a change in personal/financial circumstances or preferences, the TE shall adjust/modify its investment strategy/ portfolio and recommendation, subject to the conformity of the client; Whenever managed trust, other fiduciary, and investment management accounts express intention to invest in complex investment products such as financial derivatives, the TE shall ensure that the CSA and the IPS are updated at least annually. Otherwise, the TE shall not make new/additional investments in complex investment products. iii. The TE shall ensure that periodic written notices given to clients reminding them of such updates are received/ acknowledged by clients or their authorized representatives; iv. Updated CSA and IPS shall be acknowledged by the client; v. The frequency of review shall be included as a provision in the written agreement; and vi. The latest CSA and IPS will continue to be applied for any subsequent principal
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contributions to the account, until these are amended or updated by the client. (b.) Identification of degree of discretion granted by client to the TE. This process involves the determination of the extent of discretion granted to the TE to manage the clients portfolio. (1) Discretionary. The TE has authority or discretion to invest the funds/property of the client in accordance with the parameters set forth by the client. Such authority of the TE which obtained a composite Trust Rating of 4 in the latest BSP examination will not be subject to the investment limitations provided under Subsecs. X409.2 and X409.3 for trust and other fiduciary accounts and Subsecs. X411.4 and X411.5 for investment management accounts, respectively; and (2) Non-discretionary. Investment activity of the TE is directed by the client or limited only to specific securities or properties and expressly stipulated in the agreement or upon written instruction of the client. (3) Documentation. The trust, fiduciary or investment management relationship shall be formally established through a written legal document such as the trust or investment management agreement. The engagement documents shall clearly specify the extent of fiduciary assignments/ responsibilities of the TE and articulate the nature and limits of each partys status as trustor/principal or trustee/agent. Policies and procedures shall provide that trust or investment management agreements are signed by the trust officer or , subordinate officer of the trust department, or in the case of UIT Funds, branch managers/officers duly authorized by the board of directors. The documentation process must also consider the following: (a.) The Agreement must conform to the requirements provided under Subsec. X409.1 for trust and other fiduciary accounts and Subsec. X411.1 for investment
management accounts. In addition, the Agreement shall contain the following provisions: (i.) A description of the services to be provided; (ii.) All charges relating to the services or instruments envisaged and how the charges are calculated; (iii.) The obligations of the client with respect to the transactions envisaged, in particular his financial commitments towards the TE; and (iv.) For engagements involving management of assets or properties, the degree of discretion granted to the trustee or agent must be clearly defined and stated in the agreement; (b.) The Agreement shall be in plain language understandable by the client and/ or personnel of the TE responsible for explaining the contents of the agreement to the client. (c.) For complex investment products such as financial derivatives instruments or those that use synthetic investment vehicles, the TE shall disclose to the client and require clients prior written conformity to the following: (i.) Key features of investment services and financial instruments envisaged, according to the nature of such instruments and services; (ii.) The type(s) of instruments and transactions envisaged; (iii.) The obligations of the TE with respect to the transactions envisaged, in particular, its reporting and notice obligations to the clients; and (iv.) An appropriate disclosure bringing to the clients attention the risks involved in the transactions envisaged. (d.) In order to give a fair and adequate description of the investment service or financial instrument, the TE shall provide a clearly stated and easily understood Risk Disclosure Statement to its clients, which forms part of or attached to the trust,
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fiduciary or investment management agreement. The Risk Disclosure Statement shall contain, among other things, the following provisions: (i.) Cautionary statement on the general risks of investing or associated with financial intruments, i.e., if the market is not good, an investor may not be able to get back his principal or original investment. Such statement must be given due prominence, and not to be concealed or masked in any way by the wording, design or format of the information provided; (ii.) If the investment outlet is exposed to any major or specific risks, a description and explanation of such risks shall be clearly stated; and (iii.) Advisory statement that for complex investment products, said instruments can be subject to sudden and sharp falls in value such that the client may lose its/his entire investment, and, whenever applicable, be obligated to provide extra funding in case it/he is required to pay more later. Additional risk disclosures may be provided as appropriate. The TE must ensure that the trust, fiduciary and investment management agreements and documents have been reviewed and found to be legally in order. B. Account administration It is the fundamental duty of a fiduciary to administer an account solely in the interest of clients. The duty of loyalty is a paramount importance and underlies the entire administration of trust, other fiduciary and investment management accounts. A successful administration will meet the needs of both clients and beneficiaries in a safe and productive manner. Account administration basically involves three (3) processes, namely; (1) periodic review of existing accounts, (2) credit process and (3) investment process. (1) Periodic review of existing accounts The board of directors and Trust
Committee shall formulate and implement a policy to ensure that a comprehensive review of trust, fiduciary and investment management accounts (including collective investment schemes such as UIT Funds) shall be conducted. The periodic review of managed accounts shall be aligned with the provisions on the review and updating of the CSA and IPS. The board of directors may delegate the conduct of account review to the Trust Officer or Trust Department Committee created for that purpose. The policy shall likewise indicate the scope of the account review depending upon the nature and types of trust, fiduciary and investment management accounts managed. A comprehensive accounts review, which shall entail an administrative as well as investments review, shall be performed on a periodic basis to ascertain that the account is being managed in accordance with the instrument creating the trust and other fiduciary relationship. The administrative review of an account is taken to determine whether the portfolio/assets are appropriate, individually and collectively, for the account, while an investment review is used to analyze the investment performance of an account and reaffirm or modify the pertinent investment policy statement, including asset allocation guidelines. Whether the administrative and investment review are performed separately or simultaneously, the reviewing authority shall be able to determine if certain portfolio/ assets are no longer appropriate for the account, (i.e., not consistent with the requirements of the client) and to take proper action through prudent investment practices to change the structure or composition of the assets. The periodic review process also involves disclosure of information on the investment portfolio and the relevant investing activities. Regardless of the degree of discretion granted by the client to the TE, the former assumes full risk on the
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investment and related activities, and counterparties. Relevant changes in the TEs organization or investment policies that may affect the clients decision to continue the services of the TE shall be disclosed to the client. In the case of non-discretionary public interest accounts such as employee benefit/ retirement or pension funds, due diligence review of the investment portfolio by the TE shall include providing investors with appropriate information needed to make an informed investment decision and avoid possible conflict of interest and self-dealing situations. The TE should be able to show (in addition to the specific written directive from the client) what it has done in the exercise of due diligence and prudence on its part to protect the interest of the client and/or beneficiaries, especially for accounts of public interest like retirement/pension fund accounts. The TE shall keep its clients informed of the investment and related activities by rendering periodic reports and financial statements prescribed under Subsec. X425.1 and as necessary. The types of reports and statements and the frequency of their submission must be clearly specified in the TEs written policies and procedures. The TE shall also establish a system that enables a trust account representative or officer to periodically contact clients and/or beneficiaries to determine whether their financial objectives and circumstances have changed. (2) Credit process Each trust entity shall define its credit process in relation to the discharge of the TEs investment function. The process ensures credit worthiness of investment undertakings including dealings and relationship with counterparties. It also serves to institutionalize the independence of the credit process of the TE. The credit process must at least cover the following:
a. Credit policies. Trust entities must clearly define its credit policies and processes, including the use of internal and external credit rating and approval process relative to the delivery of its instrument function. The TE can share credit information with the bank proper subject to proper delineation and documentation. The credit process shall show the following at the minimum: i. Clear credit process flow, from initiation of the lending activities envisioned by the TE up to the execution of actual investment; ii. Credit criteria and rating used; iii. Manner by which the TE handles the information, including confidential and material data, which is shared between and among the departments, subsidiaries or affiliates of the TE; and iv. Clear delineation of duties and responsibilities of each of the departments, subsidiaries and affiliates of the TE, where such groups or entities share the credit process. b. Counterparty accreditation process. The TE must clearly define the policies and the processes it will undertake to accredit counterparties, including the bank proper, and its subsidiaries and affiliates, for their investment trading functions. It may use or avail itself of the accreditation process of its bank proper provided there is proper delineation of functions. The counterparty accreditation process shall show the following at the minimum: i. Clear accreditation process flow from the initiation of credit activities up to the actual usage of lines; ii. Credit criteria and rating used; iii. Manner by which the TE handles the information, including confidential and material data, which are shared between and among the departments, subsidiaries or affiliates of the TE; iv. Usage, duties and responsibilities of each of the department, subsidiaries and
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affiliates of the TE, where there is sharing of credit lines between and among these concerned groups/entities; and v. Clear delineation of duties and responsibilities of each of the departments, subsidiaries and affiliates of the TE, where such groups or entities share the accreditation credit process. (3) Investment process This process defines the investment policies and procedures, including decisionmaking processes, undertaken by the TE in the execution of its fund/asset management function. The primary objective of such process is to create a structure that will assure TEs observe prudence in investment activities at all levels, preservation of capital, diversification, a reasonable level of risk as well as undivided loyalty to each client and adherence to established structure for the TEs investment undertakings. The investment process covers a broad range of activities; thus, the investment policies shall clearly outline the parameters that, at a minimum, include the following: a. Overall investment philosophy, standards and practices. A general statement of principles that guides the portfolio manager in the management of investments outlined in the board-approved policy, along with a discussion on the practices and standards to be implemented to achieve the desired result. b. Investment Policies and Processes. Defines the policies and the processes undertaken to create the portfolio to ensure the proper understanding of the clients preferences. i. Profiling of client. Aims to understand the level of maturity of the client relevant to the creation of an appropriate portfolio. ii. Portfolio construction for custommade portfolios. Includes the process of researching and selecting recommended portfolio and setting objectives or strategies for diversification by types and classes of securities into general and specialized
portfolios. Asset allocation. Outlines the process and criteria for selecting and evaluating different asset classes identified to be appropriate for the clients profile and investment objective. It includes the allocation of desired tenors in conjunction with the client or portfolio profile based on the CSA or IPS. The asset allocation may be based on percentage to total funds managed by the TE or stated in absolute amount whichever is preferred by the client. Security selection. Policies and procedures on the selection of investment outlets, including investment advisory, must be in place. This involves the selection of issuers for each of the identified asset classes. The process provides for the review of investment performance using risk parameters and comparison to appropriate benchmarks. It shall also identify the documentation required for all investment decisions. If the TE uses approved lists of investments, there shall be an outline of the criteria for the selection and monitoring of such investments, as well as a description of the overall process for addition to and deletion from the lists. Benchmark selection/creation. Selects or crafts the benchmarks to reflect the desired return of the portfolio and to measure the performance of the portfolio manager. The TE shall be required to measure performance based on benchmarks to gauge or measure the performance of the account. The TE must have clear definition of its benchmarking policy. Limits. Identifies any limitations on portfolio management which the client may impose on the TE. These limitations have to be specific as to the nature of the portfolio, such as but not limited to, core holdings, investment in competitor companies, and companies engaged in vices. Risk disclosure statement. A clear and appropriately worded statement/s to
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disclose different risks to clients of the various investment undertakings of the investment manager done in behalf of the client. iii. Internal policies on trade allocation. Defines the institutions policies in ensuring timely, fair and equitable allocation of investments across investing portfolios. iv. Diversification of discretionary investments. The TE shall have a policy on the general diversification requirements for asset administration, as well as the process implemented to monitor and control deviations from policy guidelines. v. A TE shall have access to timely and competent economic analyses and forecasts for the capital markets and other products in which its clients will be investing. TEs engaged in more complex transactions may consider providing an economic and securities research unit that continually monitors global trends and capital markets. This unit provides necessary forecasts of capital market expectations, currency relationships, interest rate movements, commodity prices, and expected returns of asset classes and individual investment instruments, which help the TE establish appropriate investment policies and strategies, select appropriate investments, and manage risks effectively. vi. The TE shall have a process that will confirm trust personnel with investment functions know and follow the BOD-approved investment policies and processes. c. Selection and use of brokers/ dealers. The quality of execution is an important determinant in broker selection. In selecting brokers/dealers, a TE must consider the following minimum standards and criteria: i. Execution capability and ability to handle specialized transactions; ii. Commission rates and other compensation; iii. Financial strength, including operating results and adequacy of capital
and liquidity; iv. Past record of good and timely delivery and payment on trades; v. Value of services provided, including research; and vi. Available information about the broker from other broker customers, regulators, and self-regulated organizations authorized by the SEC. The TE with large portfolio may opt to evaluate broker performance using a formalized point scoring system. A list of approved brokers shall be made available by the TE, reviewed periodically and updated at least annually. d. Best practices. The TE shall document best practices policies and processes to institutionalize proper safeguards for the protection of its clients and itself. At a minimum, the policies must include the following standards: i. Best execution. The TE shall use reasonable diligence to ensure that investment trades are executed in a timely manner and on the best available terms that are favorable to the client under prevailing market conditions as can be reasonably obtained elsewhere with an acceptable counterparty. For related counterparties, no purchase/sale must be made for discretionary accounts without considering at least two (2) competitive quotes from other sources. The policy on best execution must document processes to warrant such execution is readily and operationally verifiable. ii. Chinese wall. A clear policy on Chinese Wall aims to protect the institution from conflict of interest arising from varying functions carried by the TE in relation to credit (debt), shareholder, and investment position taking. The policy shall state the duties and responsibilities of the TE and each department including that of the bank proper and subsidiaries and affiliates should transactions involve the concerned departments and entities. iii. Personnel investment policies.
APP. 83 11.12.31
These policies aim to ensure honest and fair discharge of investment trading functions of all qualified personnel. Qualified personnel are those that may have access to information on clients and investment position-taking of clients, investment manager or portfolios. The use of such information may be abused and detrimental to the clients. The policy shall state the duties and responsibilities of each qualified personnel in relation to trading and portfolio management activities including allowed and not allowed transactions as well as sanctions in case of violations. iv. Confidentiality and materiality of Information. The TE must keep information about past, current and prospective clients confidential, unless disclosure is authorized in writing by the client or required by law and the information involve illegal activities perpetrated by the client. It must ensure safekeeping of confidential and material information and prevent the abuse of such information to the detriment of the institution or its clients. v. Fair dealing. The TE shall document dealing practices to ensure fair, honest and professional practices in accordance with the best interest of the client and counterparties at all times and for the integrity of the market. It must ensure that any representations or other communications made and information provided to the client are accurate and not misleading. The TE must also take care not to discriminate against any client but treat all clients in a fair and impartial manner. vi. Diligence and reasonable basis. In conducting its investment services, the TE shall act with skill, and care and diligence, and in the best interests of its clients and the integrity of the market. The duty of due diligence is intertwined with the duty to maintain independence and objectivity in providing investment recommendations or taking investment actions. When providing advice to a client, the TE shall act diligently
and make certain that its advice and recommendations to clients are based on thorough analysis and take into account available alternatives. The TE shall take all reasonable steps to execute promptly client orders in accordance with the instruction of clients. The TE, when acting for or with clients, shall always execute client orders on the best available terms. The TE shall ensure that transactions executed on behalf of clients are promptly and fairly allocated to the accounts of the clients on whose behalf the transactions were executed. Where a client opts not to accept the recommendation of the TE and chooses to purchase another investment product which is not recommended, the TE may proceed with the clients request/ instruction, provided it shall document the decision of the client and highlight to him/her that it is his/her responsibility to ensure the suitability of the product selected. vii. In-House or related party transactions handling. The TE shall define the policies in handling related-interest transaction to ensure that the best interest of clients prevails at all times and all dealings are above board. It must conform to the requirements of Subsecs. X409.3 and X411.5. viii.Valuation. The TE shall document the institutions valuation process to show the sources of prices, either market or historical value, and the formula used to derive the NAV of investment portfolios. Valuation shall be understood, compliant with written policies and operating procedures, and used consistently within the TE. The TE must ensure that the valuation processes of service providers, custodians, and other subcontractors are compatible with those of the TE and in compliance with relevant statutory or regulatory valuation standards. Risk officers shall document the
APP. 83 11.12.31
accuracy and reliability of all valuation processes and data sources and ensure that valuations are completed as required by internal policies and procedures and regulatory reporting standards. e. Conflicts of interests. These may arise when the TE exercises any discretion where mutually opposing interests are involved. The most serious conflict of interest is self-dealing, which could include transactions such as an investment in related interests of the TE or purchase of securities from or through an affiliate. Such transactions must be fully disclosed and authorized in writing by clients. Because of the complexity and sensitivity of the issue, a TE must develop policies and procedures to identify and deal with conflicts of interest situations. 3. Account termination Accounts may be terminated for a variety of reasons, including the occurrence of a specified event or upon written notice of either the client or the TE. The trust or investment management agreement shall provide for the terms and manner of liquidation, return and delivery of assets/ portfolio to the client. Generally, the TE's responsibilities include distribution to the client, the successor trustee and/or beneficiaries of the remaining assets held
under trusteeship/agency arrangement, preparation and filing of required reports. The TE must ensure the risk control processes are observed when terminating accounts just as when accepting them. The TE must have a general policy with respect to the termination of trust accounts, which policy shall take into consideration the general processes to be observed in the return or delivery of different types of assets, the possible modes of distribution, fees to be paid, taxes to be imposed, the documentation required to effect the transfer of assets, the provision of terminal reports, and whenever applicable, the timing of distribution, needs and circumstances of the beneficiaries. Should the TE anticipate possible issues or problems with respect to the termination of the account, such as the liquidation of certain assets or the partition or division of assets, these issues shall be disclosed to the client for proper disposition. The policy on the termination of trust, fiduciary and investment management accounts shall likewise include the approval process to be observed for the termination of these accounts as well as the reporting requirements for accounts terminated and closed.
(Circular No. 618 dated 20 August 2008, as amended by Circular No. 721 dated 13 May 2011)
GUIDELINES FOR DAYS DECLARED AS PUBLIC SECTOR HOLIDAYS (Appendix to Secs. X207, X256 and X601.6)
Bangko Sentral ng Pilipinas Time of receipt of Public Holiday Announcement by the BSP 1. On an o r d i n a r y business day prior to the date of effectivity Treasury Department Overnight RP/RRP Trading Settlement Term RP& RRP/GS/ SDA/RDA Trading Settlement PDS PhilPASS Cash Dept Withdrawal Reserve Position Bureau of the Treasury Auction Sec. Mkt. Manila PCHC Regional
Closed
Closed
Closed
Closed
Closed
Closed
Closed
NonReserve
Closed
Closed
No clearing; no To be decided in s e t t l e m e n t . coordination with PCHC will issue Head Office an advisory to its members that it will continue accepting and processing checks
2. On a Saturday or Sunday to take effect the following Monday or on a non-working holiday to take effect the next business day a. Under good w e a t h e r condition No change in trading hours No No change change in in trading settlement hours time No change in settlement time To be decided in coordination with Head Office
Open
Open
Open
Reserve
Open
Open
Normal
b . U n d e r unfavorable conditions such as bad weather, (e.g. Typhoon signal no. 3), natural calamities or c i v i l disturbances
Closed
Closed
Closed
Closed
Closed
Closed
Closed
NonReserve
Closed
Closed
No clearing; no To be decided in s e t t l e m e n t . coordination with PCHC will issue Head Office an advisory to its members that it will continue accepting and processing checks
APP. 84 08.12.31
Time of receipt of Public Holiday Announcement by the BSP
Bangko Sentral ng Pilipinas Treasury Department Term RP& RRP/GS/ SDA/RDA Trading Settlement Trading Settlement Overnight RP/RRP Closed Closed Closed Closed PDS PhilPASS Cash Dept Withdrawal Reserve Position
Bureau of the Treasury
APP. 84 08.12.31
PCHC Manila Regional
Auction
Sec. Mkt.
3. Before 9:00 a.m. on the date of effectivity
Closed
Closed
Closed
NonReserve
Closed
Closed
No clearing; no To be decided in settlement. PCHC coordination with will issue an advisory Head Office to its members that it will continue accepting and processing checks Normal To be decided in coordination with Head Office
Day 1 Suspended 4. After to be 9:00 a.m. on resumed the date of the effectivity following day at 9:01a.m. to 9:45 a.m. Day 2
No change in trading hours
No change in settlement time
Open
Open
Open
Reserve
Open
Open
Resumed 9:01 a.m. No from 9:01 change in to a.m. to trading 10:00 9:45 am hours a.m. (for value Day 1) then, 4:45p.m. 4:45p.m. to to 5:30p.m. 5:45p.m. for same day transaction
Open
Open
Open
Reserve
Open
Open
Normal
To be decided in coordination with Head Office
5. In case suspension work extended Day 2 a. Before 9:00 a.m. of Day 2
of of is to Day 2 closed; Day 1 transactions will be moved to Day 3 ( for value Day 1) Closed Closed Closed Closed Closed Closed NonReserve Closed Closed No clearing; no To be decided in settlement PCHC coordination with will issue an Head Office advisory to its members that it will continue accepting and processing checks
Bangko Sentral ng Pilipinas Treasury Department Term RP& RRP/GS/ Overnight RP/RRP SDA/RDA Trading Settlement Trading Settlement No change in trading hours No change in settlement time Cash Dept Withdrawal Reserve Position
Bureau of the Treasury Auction
PCHC Manila Regional
PDS
PhilPASS
Sec. Mkt.
Day 3 Resumed from 9:01 a.m. to 9:45 am (for value Day 1) then, 4:45p.m. to 5:30p.m. for same day transaction b. After 9:00 a.m. of Day 2 Day 2 Resumed from 9:01 a.m. to 9: 45 a.m. (for value Day 1) then, Day 2 transactions suspended to be resumed the following day from 9:01a.m. to 9:45 a.m.
Open
Open
Open
Reserve
Open
Open
Normal
9:01 a.m. to 10:00 am
4:45p.m. to 5:45p.m.
9:01 a.m. to 10:00 a.m.
No change in trading hours
Open
Open
Open
Reserve
Open
Open
Normal
4:45p.m. to 5:45p.m.
APP. 84 08.12.31
APP. 84 08.12.31
Bangko Sentral ng Pilipinas Treasury Department Term RP& RRP/GS/ SDA/RDA Trading Settlement Trading Settlement Overnight RP/RRP Resumed from 9:01 a.m. to 9:45 am (for value Day 2) then, 4:45p.m. to 5:30p.m. for same day transaction 9:01 a.m. to 10:00 a.m. No No change in change in trading settlement hours time PDS PhilPASS Cash Dept Withdrawal Reserve Position
Bureau of the Treasury Auction Sec. Mkt. Manila
PCHC Regional
Day 3
Open
Open
Open
Reserve
Open
Open
Normal
4:45p.m. to 5:45p.m.
6. In case the suspension of work does not apply to all government offices (Manila Day, Quezon City Day, etc.)
No 4:45 p.m. 4:45 p.m. to 5:30 to 5:45 change in trading p.m. for p.m. hours same day transaction
Open
Open
Open
Reserve
Open
Open
Normal
(M-2008-025 dated 13 August 2008)
ILLUSTRATIVE ACCOUNTING ENTRIES

(Appendix to Section X564) (Superseded by Circular No. 691 dated 23 June 2010)
APP. 85 08.12.31
APP. 86 08.12.31
GUIDELINES ON THE AVAILMENT OF US DOLLAR DENOMINATED REPURCHASE AGREEMENT FACILITY WITH THE BANGKO SENTRAL (Appendix to Subsec. X601.1) The guidelines on the availment of USD denominated repo agreement facility of banks with the BSP are as follows: A. Eligible borrowers RBUs or FCDU/EFCDUs of banks with FCDU/EFCDU authority who can demonstrate legitimate funding needs can avail of this facility. B. Qualifying purposes Proceeds from the borrowings shall be used for legitimate liquidity requirements of FCDU/EFCDU or RBU for local operations as follows: 1. Compliance with FCDU/EFCDU cover requirements; 2. Servicing of withdrawals of FCDU/EFCDU; and 3. Servicing trade-related requirements. Borrowing shall be for the account of the applicant bank and shall not be used to fund liquidity requirements of foreign head office, foreign branches, affiliates, or subsidiaries C. Acceptable collateral Eligible securities shall cover USDdenominated evidences of indebtedness issued directly by the Government of the Philippines (ROP Bonds) held by the applicant bank. These can be lodged in FCDU/EFCDUs or RBUs Available-forSale, HFT and HTM portfolios. ROP Bonds to be pledged have to be transferred/credited to BSPs designated securities account before availment of the USD repo agreement facility. The tenor of the underlying security should not be shorter than the overlying instrument. D. Valuation of securities The haircut on the underlying securities shall be determined by the Treasury Department, with the concurrence of the Governor. Collateral cover will be maintained through periodic margin calls as specified in the repo agreement. Said valuation will be subject to periodic review and will be modified when necessary. E. Available credit line Credit lines shall be based on outstanding USD-denominated evidences of indebtedness issued directly by the Government of the Philippines (ROP Bonds) held by the applicant bank as of 30 September 2008. F. Rate, term and trading time The rates of the USD denominated repo agreement facility shall be set by the Treasury Department, with the concurrence of the Governor, taking into account prevailing liquidity/market conditions. The term of the USD denominated repo agreement facility shall be set by the Treasury Department, with the concurrence of the Governor: Provided, That, should a bank become disqualified for the repo agreement facility, the outstanding repo agreement shall immediately become due and payable. Trading time for the USD repo agreement transactions shall be set from 10:00 AM to 12 Noon, then from 1:00 PM to 2:00 PM. G. Application requirements Applicant bank shall submit the following information/documents, and
APP. 86 08.12.31
such other documents as may be deemed necessary, to the Treasury Department, copy furnished the appropriate CPCD and SES, to aid BSP evaluate applications: 1. Application for availment of the facility stating therein the amount, requested term, specific purpose of the borrowing, including disclosure of the specific collateral, including source, i.e. RBU or FCDU/EFCDU; 2. Notarized undertaking/certification signed by the banks president or country manager (in the case of local branch of a foreign bank), compliance officer and head of treasury, indicating the following: (a) Specific purpose of fund utilization; (b) Proceeds of borrowing shall be used exclusively to fund liquidity requirements of FCDU/EFCDU or RBU local operations; (c) That the Bank is not a conduit for another bank nor will the Bank take arbitrage positions on the availment of the repo agreement facility. H. Reportorial requirements Banks with outstanding USD denominated repo agreement with the BSP are required to submit to the appropriate CPCD of the SES the following: 1. Report on the deployment/ utilization of USD repo borrowing and other documents and supplemental information, as may be required, to enable BSP to assess the legitimacy of the utilization of such funds, within three (3) banking days from release of the proceeds of the repo agreement; and 2. All documents and records relative to the Banks availment and use of proceeds of the USD denominated repo agreement facility shall be made available to the BSP upon request.
I.
Pre-termination 1. The repo agreement may be paid at any time before maturity, subject to mutual agreement of both parties. 2. The BSP may unilaterally pre-terminate the borrowing arrangements under the following conditions: (a) Funds are found to have been used for ineligible purposes (b) Collateral margins, if any, are not met. J. Documentation The repo agreement between the bank and the BSP shall be covered by a master repo agreement, repo agreement confirmation and such other documentation as may be necessary to facilitate the transaction. K. Accounting treatment The USD denominated repo agreement facility shall be treated as collateralized borrowings from the BSP and shall be accounted for in accordance with the FRP issued under Subsection X161.3. Eligible securities booked under the HTM category shall be subject to the tainting provision provided under Subsection X388.5 upon default/non-payment of the amount due three (3) banking days after the maturity of the repo agreement or disqualification of borrowers. L. Penalty clauses Violations of the terms and conditions of the USD repo agreement facility are governed by sanctions provided under X601.2, including but not limited, to termination of eligibility and pretermination of any outstanding balance through repayment and/or sale of the collateral.
(M-2008-031 dated 23 October 2008 as amended/superseded by M-2008-034 dated 12 November 2008)
APP. 87 09.12.31
GUIDELINES ON THE SUBMISSION OF APPLICATION FOR MERGER AND CONSOLIDATION

[Appendix to Subsec. X108.1(2008-X111.1)] The following guidelines and procedures shall be observed by banks in their application for merger/consolidation: 1. The merging/consolidating entities shall comply with the safety and soundness test requirements as follows: a. Compliance, especially by the acquiring bank, with major banking laws and regulations; and b. Submission to the BSP of a satisfactory action plan, if applicable, to address serious supervisory concerns. 2. Submission of the following documentary requirements simultaneously to the BSP and the PDIC for merger/ consolidation application involving a bank; and to the BSP for application involving only banks; a. Articles of Merger or Consolidation duly signed by the President or VicePresident and certified by the secretary or assistant secretary of each of the constituent institutions setting forth the following as required in Section 78 of the Corporation Code: The Plan of Merger or Consolidation; The number of shares outstanding; and The number of shares voting for and against the Plan, respectively. b. Plan of Merger or Consolidation setting forth the following: The names of the constituent institutions; The terms of the merger or consolidation and the mode of carrying the same into effect; A statement of the changes, if any, in the Articles of Incorporation of the surviving institution in the case of merger; and in the case Of consolidation, all the statements required to be set forth in the Articles of Incorporation; Such other provisions with respect to the proposed merger or consolidation as are deemed necessary or desirable. c. Resolution of the Board of Directors of the respective institutions approving the Plan of Merger or Consolidation. The resolution shall be certified under oath by the respective corporate secretaries of the constituent institutions; d. Resolution of the meeting of the stockholders in which at least two-thirds (2/3) of the outstanding capital stock of each corporation have approved the plan of merger or consolidation. The resolution shall be certified under oath by the respective corporate secretaries of the constituent institutions; e. Financial Statements: Latest financial statements and three (3) - year audited financial statements of the merging institutions Three (3) - year financial projections with valid assumptions of the merged or consolidated institutions balance sheet and income statement. f. List of merger incentives the bank will avail of; g. List of stockholdings of each of the constituent institutions before and after the merger; h. List of directors and officers of each of the merging/consolidating institutions; i. List of proposed officers and directors of the merged or consolidated institution and the summary of their qualifications; j. Organizational chart of the merged or consolidated institution including the number of offices and locations thereof;
APP. 87 09.12.31
k. Inter-company transactions relative to the submitted Financial Statements; l. Computation of Capital Adequacy Ratio on the submitted financial Statements; m. Viable Operational Plan with the following components: Marketing Strategies Proposed Loan Portfolio Diversification Deposit Generation Proposed Improvements in Accounting System Operational Control Computerization Plan Communication System n. The appraisers report of reappraisal of bank premises, if any, done by an independent and licensed appraiser; o. Proposed increase of capital stock of surviving bank;
p. Proposed amendments in the Articles of Incorporation of surviving bank; q. Directors Certificate (surviving bank) on the proposed amendment of the Articles of Incorporation increasing the authorized capital stock; and r. Any other reasonable requirement deemed material in the proper evaluation of the merger or consolidation as may subsequently be requested by the BSP and/ or PDIC. 3. For merger/consolidation involving a bank, the BSP shall wait for PDIC consent before elevating the proposed merger/ consolidation to the Monetary Board for approval; and 4. The authority given to merge/ consolidate the constituent entities shall be valid within six (6) months reckoned after BSP approval.
(M-2009-028 dated 12 August 2009)
APP. 88 11.12.31
GUIDELINES ON THE COLLECTION OF THE ANNUAL SUPERVISORY FEES FOR THE YEAR 2011
Appendix to Subsec. X901.1 (2008 -X608.1) The following guidelines shall govern the collection by the BSP and the payment by banks of the 2011 Annual Supervisory Fees (ASF). 1. Notification of amount due for 2011 ASF and mode of payment. The BSP Supervisory Data Center (SDC) shall send a billing notice in June 2011 to the bank for its ASF payment indicating, among others, the computation of the ASF due, including the 2% creditable withholding tax (CWT) thereon, if applicable, the period covered by the ASF and the specific date when the ASF will be debited from the banks demand deposit account (DDA) with the BSP. The BSP will not accept checks as mode of ASF payment. Banks, upon receipt of the ASF billing notice from the BSP, should maintain adequate balance in their DDA to cover the ASF and other daily obligations and, when necessary, make corresponding deposits to fully cover said obligations. In case of deficiency, the provisions on DDA deficiency in Subsec. X901.1, as amended, shall apply. 2. Exceptions noted on billing notice of 2011 ASF. Upon receipt of the BSP Notice of ASF billing, a bank is encouraged to check the accuracy of the billing and to submit any of the noted exceptions therein not later than ten (10) days before the specified date of collection/debit to DDA as indicated in the billing notice. The said exceptions, together with supporting documents, shall be submitted to: The Director Supervisory Data Center (SDC) Bangko Sentral Ng Pilipinas 16th Floor, Multi-Storey Building BSP Complex, A. Mabini Street Malate, Manila 1004 Any exceptions received after the cutoff date or any exception not duly substantiated with documents before the cut-off date will be evaluated and considered in the computation of the ASF for the immediate succeeding year. 3. Withholding tax on 2011 supervisory fees. The following shall apply to banks covered by Sections M and N of BIR Revenue Regulations (R.R.) No. 2-98 as amended by R.R. No. 17-2003: a. Within ten (10) days from 26 May 2011, the bank shall submit to the BSP (at the address indicated in Item 2 hereof) a certified true copy of the BIR notice classifying it as among the institutions covered under Section M of R.R. No. 2-98 as amended by R.R. No. 17-2003. Such BIR notice received by the BSP after said cut-off of ten (10) days will be considered in the ASF computation of the next year. The submission of such BIR notice will no longer be necessary if previously transmitted and received by the BSP in compliance with Section 3.1 of the BSP Memorandum Nos. 2009-0046 dated 17 November 2009 and M-2010-013 dated 31 May 2010. b. The ASF, net of the two percent (2%) CWT, shall be debited from the DDA on the specified date referred to in the notice of ASF billing under Item 1. c. The following timelines shall be observed on the submission of annual withholding tax documents to BSP at the address indicated in Item "2" hereof:
Tax Documents 1. Original copy of BIR Form No. 2307 - Certificate of Creditable Tax Withheld at Source Due Date On or before 31 December 2011
APP. 88 11.12.31
Tax Documents 2. Original Duplicate Copy of BIR Form No. 1601E Monthly Remittance Return of Creditable Income Taxes Tax Documents Withheld (Expanded), duly received by BIR, If manually filed, or duly supported with BIR confirmation notice/ advice, if elctronically filed 3. Certified true copy of BIR official receipt/payment confirmation receipt Due Date On or before 31 December 2011
On or before 31 December 2011
the annual income tax return of the BSP, the failure to submit all of the enumerated documents within the stated deadline will compel the BSP to immediately debit an amount equivalent to the 2% CWT from the DDA of banks concerned, with no obligation on the part of the BSP to reimburse said amount in case of late submission. In case of DDA deficiency, the provisions in Subsec. X901.1, as amended, shall apply. The above guidelines on withholding tax shall be strictly enforced pending resolution of the tax treatment on the ASF being assessed by the BSP.
(M-2009-004 dated 12 February 2009, as amended by M-2011-029 dated 26 May, 2011, M-2010-013 dated 31 May 2010, M-2009-046 dated 17 November 2009)
d. Considering that the withholding tax documents enumerated in Item c will be used to avail the tax credits for filing
APP. 89 11.12.31
REGULATORY RELIEF FOR BANKS AFFECTED BY CALAMITIES

(Footnote to Secs. X257, X302, X306, X338, Subsec. X192.2, X269.6, X269.8 and App. 18) The Monetary Board approved the grant of temporary regulatory relief to banks with head offices and branches located in the areas which were devastated by the following tropical storms: ONDOY 1. The following areas were declared under State of Calamity by the National Disaster Coordinating Council (NDCC) in view of Ondoy's extensive effects: a. The whole of National Capital Region (NCR); b. Cordillera Administrative Region: Mt. Province, Ifugao and Benguet; c. Region I: Pangasinan, La Union and Ilocos Sur; d. Region II: Isabela, Quirino and Nueva Vizcaya; e. Region III: Aurora, Nueva Ecija, Zambales, Pampanga, Bulacan, Tarlac and Bataan; f. Region IV-A: Cavite, Laguna, Batangas, Rizal and Quezon; g. Region IV-B: Mindoro (Occidental and Oriental) and Marinduque; and h. Region V: Catanduanes, Camarines Norte and Camarines Sur. 2. The temporary relief shall be in the form of the following whenever applicable: For UBs/KBs a. During a temporary grace period for payment or upon their restructuring and subject to reporting to the BSP, exclusion of the loans of borrowers in affected areas, which should have been reclassified as past due loans under Sec. X306 on 26 September 2009 and those maturing up to 31 December 2010, from computation of past due loan ratio: Provided, That BSP documentary requirements for restructuring of loans for this purpose are waived: Provided further , That bank will adopt appropriate and prudent operational controls; b. Reduction of the five percent (5%) general loan loss provision to one percent (1%) for restructured loans to borrowers in affected areas from 26 September 2009 to 31 December 2010; c. Non-imposition of monetary penalties for delays in the submission of all supervisory reports due to be submitted from 30 September 2009 to 30 November 2009; and d. Allowing banks to provide financial assistance to their officers and employees who were affected by the calamity even if not within the scope of the existing BSP-approved Fringe Benefit Program (FBP) subject to subsequent submission of request for approval of the amendment to FBP to the appropriate department of the SES for regularization. For RBs/TBs/Coop Banks a. During a temporary grace period for payment or upon their restructuring and subject to reporting to the BSP, exclusion of the loans of borrowers in affected areas, which should have been reclassified as past due loans under Sec. X306 on 26 September 2009 and those maturing up to 31 December 2010, from computation of past due loan ratio: Provided , That BSP documentary requirements for restructuring of loans for this purpose are waived: Provided further, That bank will adopt appropriate and prudent operational controls; b. Reduction of the five percent (5%) general loan loss provision to one percent (1%) for restructured loans to borrowers in affected areas from 26 September 2009 to 31 December 2010;
APP. 89 11.12.31
c. Non-imposition of penalties on legal reserve deficiencies of RBs/TBs/Coop Banks with head office and/or branches in the affected areas incurred starting from reserve weeks ended 01 October 2009 to 01 April 2010 provided these reserve deficiencies can be shown to be calamity related rather than due to pre-existing condition; d. Moratorium without penalty on monthly payments due to the BSP until 31 March 2010 for banks with ongoing rehabilitation programs upon filing of application for extension/rescheduling; e. For all types of credits extended to individuals and businesses directly affected by the calamity, allowing, subject to BSP prior approval, the booking of allowances for probable losses on a staggered basis over a maximum period of five (5) years on loans outstanding as of 26 September 2009; f. Non-imposition of monetary penalties for delays in the submission of all supervisory reports due to be submitted from 30 September 2009 to 31 March 2010; and g. Allowing banks to provide financial assistance to their officers and employees who were affected by the calamity even if not within the scope of the existing BSPapproved Fringe Benefit Program (FBP) subject to subsequent submission of request for approval of the amendment to FBP to the appropriate department of the SES for regularization. For All Rediscounting Banks a. Upon application, granting of a sixty (60)-day grace period to settle the outstanding rediscounting obligations as of 28 September 2009 with the BSP of all rediscounting banks with head office, or with branches or with end-user borrowers in the affected areas except those with serious violations of findings with the SES; and
b. In addition to above, allow the rediscounting banks to restructure with the BSP, on a case-to-case basis the outstanding rediscounted loans of their end-user borrowers affected by the calamity, subject to the terms and conditions stated in the implementing guidelines provided in Annex A.
(M-2009-036 dated 07 October 2009)
B. PEPENG 1. The following areas were declared under State of Calamity by President Gloria Macapagal Arroyo on 02 October 2009 in view of Pepeng's extensive effects: a. Region I: La Union, Pangasinan, Ilocos Norte and Ilocos Sur; b. Region II: Isabela, Quirino, Cagayan and Nueva Viscaya; c. Region III: Aurora, Bulacan, Pampanga, Zambales, Nueva Ecija and Tarlac; d. Region IV-A: Quezon and Rizal; e. Region V: Albay, Camarines Sur, Catanduanes and Sorsogon; f. Region VI: Negros Occidental; g. Cordillera Administrative Region: Apayao, Mt. Province, Kalinga, Benguet, Abra, Ifugao and La Trinidad; and h. The National Capital Region (NCR). 2. The temporary relief shall be in the form of the following whenever applicable: For RBs/TBs/Coop Banks a. During a temporary grace period for payment or upon their restructuring and subject to reporting to BSP, exclusion of the loans of borrowers in affected areas, which should have been reclassified as past due loans under Sec. X306 on 03 October 2009 and those maturing up to 31 December 2010, from computation of past due loan ratio: Provided, That BSP documentary requirements for restructuring of loans for this purpose are waived: Provided, further,
APP. 89 11.12.31
That bank will adopt appropriate and prudent operational controls; b. Reduction of the five percent (5%) general loan loss provision to one percent (1%) for restructured loans to borrowers in affected areas from 03 October 2009 to 31 December 2010; c. Non-imposition of penalties on legal reserve deficiencies of RBs/TBs/Coop Banks with head office and/or branches in the affected areas incurred starting from reserve weeks ended 08 October 2009 to 01 April 2010, provided, these reserve deficiencies can be shown to be calamity related rather than due to pre-existing condition; d. Moratorium without penalty on monthly payments due to the BSP until 31 March 2010 for banks with ongoing rehabilitation programs upon filing of application for extension/rescheduling; e. For all types of credits extended to individuals and businesses directly affected by the calamity, allowing, subject to BSP prior approval, the booking of allowances for probable losses on a staggered basis over a maximum period of five (5) years on loans outstanding as of 03 October 2009; f. Non-imposition of monetary penalties for delays in the submission of all supervisory reports due to be submitted from 31 October 2009 to 31 March 2010; and g. Allowing banks to provide financial assistance to their officers and employees who were affected by the calamity even if not within the scope of the existing BSP-approved Fringe Benefit Program (FBP) subject to subsequent submission of request for approval of the amendment to FBP to the appropriate department of the SES for regularization. For All Rediscounting Banks a. Upon application, granting of a sixty (60)-day grace period to settle the outstanding rediscounting obligations as of
28 September 2009 with the BSP of all rediscounting banks with head office, or with branches or with end-user borrowers in the affected areas except those with serious violations of findings with the SES; and b. In addition to above, allow the rediscounting banks to restructure with the BSP, on a case-to-case basis the outstanding rediscounted loans of their end-user borrowers affected by the calamity, subject to the terms and conditions stated in the implementing guidelines provided in Annex A.
(M-2009-040 dated 30 October 2009)
C. EL NINO (2009) The Monetary Board approved to grant temporary regulatory and rediscounting relief to RBs and Coop Banks located in: a. Areas adversely affected by El Nino phenomenon based on the latest update of the National Disaster Coordinating Council (NDCC) dated 19 March 2010 in view of its extensive effects, as follows: Region I: La Union, Pangasinan, Ilocos Norte, and Ilocos Sur Region II: Cagayan, Isabela, Nueva Vizcaya, and Quirino Region III: Bataan, Bulacan, Nueva Ecija, Pampanga, Tarlac, and Zambales Region IV-A: Cavite , Laguna, Batangas, Rizal, and Quezon Region V: Albay [six (6) municipalities and two (2) cities], Camarines Sur [eighteen (18) municipalities and two (2) cities], Camarines Norte [nine (9) municipalities], Sorsogon [one (1) municipality], Catanduanes [six (6) municipalities], and Masbate [fourteen (14) municipalities and one (1) city] Region VI: Antique, Guimaras, Iloilo, Negros Occidental and Capiz Region VII: twenty eight (28) mountain barangays in Cebu City, and Negros Oriental
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Region IX: Zamboanga del Norte, Zamboanga Sibugay, and Zamboanga City Region X: Lanao del Sur, Lanao del Norte, Bukidnon, Misamis Occidental, and Misamis Oriental Region XI: Davao del Sur, Davao del Norte, and Davao City Region XII: Cotabato Province, Sultan Kudarat, Sarangani, South Cotabato, and Maguindanao Province [seventy five (75) municipalities] Cordillera: Ifugao, Kalinga, Apayao, Mt. Province and Abra; and Administrative Region b. such other areas may be subsequently added by NDCC to the list contained in aforementioned update. RBs and Coop Banks in the additional affected areas shall be automatically eligible for the temporary regulatory and rediscounting relief. The temporary relief to RBs and Coop Banks shall be in the following form whenever applicable: i. During a temporary grace period for payment or upon their restructuring (including second restructuring) and subject to reporting to the BSP, exclusion of the loans of the affected borrowers of RBs and Coop Banks in abovementioned areas, which should have been reclassified as past due loans (PDLs) under Sec. X306 on 01 March 2010 and those maturing up to 30 April 2011, from computation of PDL ratio; ii. Reduction of the five percent (5%) general loan loss provision to one percent (1%) for restructured loans to borrowers of RBs and Coop Banks in affected areas from 01 March 2010 to 30 April 2011; iii. Non-imposition of penalties on legal reserve deficiencies of RBs and Coop Banks in the affected areas incurred or that maybe incurred starting from reserve weeks ended 04 March 2010 to 30 September 2010 provided these reserve deficiencies can be shown to be calamity related rather than due to pre-existing condition; and
iv. For all types of credits extended to individuals and businesses directly affected by the calamity, allowing, subject to BSP prior approval, the booking of allowances for probable losses on a staggered basis over a maximum period of five (5) years reckoned from the dated of this approval (08 April 2010) on loans outstanding as of 31 March 2010. For All Rediscounting Banks i. Upon application, granting of a sixty (60)-day grace period to settle the outstanding rediscounting obligations as of 15 March 2010 with the BSP except those with serious violations of findings with the SES; ii. Allow the rediscounting banks to restructure with the BSP, on a case-to-case basis the outstanding rediscounted loans of their end-user borrowers affected by the calamity, subject to the terms and conditions in the implementing guidelines attached as Annex A hereof. iii. Allow the affected RBs and Coop Banks up to 31 May 2010 to apply for a special rediscounting line and up to 31 December 2010 to avail themselves of such line. Loans availed by affected RBs and Coop Banks under the special rediscounting lines are subject to renewal based on the original term of the loans but not to exceed five (5) years; and iv. Allow the use of the unavailed portion of P5 billion budget exclusively for the restructuring of rediscounting obligations of banks and new availments of banks intended as rediscounting relief for bank customers adversely affected by Typhoons Ondoy and Pepeng
(M-2010-07 dated 23 April 2010)
D. JUAN 1. The following areas identified by the report of the National Disaster Risk Reduction and Management Council were devastated by typhoon Juan:
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a. Region I: Ilocos Norte, Ilocos Sur, La Union and Pangasinan; b. Region II: Cagayan, Isabela Nueva Vizcaya, and Quirino c. Region III: Aurora, Bataan, Bulacan, Nueva Ecija, Pampanga, Tarlac and Zambales d. Region IV A: Cavite and Rizal e. Cordillera Administrative Region: Abra, Apayao, Benguet, Ifugao, Kalinga and Mt. Province; and f. National Capital Region: Manila 2. The temporary relief shall be in the form of the following whenever applicable: For TBs/RBs/Coop Banks a. During a temporary grace period for payment or upon their restructuring and subject to reporting to BSP, exclusion of the loans of borrowers in affected areas, which should have been reclassified as past due loans under Section X306 on 18 October 2010 and those becoming past due up to 31 December 2011, from computation of past due loan ratio: Provided, That BSP documentary requirements for restructuring of loans for this purpose are waived: Provided, further, That bank will adopt appropriate and prudent operational controls; b. Reduction of the five percent (5%) general loan loss provision to one percent (1%) for restructured loans to borrowers in affected areas from 18 October 2010 to 31 December 2011; c. Non-imposition of penalties on legal reserve deficiencies of RBs/TBs/Coop Banks with head office and/or branches in the affected areas incurred starting from reserve weeks ended 21 October 2010 to 21 April 2011 provided these reserve deficiencies can be shown to be calamity related rather than due to pre-existing condition;
d. Moratorium without penalty on monthly payments due to the BSP until 30 April 2011 for banks with ongoing rehabilitation programs upon filing of application for extension/rescheduling; e. For all types of credits extended to individuals and businesses directly affected by the calamity, allowing subject to BSP prior approval, the booking allowances for probable losses on a staggered basis over a maximum period of five (5) years on loans outstanding as of 18 October 2010; f. Non-imposition of monetary penalties for delays in the submission of all supervisory reports due to be submitted from 18 October 2010 to 30 April 2011; and g. Allowing banks to provide financial assistance to their officers and employees who were affected by the calamity even if not within the scope of the existing BSP-approved Fringe Benefit Plan (FBP) subject to subsequent submission of request for approval of the amendment to FBP to the appropriate department of the SES for regularization. For All Rediscounting Banks a. Upon application, granting of a sixty (60)-day grace period to settle the outstanding rediscounting obligations as of 20 October 2010 with the BSP of all rediscounting banks with head office, or with branches or with end-user borrowers in the affected areas except those with serious violations or findings with the SES; and b. In addition to above, allow the rediscounting banks to restructure with the BSP, on a case to case basis the outstanding rediscounted loans of their end-user borrowers affected by the calamity, subject to the terms and conditions stated in the implementing guidelines provided in Annex A.
(M-2010-039 dated 03 November 2010)
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E. LANDSLIDES AND FLOODING 1. The following areas identified by the report of the National Disaster Risk Reduction and Management Council were devastated by typhoon Landslides and Flooding: a. Region IV-B: Palawan; b. Region V: Albay, Sorsogon, Camarines Sur, and Catanduanes; c. Region VI: Negros Occidental; d. Region VII: Cebu, Bohol, Negros Oriental, and Siquijor; e. Region VIII: Southern Leyte, Eastern Samar, Western Samar, Northern Samar, and Leyte; f. Region X: Lanao del Norte and Misamis Occidental; g. Region XI: Compostela Valley, Davao del Norte, Davao del Sur, and Davao Oriental; h. Region XII: South Cotabato; i. CARAGA: Surigao del Norte, Surigao del Sur, Agusan del Norte, and Agusan del Sur; and j. Autonomous Region of Muslim Mindanao: Maguidanao. 2. The temporary relief shall be in the form of the following whenever applicable: For TBs/RBs/Coop Banks a. During a temporary grace period for payment or upon their restructuring and subject to reporting to the BSP, exclusion of the loans of borrowers in affected areas, which should have been reclassified as PDLs under Section X306 of the Manual of Regulations for Banks on 29 August 2010 and those becoming past due up to 31 December 2011, from computation of PDL ratio: Provided, that BSP documentary requirements for restructuring of loans for this purpose are waived; Provided, further, that the bank will adopt appropriate and prudent operational controls; b. Reduction of the five percent (5%) general loan loss provision to one percent
(1%) for restructured loans to borrowers in affected areas from 29 August 2010 to 31 December 2011; c. Non-imposition of penalties on legal reserve deficiencies of TBs/RBs/Coop Banks with HOs and/or branches in the affected areas incurred starting from reserve weeks ended 30 December 2010 to 30 June 2011, provided these reserve deficiencies can be shown to be calamity-related rather than due to pre-existing condition; d. Moratorium without penalty on monthly payments due to the BSP until 30 June 2011 for banks with ongoing rehabilitation programs upon filing of application for extension/rescheduling e. For all types of credits extended to individuals and businesses directly affected by the calamity, allowing, subject to BSP prior approval, the booking of allowances for probable losses on a staggered basis over a maximum period of five years on loans outstanding as of 29 December 2010; f. Non-imposition of monetary penalties for delays in the submission of all supervisory reports due to be submitted from 29 December 2010 to 30 June 2011; and g. Allowing banks to provide financial assistance to their officers and employees who were affected by the calamity even if not within the scope of the existing BSP-approved Fringe Benefit Program (FBP), subject to subsequent submission of request for approval of the amendment to FBP to the appropriate supervision and examination department for regularization. For All Rediscounting Banks a. Upon application, granting of a sixty (60)-day grace period to settle the outstanding rediscounting obligations as of 29 December 2010 with the BSP of all rediscounting banks with HO, or with
APP. 89 11.12.31
branches or with end-user borrowers in the affected areas, except those with serious violations or findings with the SES; and b. In addition to above, allow the rediscounting banks to restructure with the BSP, on a case-to-case basis, the outstanding rediscounted loans of their end-user borrowers affected by the calamity, subject to the terms and conditions stated in the implementing guidelines provided in Annex A.
(M-2011-007 dated 04 February 2011)
F. JUANING 1. The following areas identified by the report of the National Disaster Risk Reduction and Management Council were devastated by typhoon Juaning: a. NCR: Las Pias City, Muntinlupa City, Pasay City and Quezon City b. CAR: Benguet, Ifugao and Kalinga c. Region I: La Union and Pangasinan d. Region II: Isabela, Nueva Vizcaya and Quirino e. Region III: Aurora, Bulacan, Nueva Ecija and Pampanga f. Region IV-A: Batangas and Quezon g. Region IV-B: Marinduque and Romblon h. Region V: Albay, Camarines Norte, Camarines Sur, Catanduanes, Masbate and Sorsogon i. Region VI: Iloilo and Antique j. Region VII: Siquijor and Cebu k. Region VIII: Leyte and Eastern Samar l. Region X: Lanao del Norte 2. The temporary relief shall be in the form of the following whenever applicable: For TBs/RBs/Coop Banks: a. During a temporary grace period for payment or upon their restructuring and subject to reporting to the (BSP), exclusion of the loans of borrowers in
affected areas, which should have been reclassified as past due loans (PDLs) under Section X306 of the Manual of Regulations for Banks on 25 July 2011 and those becoming past due up to 31 December 2012, from computation of PDL ratio: Provided , that BSP documentary requirements for restructuring of loans for this purpose are waived; Provided, further, that the bank will adopt appropriate and prudent operational controls; b. Reduction of the five percent (5%) general loan loss provision to one percent (1%) for restructured loans to borrowers in affected areas from 25 July 2011 to 31 December 2012; c. Non-imposition of penalties on legal reserve deficiencies of TBs/RBs/Coop Banks with HOs and/or branches in the affected areas incurred starting from reserve weeks ended 28 July 2011 to 26 January 2012, provided these reserve deficiencies can be shown to be calamity-related rather than due to pre-existing condition; d. Moratorium without penalty on monthly payments due to the BSP until 31 January 2012 for banks with ongoing rehabilitation programs upon filing of application for extension/rescheduling; e. For all types of credits extended to individuals and businesses directly affected by the calamity, allowing, subject to BSP prior approval, the booking of allowances for probable losses on a staggered basis over a maximum period of five years on loans outstanding as of 25 July 2011; f. Non-imposition of monetary penalties for delays in the submission of all supervisory reports due to be submitted from 25 July 2011 to 31 January 2012; and g. Allowing banks to provide financial assistance to their officers and employees who were affected by the calamity even if not within the scope of the existing
APP. 89 11.12.31
BSP-approved Fringe Benefit Program (FBP), subject to subsequent submission of request for approval of the amendment to FBP to the appropriate supervision and examination department for regularization. For All Rediscounting Banks a. Upon application, granting of a sixty (60)-day grace period to settle the outstanding rediscounting obligations as of 25 July 2011 with the BSP of all rediscounting banks with HO, or with branches or with end-user borrowers in the affected areas, except those with serious violations or findings with the Supervision and Examination Sector; and b. In addition to above, allow the rediscounting banks to restructure with the BSP, on a case-to-case basis, the outstanding rediscounted loans of their end-user borrowers affected by the calamity, subject to the terms and conditions stated in the implementing guidelines in Annex A.
(M-2011-043 dated 12 August 2011)
G. MINA 1. The following areas identified by the report of the National Disaster Risk Reduction and Management Council were devastated by typhoon Mina: a. NCR: Navotas City b. CAR: Abra, Apayao, Benguet, Kalinga and Mt. Province c. Region I: Ilocos Norte, Ilocos Sur, La Union and Pangasinan d. Region II: Cagayan, Isabela and Nueva Vizcaya e. Region III: Tarlac and Zambales f. Region V: Albay g. Region VI: Iloilo and Negros Occidental 2. The temporary relief shall be in the form of the following whenever applicable:
For TBs/RBs/Coop Banks: a. During a temporary grace period for payment or upon their restructuring and subject to reporting to the BSP, exclusion of the loans of borrowers in affected areas, which should have been reclassified as PDLs under Section X306 of the Manual of Regulations for Banks on 25 August 2011 and those becoming past due up to 31 December 2012, from computation of PDL ratio: Provided, that BSP documentary requirements for restructuring of loans for this purpose are waived; Provided, further , that the bank will adopt appropriate and prudent operational controls; b. Reduction of the five percent (5%) general loan loss provision to one percent (1%) for restructured loans to borrowers in affected areas from 25 August 2011 to 31 December 2012; c. Non-imposition of penalties on legal reserve deficiencies of TBs/RBs/Coop Banks with HOs and/or branches in the affected areas incurred starting from reserve weeks ended 1 September 2011 to 23 February 2012, provided these reserve deficiencies can be shown to be calamity-related rather than due to pre-existing condition; d. Moratorium without penalty on monthly payments due to the BSP until 29 February 2012 for banks with ongoing rehabilitation programs upon filing of application for extension/rescheduling; e. For all types of credits extended to individuals and businesses directly affected by the calamity, allowing, subject to BSP prior approval, the booking of allowances for probable losses on a staggered basis over a maximum period of five years on loans outstanding as of 25 August 2011; f. Non-imposition of monetary penalties for delays in the submission
APP. 89 11.12.31
of all supervisory reports due to be submitted from 25 August 2011 to 29 February 2012; and g. Allowing banks to provide financial assistance to their officers and employees who were affected by the calamity even if not within the scope of the existing BSP-approved Fringe Benefit Program (FBP), subject to subsequent submission of request for approval of the amendment to FBP to the appropriate supervision and examination department for regularization. For All Rediscounting Banks a. Upon application, granting of a sixty (60)-day grace period to settle the outstanding rediscounting obligations as of 25 August 2011 with the BSP of all rediscounting banks with HO, or with branches or with end-user borrowers in the affected areas, except those with serious violations or findings with the SES; and b. In addition to above, allow the rediscounting banks to restructure with the BSP, on a case-to-case basis, the outstanding rediscounted loans of their end-user borrowers affected by the calamity, subject to the terms and conditions stated in the implementing guidelines provided in Annex A. F. PEDRING 1. The following areas identified by the report of the National Disaster Risk Reduction and Management Council were devastated by typhoon Pedring: a. NCR: Caloocan City, Malabon City, Manila City, Muntinlupa City, Navotas City, Paraaque City, Pasay City, Pasig City, Pateros, Quezon City and Valenzuela City b. CAR: Abra, Apayao, Benguet, Ifuagao, Kalinga and Mt. Province
c. Region I: Ilocos Norte, Ilocos Sur, La Union and Pangasinan d. Region II: Cagayan, Isabela, Nueva Vizcaya and Quirino e. Region III: Aurora, Bataan, Bulacan, Nueva Ecija, Pampanga, Tarlac and Zambales f. Region IV-A: Batangas, Cavite, Laguna, Quezon and Rizal g. Region IV-B: Occidental Mindoro, Oriental Mindoro and Romblon h. Region V: Albay, Camarines Norte, Camarines Sur and Catanduanes i. Region VI: Antique and Iloilo 2. The temporary relief shall be in the form of the following whenever applicable: For TBs/RBs/Coop Banks: a. During a temporary grace period for payment or upon their restructuring and subject to reporting to the BSP, exclusion of the loans of borrowers in affected areas, which should have been reclassified as PDLs under Section X306 of the MORB on 24 September 2011 and those becoming past due up to 31 December 2012, from computation of PDL ratio: Provided, that BSP documentary requirements for restructuring of loans for this purpose are waived; Provided, further, that the bank will adopt appropriate and prudent operational controls; b. Reduction of the five percent (5%) general loan loss provision to one percent (1%) for restructured loans to borrowers in affected areas from 24 September 2011 to 31 December 2012; c. Non-imposition of penalties on legal reserve deficiencies of TBs/RBs/Coop Banks with HOs and/or branches in the affected areas incurred starting from reserve weeks ended 29 September 2011 to 29 March 2012, provided these reserve deficiencies can be shown to be calamity related rather than due to pre-existing condition;
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d. Moratorium without penalty on monthly payments due to the BSP until 31 March 2012 for banks with ongoing rehabilitation programs upon filing of application for extension/rescheduling; e. For all types of credits extended to individuals and businesses directly affected by the calamity, allowing, subject to BSP prior approval, the booking of allowances for probable losses on a staggered basis over a maximum period of five years on loans outstanding as of 24 September 2011; f. Non-imposition of monetary penalties for delays in the submission of all supervisory reports due to be submitted from 24 September 2011 to 31 March 2012; and g. Allowing banks to provide financial assistance to their officers and employees who were affected by the calamity even if not within the scope of the existing BSP-approved Fringe Benefit Program (FBP), subject to subsequent submission
of request for approval of the amendment to FBP to the appropriate supervision and examination department for regularization. For All Rediscounting Banks a. Upon application, granting of a sixty (60)-day grace period to settle the outstanding rediscounting obligations as of 24 September 2011 with the BSP of all rediscounting banks with HO, or with branches or with end-user borrowers in the affected areas, except those with serious violations or findings with the SES; and b. In addition to above, allow the rediscounting banks to restructure with the BSP, on a case-to-case basis, the outstanding rediscounted loans of their end-user borrowers affected by the calamity, subject to the terms and conditions stated in the implementing guidelines provided in Annex A.
(M-2011-055 dated 17 October 2011)
(M-2009-036 dated 07 October 2009, as amended by M-2011-056 dated 10 November 2011, M-2011-055 dated 17 October 2011, M-2011-043 dated 12 August 2011, M-2011-007 dated 04 February 2011, M-2010-039 dated 03 November 2010, M-2010-007 dated 23 April 2010, M-2009-037 dated 08 October 2009 and M-2009-038 dated 08 October 2009, as amended by M-2009-040 dated 30 October 2009)
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Annex A IMPLEMENTING GUIDELINES ON THE RESTRUCTURING SCHEME COVERING THE REDISCOUNTING OBLIGATIONS WITH THE BANGKO SENTRAL OF REDISCOUNTING BANKS IN THE AREAS AFFECTED BY NATURAL CALAMITIES
(Footnote to Secs. X257, X302, X306, X338, Subsecs. X192.2, X269.6, X269.8 and App. 18) I. Objectives The objectives of the loan settlement scheme are as follows: a. To support the recovery efforts of rediscounting banks in the areas affected by typhoon Ondoy; b. To enable the rediscounting banks to liquidate their loan obligations with the BSP by way of restructuring; and c. To ensure the collection of the rediscounted loans which may become past due in view of the damage caused by the typhoon, and maintain if not improve the quality of the loan portfolio of the BSP. II. Qualified banks a. All rediscounting banks with enduser borrowers located in the areas declared as under state of natural calamity by the NDCC (see Item "A.1" of Appendix 89); b. Rediscounting banks with serious violations or findings with the SES, and/ or which are currently under investigation or subject to legal action by the Office of Special Investigation shall not be qualified to avail of the restructuring scheme. c. In addition to Item No. II.b, the DLC shall evaluate each bank to determine if each would qualify for the restructuring. III. Terms and conditions a. Maturity The restructured loan shall have a maximum term of five (5) years; b. Amount to be restructured The amount to be restructured shall be equivalent to the following: (1) Principal . Unpaid outstanding balance of the principal obligation in books of account of the BSP; and (2) Accrued interest. Unpaid interest due on the outstanding principal obligation as of the end of the applicable repayment or amortization date, preceding the approval of the loan restructuring. c. Interest rate The interest rate to be charged against the outstanding principal balance of the restructured loan shall be based on prevailing rediscount rate. The interest shall be re-priced annually. d. Maximum bank lending rate The restructured interest rate of the bank to its end-user borrowers shall not exceed six percent (6%) over and above the applicable BSP interest rate. Moreover, the bank shall not charge interest on accrued interest. e. Terms of repayment (1) Settlement Value. The settlement value shall be paid by the bank in equal monthly amortizations: Provided, That the amortization period shall not exceed five (5) years, to wit: (a) Principal. The principal obligation shall be paid in equal monthly amortization plus the applicable rediscount rate; and (b) Accrued interest. The accrued interest on the principal obligation as of the end of the month immediately preceding the approval of the loan settlement scheme shall likewise be paid in equal monthly amortizations. No
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interest shall be charged on the accrued interest. (2) Grace Period. The bank shall be given a grace period of six (6) months within which to pay the first amortization. f. Collaterals. The following shall be collaterals acceptable: (1) Restructured promissory notes of end-user borrowers; (2) Hard collaterals owned by the bank such as bank premises and government securities; and (3) Other collaterals acceptable to the DLC. g. Default cause (1) Failure to pay two (2) or more amortizations shall be considered an event of default and shall render the unpaid balance of the loan, plus accrued interest and penalty charges due thereon, immediately due and demandable; (2) A penalty charge of twelve percent (12%) per annum shall be assessed on the defaulted amortization payment, reckoned from the amortization due date to date of payment; and (3) T h e D L C m a y e x e r c i s e t h e option to refer to the Office of Special Investigation or to an external lawyer for appropriate legal action, without further need for demand or notice to the defaulting bank. h. Required documents. Qualified banks shall submit the following documents: (1) Letter of Understanding (LOU), agreeing to the terms and conditions of the restructuring. The LOU shall be executed by the senior officers of the bank, duly designated by its board of directors; and (2) Surety Agreement, if there is collateral deficiency.
IV. Application procedures a. Filing of application The bank shall file with the DLC an application for restructuring of its outstanding rediscounting loans, supported by the following documents: (1) Resolution of the board of directors (a) authorizing the bank to enter into a loan settlement arrangement with the BSP, and (b) designating authorized senior officers therefor; (2) The restructured promissory notes of the end-user borrowers and other supporting documents; and (3) Promissory Note with Trust Receipt Agreement and Deed of Assignment executed by the authorized senior officers of the bank, duly notarized. b. Notice of approval of application The DLC shall notify the bank of the approval of its application to avail of the loan settlement scheme. Upon receipt of said advice, the bank shall: (1) Execute the applicable document under Item No. IV.a; and (2) Pay the required amortization immediately on the month following the date of approval of the loan restructuring scheme and monthly thereafter until fully paid. V. Authorized signatories of the Bangko Sentral
Transaction Approval of the application to avail of the loan restructuring scheme Approval to release the collateral documents Execution of Cancellation of Deeds of Real Estate Mortgage Assignment or Pledge Authorized BSP Officer Director, DLC, or in her absence, any of the DLC Deputy Directors Director, DLC, or in her absence, any of the DLC Deputy Directors Deputy Governor, Monetary Stability Sector
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VI. Other provisions a. Value-Date of the Settlement Scheme The valuedate of the settlement value shall be the end of the month immediately preceding the date of approval of the loan restructuring. b. Effectivity date The loan settlement scheme for the following calamities shall be made available on the following schedule dates:
a) Ondoy - 31 March 2010; b) Pepeng - 31 March 2010; c) El Nino - 31 May 2010; d) Juan - 30 April 2011; e) Landslides and Flooding - 30 June 2011; f) Juaning - 31 January 2012; and g) Mina - 29 February 2011.
(M-2009-036 dated 07 October 2009, as amended by M-2011-056 dated 10 November 2011, M-2011-055 dated 17 October 2011, M-2011-043 dated 12 August 2011, M-2011-007 dated 04 February 2011, M-2010-039 dated 03 November 2010, M-2010-007 dated 23 April 2010, M-2009-037 dated 08 October 2009 and M-2009-038 dated 08 October 2009, as amended by M-2009-040 dated 30 October 2009)
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GUIDELINES ON BANKS INTERNAL CAPITAL ADEQUACY ASSESSMENT PROCESS

A. Introduction 1. This document sets out the broad guidelines that UBs and KBs (hereinafter referred to as banks) should follow in the design and use of their Internal Capital Adequacy Assessment Process (ICAAP). A banks ICAAP supplements the BSPs Risk-Based Capital Adequacy Framework (the Framework) as contained in existing regulations and, thus, must be applied on a group-wide basis, i.e., it should cover all of a banks subsidiaries and affiliates. 2. Although the Framework prescribes the guidelines for determining banks minimum regulatory capital requirements in relation to their exposure to credit risk, market risk and operational risk, a banks Board of Directors and senior management are still ultimately responsible in ensuring that the bank maintains an appropriate level and quality of capital commensurate not just with the risks covered by the Framework, but also with all other material risks to which it is exposed. Hence, a bank must have in place an ICAAP that takes into account all of these risks. B. Guiding principles 1. Banks must have a process for assessing their capital adequacy relative to their risk profile (an ICAAP). 2. The ICAAP is the responsibility of banks. Banks are responsible for setting internal capital targets that are consistent with their risk profile, operating environment, and strategic/business plans. The ICAAP should be tailored to a banks circumstances and needs, and it should use
the inputs and definitions that a bank normally uses for internal purposes. 3. Banks ICAAP (i.e., the methodologies, assumptions and procedures) and other policies supporting it (e.g., capital policy, risk management policy, etc.) should be formally documented, and they should be reviewed and approved by the board. The results of the ICAAP should also be regularly reported to the board. In addition, the board and senior management are responsible for integrating capital planning and capital management into banks overall management culture and approach. They should ensure that formal capital planning and management policies and procedures are communicated and implemented group-wide and supported by sufficient authority and resources. Banks ICAAP document should be submitted to the appropriate Central Point of Contact Department (CPCD) of the BSP every 31 January of each year. A suggested format of the ICAAP submission to the BSP is provided in Annex A of Appendix 90. 4. The ICAAP should form an integral part of banks risk management processes so as to enable the board and senior management to assess, on an on-going basis, the risks that are inherent in their activities and material to their bank. This could range from using the ICAAP in more general business decisions (e.g. expansion plans) and budgets, to the more specific decisions such as allocating capital to business units, or to having it play a role in the individual credit decision process. 5. The ICAAP should be reviewed by the board and senior management at least annually, or as often as is deemed necessary
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to ensure that risks are covered adequately and that capital coverage reflects the actual risk profile of their bank. Moreover, any changes in a banks strategic focus, business plan, operating environment or other factors that materially affect assumptions or methodologies used in the ICAAP should initiate appropriate adjustments to the ICAAP. New risks that occur in the business of a bank should be identified and incorporated into the ICAAP. The ICAAP and its review process should be subject to independent internal or external review. Results thereof should be communicated to the board and senior management. 6. Banks should set capital targets which are consistent with their risk profile, operating environment, and business plans. Banks, however, may take other considerations into account in deciding how much capital to hold, such as external rating goals, market reputation and strategic goals. If these other considerations are included in the process, banks must be able to show to the BSP how they influenced their decisions concerning the amount of capital to hold. 7. The ICAAP should capture the risks covered under the Framework credit risk, market risk, and operational risk. If applicable, banks should disclose major differences between the treatments of these risks in the calculation of minimum regulatory capital requirement under the Framework and under the ICAAP. In addition, the ICAAP should also consider other material risks that banks are exposed to, albeit that there is no standard definition of materiality. Banks are free to use their own definition, albeit that they should be able to explain this in detail to the BSP, including the methods used, and the coverage of all material risks. These other material risks may include any of the following:
a. Risks not fully captured under the Framework, for example, credit concentration risk, risk posed by nonperforming assets, risk posed by contingent exposures, etc.; b. Risks not covered under the Framework. As a starting point, banks may choose to use the other risks identified under Circular No. 510 dated 03 February 2006. Some of these risks are less likely to lend themselves to quantitative approaches, in which cases banks are expected to employ more qualitative methods of assessment and mitigation. Banks should clearly establish for which risks a quantitative measure is warranted, and for which risks a qualitative measure is the correct risk assessment and mitigation tool ; and c.Risk factors external to banks. These include risks which may arise from the regulatory, economic or business environment. 8. Banks should have a documented process for assessing risks. This process may operate either at the level of the individual banks within the banking group, or at the banking group level. Banks are likely to find that some risks are easier to measure than others, depending on the availability of information. This implies that their ICAAP could be a mixture of detailed calculations and estimates. It is also important that banks not rely on quantitative methods alone to assess their capital adequacy, but include an element of qualitative assessment and management judgment of inputs and outputs. Non-quantifiable risks should be included if they are material, even if they can only be estimated. This requirement might be eased if banks can demonstrate that they have an appropriate policy for mitigating/managing these risks. 9. The ICAAP should take into account banks strategic plans and how they
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relate to macro-economic factors. Banks should develop an internal strategy for maintaining capital levels which can incorporate factors such as loan growth expectations, future sources and uses of funds and dividend policy, and any procyclical variation of minimum regulatory capital requirements. Banks should also have an explicit, board-approved capital plan which states their objectives and the time horizon for achieving those objectives, and in broad terms the capital planning process and the responsibilities for that process. The plan should also lay out how banks will comply with capital requirements in the future, any relevant limits related to capital, and a general contingency plan for dealing with divergences and unexpected events (for example, raising additional capital, restricting business, or using risk mitigation techniques). In addition, banks should conduct appropriate scenario/stress tests which take into account, for example, the risks specific to the particular stage of the business cycle. Banks should analyze the impact that new legislation/regulation, actions of competitors or other factors may have on their performance, in order to determine what changes in the environment they could sustain. 10. The results and findings of the ICAAP should feed into banks evaluation of their strategy and risk appetite. For less sophisticated banks in particular, for which genuine strategic capital planning is likely to be more difficult, the results of the process should mainly influence the banks management of its risk profile (for example, via changes to its lending behavior or through the use of risk mitigants). The ICAAP should produce a reasonable overall capital number and assessment. Banks should be able to explain to the BSPs satisfaction the similarities and differences between its
ICAAP and its minimum regulatory capital requirements under the Framework. C. ICAAP Methodologies 1. While banks may use simple or model-based ICAAP methodologies depending on what they think is appropriate for them (please see Annex B of Appendix 90 for description of the different broad classification of methodologies), at the minimum, the BSP expects banks to adopt an ICAAP based on the minimum regulatory capital requirement under the Framework and, where applicable, assess extra capital proportionate to the other risks that are not covered under said Framework. This requires an assessment first of whether the risks covered under the Framework - credit risk, market risk and operational risk - are fully captured, and second, how much capital to allocate against other risks and external factors. 2. Regardless of which methodology a bank decides to adopt, it should compare its actual and future projected capital with the actual and future internal capital need arising from the assessment. The actual calculation and allocation of capital always needs to be supplemented by sufficiently robust qualitative procedures, measures and provisions to identify, manage, control and monitor all risks. 3. The ICAAP will always consist of two parts. One part covers all steps necessary for assessing the risks. The other part covers all steps necessary to assess the actual capital (risk-taking capacity). As these two parts will always meet at the end of the ICAAP and have to be in balance, there is no procedure which says which part has to be assessed first. 4. After choosing its ICAAP methodology, a bank could take its thinking through the following steps in developing the ICAAP:
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a. Risk identification A bank could prepare a list of all material risks to which it is exposed; for that purpose it may find it useful to identify and consider its largest past losses and whether those losses are likely to recur. The identification of all material risk to which a bank is exposed should be conducted in a forward looking manner. b. Capital assessment For all the risks identified through the process above, a bank could then consider how it would act, and the amount of capital that would be absorbed, in the event that one or more of the risks identified was to materialize.
c. Forward capital planning A bank could then consider how its capital need as calculated above might change in line with its business plans over its strategic time horizon, and how it might respond to these changes. In doing so, a bank may want to perform a sensitivity analysis to understand how sensitive its capital is to changes in internal and external factors such as business risks, and changes in economic/business cycles. d. ICAAP outcome Finally, a bank should document the ranges of capital required as identified above and form an overall view on the amount of internal capital which it should hold.
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Annex A
INTERNAL CAPITAL ADEQUACY ASSESSMENT PROCESS (Suggested Format)
The BSP expects that there will be a fair degree of variation in the length and format of submissions since banks business and risk profiles differ. As such the ICAAP document should be proportional to the size, nature and complexity of a banks business. This format has been provided as a starting point. Banks are not required to adopt this format. However, adopting this format may be convenient for banks as it covers the minimum issues which typically would be the subject of review by the BSP and may therefore make the review process more efficient for both the bank and the BSP. Equally, use of this template is not a substitute for being aware of the relevant rules. What is an ICAAP document? An ICAAP document is a banks explanation to the BSP of its internal capital adequacy assessment process. While this may be based on existing internal documentation from numerous sources, the BSP will clearly find it helpful to have a summary prepared to communicate the key results and issues to it at a senior level. Since the BSP will be basing many of its views on the information contained in the ICAAP document, the banks board of directors and senior management should have formally approved its contents. As such, the BSP would expect the ICAAP document to be in a format that can be easily understood at a high level and to contain all the relevant information that is necessary for the bank and BSP to make an informed judgment and decision as to the
appropriate capital level and risk management approach. Where appropriate, technical information on risk measurement and capital methodologies, and all other works carried out to validate the approach (e.g. board papers and minutes, internal or external reviews) could be contained in appendices. 1. EXECUTIVE SUMMARY The purpose of the Executive Summary is to present an overview of the ICAAP methodology and results. This overview would typically include: i. The purpose of the report and which group entities are covered by the ICAAP; ii. The main findings of the ICAAP analysis: How much and what composition of internal capital the bank considers it should hold as compared with the capital adequacy requirement under the existing BSP Risk-Based Capital Adequacy Framework (the Framework), and The adequacy of the banks risk management processes given the risks assumed; iii. A summary of the financial position of the business, including the strategic position of the bank, its balance sheet strength, and future profitability; iv. Brief descriptions of the capital and dividend plan; how the bank intends to manage capital going forward and for what purposes; v. Commentary on the most material risks, why the level of risk is acceptable or, if it is not, what mitigating actions are planned;
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vi. Commentary on major issues where further analysis and decisions are required; and vii. Who has carried out the assessment, how it has been challenged, and who has approved it. 2. BACKGROUND This section would cover the relevant organizational structure and business lines, and historical financial data for the bank (e.g., group structure (legal and operational), operating profit, profit before tax, profit after tax, dividends, equity, capital resources held and as compared with regulatory requirements, total loans, total deposits, total assets, etc., and any conclusions that can be drawn from trends in the data which may have implications for the banks future). 3. CAPITAL ADEQUACY This section could start with a description of the risk appetite used in the ICAAP. It is vital for the BSP to understand whether the bank is presenting its view regarding: (1) the amount of capital required to meet minimum regulatory needs, or (2) the amount of capital that a bank believes it needs to meet its business objectives (e.g., whether the capital required is based on a particular desired credit rating, or includes buffers for strategic purposes, or minimizes the chances of breaching regulatory requirements). A description of the methodology used to assess the banks capital adequacy should also be included. The section would then include a detailed review of the capital adequacy of the bank. The information provided would include: Timing i. The effective date of the ICAAP calculations together with consideration of any events between this date and the date of submission which would materially
impact the ICAAP calculation together with their effects; and ii. Details of, and rationale for, the time period over which capital has been assessed. Risks analyzed i. An identification of the major risks faced in each of the following categories: credit risk; market risk; interest rate risk in the banking book; liquidity risk; operational risk; compliance risk; strategic/business risk; and reputation risk; ii. And for each, an explanation of how the risk has been assessed and, where appropriate, the quantitative results of that assessment; iii. Where relevant, a comparison of that assessment with the results of the assessment under the Framework (specifically for credit risk, market risk, and operational risk); iv. A clear articulation of the banks risk appetite by risk category if this varies from the assessment; and v. Where relevant, an explanation of any other methods apart from capital used to mitigate the risks. The discussion here would make clear which additional risks the bank considers material to its operation and, thus, would warrant additional capital on top of that required for credit risk, market risk, and operational risk under the Framework. Methodology and assumptions A description of how assessments for each of the major risks have been approached and the main assumptions made. At a minimum, the BSP expects banks to base their ICAAP on the results of the capital adequacy requirement under the
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Framework and additional risks, where applicable, should be assessed separately. Capital transferability Details of any restrictions that may curtail the managements ability to transfer capital into or out of the business(es) covered, for example, contractual, commercial, regulatory or statutory restrictions that apply. 4. CURRENT AND PROJECTED FINANCIAL AND CAPITAL POSITIONS This section would explain the current and expected changes to the business profile of the bank, the environment in which it expects to operate, its projected business plans (by appropriate lines of business), and projected financial position for, say three to five years. The starting balance sheet and date as of which the assessment is carried out would be set out. The projected financial position might consider both the projected capital available and projected capital resource requirements to support strategic/business initiatives. These might then provide a baseline against which adverse scenarios (please see Capital Planning below) might be compared. Given these business plans, this section would also discuss the banks assessment on whether additional capital is necessary on top of that assessed to cover their existing risk exposures, as well as future planned sources of capital. 5. CAPITAL PLANNING This section would explain how a bank would be affected by an economic recession or downswings in the business or market relevant to its activities. The BSP is interested in how a bank would manage its business and capital so as to survive a recession/ market disruption while meeting minimum regulatory standards. The analysis would include financial projections forward for,
say, three to five years based on business plans and solvency calculations. Likewise, a bank should disclose here the key assumptions and other factors that would have significant impact on its financial condition, in conducting scenario analyses/ stress testing. Typical scenarios would include how an economic downturn/market disruption would affect: i. the banks capital resources and future earnings; and ii. the banks capital adequacy requirement under the Framework taking into account future changes in its projected balance sheet. It would also be helpful if these projections showed separately the effects of management potential actions to change the banks business strategy and the implementation of contingency plans. In addition, banks are encouraged to include an assessment of any other capital planning actions that would be necessary to enable it to continue to meet its regulatory capital requirements throughout a recession/market disruption such as new capital injections from related companies or new share issues. Given the projected capital needs arising from an economic recession or business/market downswings, this section would also discuss the banks assessment on whether additional capital is necessary on top of that assessed to cover their existing risk exposures and business plans. 6. CHALLENGE AND ADOPTION OF THE ICAAP This section would describe the extent of challenge and testing of the ICAAP. Banks should describe the review and signoff procedures used by senior management and the board. It might also be helpful if a copy of any relevant report to senior management or the board and their response were attached.
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Details of the reliance placed on any external suppliers would also be detailed here, e.g. for generating economic scenarios. In addition, a copy of any report obtained from an external reviewer or internal audit would also be included. 7. USE OF THE ICAAP WITHIN THE BANK This section would describe the extent to which capital management is embedded within the bank including the extent and use of scenario analysis and/or stress testing within the banks capital management policy, e.g. in business decisions (e.g. expansion plans) and budgets, or in
allocating capital to business units, or in individual credit decision process. Banks should include a statement of the actual operating philosophy on capital management and how this links to the ICAAP. For instance differences in risk appetite used in the ICAAP as compared to that used for business decisions might be discussed. Lastly, it would be helpful if details on any anticipated future refinements within the banks ICAAP (highlighting those aspects which are work-in-progress), as well as any other information that would help the BSP review the banks ICAAP could be provided.
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Annex B
ALTERNATIVE INTERNAL CAPITAL ADEQUACY ASSESSMENT PROCESS METHODOLOGIES
This appendix outlines ICAAP methodologies which banks may adopt in lieu of that based on the minimum regulatory capital requirement under the BSP Risk-Based Capital Adequacy Framework (the Framework). However, the choice of methodology should clearly be commensurate with banks ability to collect the necessary information and to calculate the necessary inputs in a reliable manner. Structured approach - In this case, banks will need to set the internal capital requirement at a starting point of zero capital and then build on capital due to all risks (both those captured under the Framework and those that are not) and external factors. This methodology could be seen as a simple model for calculating economic capital and is not based on the minimum regulatory capital requirement. A sensitivity analysis could form the starting point. The sensitivity analysis should be based on an exceptional but plausible scenario. Risks which are not included in the sensitivity analysis should also be considered in terms of the structured approach.
Allocation-of-risk-taking approach In this approach, banks might start with its actual capital and break it down to all its material risks. This step in the process requires quantification or at least an estimation method for various risks. The amount of capital provided for each risk category is determined by the current and envisaged amount of risk in each category, a risk buffer and their risk appetite. Banks will decide which type of risk quantification/ estimation method is suitable and sufficient for its particular use. If the allocated capital seems insufficient, either the risk has to be reduced or capital has to be raised. The allocated amounts of the capital will therefore work as a limit system, which assists and facilitates banks in balancing their risk-taking capacity and their risks. Formal economic capital models These are expected to be used eventually by banks that use advanced approaches in determining the minimum regulatory capital requirement, or those that have substantial derivatives and structured products transactions (i.e., those that have expanded dealer and/or user capabilities).
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GUIDELINES ON THE BANGKO SENTRALS SUPERVISORY REVIEW PROCESS

(Appendix to Sec. X117) A. Introduction 1. The BSPs supervisory review process (SRP) in the context of this document involves (1) an evaluation of banks internal capital adequacy assessment processes (ICAAP) and their output, (2) a dialogue with banks with regard to their ICAAP, and (3) the prudential measures that may be taken to address issues identified. These guidelines should be observed mainly by the appropriate Central Point of Contact Department (CPCD) within the BSP and, where appropriate for on-site validation during regulation examination, by the examination personnel. This therefore supplements the existing guidelines set out in the Manual of Examinations, the CAMELS Rating, and the Risk Assessment System (RAS). The CPCD may draft, for its own use, detailed guidelines on the conduct of the assessment of banks ICAAP and of the BSPbank dialogue. 2. Although these guidelines are directed mainly at BSP supervision and examination personnel, banks will have a clear interest in knowing the approach the BSP intends to take in assessing their capital adequacy. B. Guiding principles in assessing banks ICAAP 1. As a first step, the BSP should evaluate banks compliance with the minimum regulatory capital requirements as prescribed under the Framework. This would involve the verification of banks calculation of their risk weighted assets (RWA) and capital adequacy ratio (CAR). The minimum regulatory capital requirements should always be the starting point in the assessment of banks capital adequacy. The validated CAR should then be compared with the required capital resulting from the ICAAP. 2. Next, the assessment of banks ICAAP should include an evaluation of their assumptions, components, methodologies, coverage and outcome. This review should cover both banks risk management processes and their assessment of adequate capital. The BSP should review how banks assess the other risks they are exposed to, especially Elements 2 to 4 listed in Item "C.4" hereof, the controls they have in place to mitigate these risks, as well as the adequacy and composition of capital held against those risks. 3. The BSP should then identify existing or potential problems and key risks faced by banks, the deficiencies in their control and risk management frameworks, and the degree of reliance that can be placed on the outputs of their ICAAP. This process will enable the BSP to tailor its approach for each individual bank and will provide the foundation for the BSPs general approach for each bank and its actions. 4. The BSPs evaluation of the adequacy of banks capital in relation to their risk profile would serve as the basis for assigning a rating for the Capital component of the banks CAMELS rating. It would also serve as the basis for identifying any prudential measures or other supervisory actions required. For example, where there is an imbalance between business and risk controls, the BSP should consider the range of remedial supervisory actions that may be needed to rectify a deficiency in controls and/or perceived shortfalls in capital, either as a long-term requirement(s) or as a shortterm action(s). 5. The results of the SRP will be communicated to the board and senior
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management of banks together with any action that is required of them and any significant action planned by the BSP. This may be done as part of the dialogue between the BSP and each bank on the ICAAP. 6. In evaluating the ICAAP of branches of foreign banks in the Philippines, the BSP will refer to the home supervisors consolidated assessment of the ICAAP of the head office/parent bank. The BSP will also take into account the strength and availability of parental support. C. Guiding principles on BSP-bank dialogue 1. A key element of the SRP is the dialogue between the BSP and each bank. The dialogue will inform the BSP about the way each banks ICAAP is structured, and the assumptions and methodologies which are used to assess its risk exposures. 2. The ICAAP document, which banks are required to submit to the BSP every January of each year (suggested format is in Annex A of Appendix 90), will be the basis for the BSP-bank (specifically, BSP-CPCD) dialogue. This dialogue may feed into the regular examination, and the findings of the regular examination may in turn feed into the dialogue. The BSP will determine the nature and depth of the dialogue, based on the type and complexity of the bank. 3. Banks should be able to justify their processes for identifying and measuring their risks as well as how much capital, if any, they allocate against them, taking into account other qualitative mitigants of risk. Banks should be able to explain any differences between their own assessment of capital needs and targets under the ICAAP and the minimum regulatory capital requirements prescribed under the Framework. 4. The dialogue should embrace the following four main elements:
a. Element 1: Risks covered under the Framework (i.e., credit risk, market risk, and operational risk); b. Element 2: Risks not fully covered under the Framework (for example, credit concentration risk, risk posed by nonperforming assets, risk posed by contingent exposures, etc.); c. Element 3: Risks not covered under the Framework (other risks identified under Circular No. 510 dated 3 February 2006); and d. Element 4: External factors, which include risks which may arise from the regulatory, economic or business environment. 5. Aside from these four main elements, the dialogue should also cover the quality of internal governance of banks, including risk controls, compliance and internal audit, as well as operational and organizational structure. 6. For the SRP to be effective, the BSP will need to develop a sufficiently thorough understanding of how the ICAAP is determined and the differences between it and the minimum regulatory capital requirement under the Framework. This would help in evaluating the ICAAP outcome. The SRP emphasizes the importance of analyzing the main elements, and understanding the differences between ICAAP assumptions and minimum regulatory capital requirement assumptions. 7. Once the process has begun, the dialogue will provide the opportunity for iteration between the ICAAP and SRP, with each informing the other, i.e., banks may make changes to the ICAAP in the course of the dialogue, in response to challenge and feedback from the BSP, and vice versa. Following the dialogue, the BSP will reach an assessment. D. Guidelines on prudential measures 1. If the BSP considers that a banks ICAAP does not adequately reflect its overall
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risk profile, or does not result in the bank having adequate capital, then consideration should be given to applying prudential measures. 2. The measures available to the BSP include: a. Requiring the bank to improve its internal control and risk management frameworks; b. Requiring the bank to reduce the risk inherent in its activities, products and systems; c. Restricting or limiting the business, operations or network of the bank; d. Limiting or prohibiting the distribution of net profits and requiring that part or all of the net profits be used to increase the capital accounts of the bank; and e. Requiring the bank to increase its capital. 3. The choice of prudential measures should be determined according to the severity and underlying causes of the situation and the range of measures and sanctions available to the BSP. Measures can be used individually or in combination. The requirement to increase capital should, however, be imposed on any bank which exhibits an imbalance between its business risks and its internal control and risk frameworks, if that imbalance cannot be remedied by other prudential measures or
supervisory actions within an appropriate timeframe. 4. The requirement to increase capital may also be set where the BSP judges the existing capital held by a bank to be inherently inadequate for its overall risk profile. It must be acknowledged that there is no scientific method for determining the amount, and that capital is not a long-run substitute for remedying deficiencies in systems and controls. In practice, the process relies heavily on subjective judgment and peer-group consistency to ensure a level playing field and a defense to possible challenge that may be posed by banks. 5. Prudential measures should be communicated promptly and in sufficient detail. In communicating its decision on prudential measures, the BSP should: a. Explain in sufficient detail the factors which have led to the risk assessment conclusions; b. Indicate areas of weakness and the timeframe for remedial action; c. Explain the reasons for any additional capital requirement; and d. Indicate what improvements could be made to systems and controls to make them adequate for the risks and activities of the bank, and for this improvement to be reflected in the banks capital requirements.
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SUPPLEMENTAL GUIDELINES ON THE INTERNAL CAPITAL ADEQUACY ASSESSMENT PROCESS (ICAAP) AND SUPERVISORY REVIEW PROCESS (SRP) FOR FOREIGN BANK BRANCHES
(Appendix to Sec. X117) In implementing the provisions of Appendices 90a and 90b, the BSP shall consider the following guidelines with respect to the ICAAP and the related SRP for foreign bank branches: 1. The guiding principles for banks ICAAPs and SRP in Appendix 90a and 90b respectively shall apply to foreign bank branches on a proportionate basis. In this regard, the BSP expects that there will be variation in foreign banks branches ICAAPs in accordance with the nature, size and complexity of their business in the Philippines; 2. The BSP will primarily be interested in finding out how a foreign bank branch assesses its capital in relation to its business plans and operations in the Philippines; 3. The ICAAP of a foreign bank branch should cover risks arising from the occurrence of domestically-oriented scenarios. It should also take into account the specific circumstances of the branch, i.e., regulatory commitments in relation to special licenses or authorities, etc.; 4. The BSP acknowledges that a foreign bank branch is likely to make use of the methodology of the head office/parent bank for its own ICAAAP or portion thereof. However the branch should be able to explain that such process and methodology are appropriate to its business in the Philippines; 5. A branch must include in its ICAAP how capital is being allocated to the branch and the factors that influence this allocation. It should also be able to illustrate how this capital is managed, and how capital can be made available to the branch in a timely manner when it has been determined that there is a need to do so. 6. In line with Appendix 90b Item B.6 the BSP will refer to the ICAAP developed at the level of the head office/ parent bank, and the home supervisors assessment thereof. The BSP will look at the extent that the head office/parent bank ICAAP covers the risks of its branch in the Philippines, including the possible impact of scenarios that primarily affect the operations of the head office/parent bank on the operations and capital adequacy of the branch. 7. The ICAAP document of foreign bank branches should be submitted to the Central Point of Contact Department (CPCD) of the BSP on or before 28 February of each year. Banks may refer to Annex A of Appendix 90a for the suggested format of the document. While a common outline facilitates the BSPs evaluation, banks are not precluded from modifying the format and content of the ICAAP document if certain sections or suggested content do not apply to the operations of the branch, or, if presenting the information in another way would best reflect the internal capital assessment process of the branch; and 8. A trial ICAAP document shall be submitted to the CPCD of the BSP on or before 30 September 2011.
(Circular 731 dated 28 July 2011)
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EFFECTIVE INTEREST CALCULATION MODELS (Appendix to Subsec. X305.5) Illustration 1 EFFECTIVE INTEREST CALCULATION MODEL FIXED EQUAL AMORTIZATION CASE A B C Loan Amount 120,000 Monthly Installment 11,001.60 Contractual Rate (Monthly) 1.50% Other Charges 3.00% No. of Monthly Installment 12 Installment Period 0 1 2 3 4 5 6 7 8 9 10 11 12 TOTAL Gross Loan Principal 120,000.00 D E F G
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23
Interest
Other Charges
Cash flows
3,600.00 116,400.00 9,201.60 1,800.00 (11,001.60) 9,339.62 1,661.98 (11,001.60) 9,479.72 1,521.88 (11,001.60) 9,621.91 1,379.69 (11,001.60) 9,766.24 1,235.36 (11,001.60) 9,912.74 1,088.86 (11,001.60) 10,061.43 940.17 (11,001.60) 10,212.35 789.25 (11,001.60) 10,365.53 636.07 (11,001.60) 10,521.02 480.58 (11,001.60) 10,678.83 322.77 (11,001.60) 10,839.01 162.59 (11,001.60) 120,000.00 12,019.19 3,600.00 PMT (C3, C5, -C1)*-1 (1+IRR (F10:F22)) 12-1 = =
O/S Balance 120,000.00 120,000.00 110,798.40 101,458.78 91,979.06 82,357.15 72,590.91 62,687.17 52,616.74 42,404.39 32,038.86 21,517.85 10,839.01
Monthly Installment = (Using excel PMT Function Effective Annual Interest = Rate (EIR) (using Excel IRR Function) Effective Monthly Interest = Rate (MIR) (using Excel IRR Function)
11,001.60 26.71%
IRR (F10:F22)
1.99%
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Illustration 2
EFFECTIVE INTEREST CALCULATION MODEL FIXED PRINCIPAL AMORTIZATION CASE A B Loan Amount Monthly Installment Contractual Rate (Monthly) Other Charges No. of Monthly Installment C 120,000 11,001.60 1.50% 3.00% 12 D E F G
1 2 3 4 5 6 7 Installment Gross 8 Period Loan 9 120,000.00 10 0 11 1 12 2 13 3 14 4 15 5 16 6 17 7 18 8 19 9 20 10 21 11 22 12 23 TOTAL
Principal
Other Interest
Charges 3,600.00
Cash flows 116,400.00 (11,800.00) (11,650.00) (11,500.00) (11,350.00) (11,200.00) (11,050.00) (10,900.00) (10,750.00) (10,600.00) (10,450.00) (10,300.00) (10,150.00)
10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 120,000.00
1,800.00 1,650.00 1,500.00 1,350.00 1,200.00 1,050.00 900.00 750.00 600.00 450.00 300.00 150.00 11,700.00
O/S Balance 120,000.00 120,000.00 110,000.00 100,000.00 90,000.00 80,000.00 70,000.00 60,000.00 50,000.00 40,000.00 30,000.00 20,000.00 10,000.00
3,600.00
Effective Annual Interest Rate (EIR) = (using Excel IRR Function) Effective Monthly Interest Rate (MIR) = (using Excel IRR Function)
(1+IRR (F10:F22)) 12-1 IRR (F10:F22)
= =
26.91% 2.01%
App. 91 11.12.31
Illustration 3
EFFECTIVE INTEREST CALCULATION MODEL FIXED EQUAL AMORTIZATION CASE WITH GRACE PERIOD A B 1 Loan Amount 2 Monthly Installment 3 Contractual Rate (Monthly) 4 Other Charges 5 No. of Monthly Installment 6 7 Installment Gross 8 Period Loan 9 120,000.00 10 0 11 1 12 2 13 3 14 4 15 5 16 6 17 7 18 8 19 9 20 10 21 11 22 12 23 13 24 14 TOTAL C 120,000 11,001.60 1.50% 3.00% 12 D E F G
Principal
Interest
Other Charges 3,600.00
Cash flows 116,400.00 (11,001.60) (11,001.60) (11,001.60) (11,001.60) (11,001.60) (11,001.60) (11,001.60) (11,001.60) (11,001.60) (11,001.60) (11,001.60) (11,001.60)
9,201.60 9,339.62 9,479.72 9,621.91 9,766.24 9,912.74 10,061.43 10,212.35 10,365.53 10,521.02 10,678.83 10,839.01 98,482.15 = = =
1,800.00 1,661.98 1,521.88 1,379.69 1,235.36 1,088.86 940.17 789.25 636.07 480.58 322.77 162.59 11,533.84
O/S Balance 120,000.00 120,000.00 120,000.00 120,000.00 110,798.40 101,458.78 91,979.06 82,357.15 72,590.91 62,687.17 52,616.74 42,404.39 32,038.86 21,517.85 10,839.01 (0.00)
3,600.00 = = = 11,001.60 19.68% 1.51%
Monthly Installment (Using excel PMT Function Effective Annual Interest Rate (EIR) (using Excel IRR Function) Effective Monthly Interest Rate (MIR) (using Excel IRR Function)
PMT (C3, C5, -C1)*-1 (1+IRR (F10:F22)) 12-1 IRR (F10:F24)
App. 91 11.12.31
Illustration 4
EFFECTIVE INTEREST CALCULATION MODEL FIXED PERIODIC INTEREST PAYMENT, BALLOON PAYMENT AT MATURITY A B C Loan Amount 120,000 Monthly Installment 11,001.60 Contractual Rate (Monthly) 1.50% Other Charges 3.00% No. of Monthly Installment 12 D E F G
1 2 3 4 5 6 7 Installment Gross 8 Period Loan Principal 9 120,000.00 10 0 11 1 12 2 13 3 14 4 15 5 16 6 17 7 18 8 19 9 20 10 21 11 22 12 120,000.00 23 TOTAL 120,000.00 Effective Annual Interest Rate (EIR) (using Excel IRR Function) Effective Monthly Interest Rate (MIR) (using Excel IRR Function)
Interest
Charges 3,600.00
Other Cash flows 116,400.00 (1,800.00) (1,800.00) (1,800.00) (1,800.00) (1,800.00) (1,800.00) (1,800.00) (1,800.00) (1,800.00) (1,800.00) (1,800.00) (121,800.00)
1,800.00 1,650.00 1,500.00 1,350.00 1,200.00 1,050.00 900.00 750.00 600.00 450.00 300.00 150.00 21,600.00
O/S Balance 120,000.00 120,000.00 120,000.00 120,000.00 120,000.00 120,000.00 120,000.00 120,000.00 120,000.00 120,000.00 120,000.00 120,000.00 120,000.00
3,600.00 = = 23.58% 1.78%
= =
(1+IRR (F10:F22)) 12-1 IRR (F10:F22)
App. 91 11.12.31
Illustration 5
EFFECTIVE INTEREST CALCULATION MODEL FIXED EQUAL AMORTIZATION (WEEKLY INSTALLMENTS QUOTED IN MONTHLY EFFECTIVE RATE) A B C 1 Loan Amount 10,000.00 2 Weekly Installment 788.00 3 Contractual Rate (Monthly) 1.50% 4 Weekly Compounding Rate 0.35% 5 Other Charges 3.00% 6 Term (Weeks) 13 7 Period/Year 52 8 Installment Gross 9 Period Loan Principal 10 10,000.00 11 0 12 1 753.38 13 2 755.99 14 3 758.61 15 4 761.23 16 5 763.87 17 6 766.51 18 7 769.17 19 8 771.83 20 9 774.50 21 10 777.18 22 11 779.87 23 12 782.57 24 13 785.28 25 TOTAL 10,000.00 Weekly = (Using excel PMT Function Effective Annual Interest Rate (EIR) = (using Excel IRR Function) Effective Monthly Interest Rate (MIR) = (using Excel IRR Function) D E F G
Interest
Other Charges 300.00
Cash flows 9,700.00 (788.00) (788.00) (788.00) (788.00) (788.00) (788.00) (788.00) (788.00) (788.00) (788.00) (788.00) (788.00)
34.62 32.01 29.39 26.76 24.13 21.49 18.83 16.17 13.50 10.82 8.13 5.43 2.72 243.98
O/S Balance 10,000.00 10,000.00 9,246.62 8,490.63 7,732.02 6,970.78 6,206.91 5,440.40 4,571.24 3,899.41 3,124.91 2,347.72 1,567.85 785.28 (0.00)
300.00
PMT (Contractual Rate, Term, -Loan Amount)*-1 (1+IRR (F10:F24)) 52-1 (1+IRR (F10:F24) 13/3-1 = = 50.46% 3.46%
(Circular No. 730 dated 20 July 2011, as amended by M-2011-040 dated 28 July 2011)
APP. 92
APP. 1 10.12.31
Minimum Documentary Requirements* for the Sale of Foreign Exchange (FX) for Non-Trade Purposes by Authorized Agent Banks (AABs)/AAB-Forex Corps A. Sale of FX for Non-trade Current Account Purposes under Section 2 of the Manual of
Regulations on FX Transactions (FX Manual) Purposes 1. Foreign travel funds 2. Educational expenses/student maintenace abroad 3. Correspondence studies 4. Medical Expenses Documents Required (All originals except as indicated) Applicant's passport and passenger ticket Photocopy of proof of enrolment with, or billing statement from, school abroad Photocopy of proof of enrolment with, or billing statement from, school abroad Photocopy of billing statement (for services rendered/expenses incurred abroad) or certification issued by doctor/hospital abroad indicating cost estimate (for the treatment/service to be administered/ rendered) a. Photocopies of: i. Emigrant's visa or proof of residence abroad ii. Notarized Deed of Sale of assets in the Philippines (e.g. real estate, vehicles,machineries/equipment, etc.) and; iii. Proof of income received from properties in the Philippines. b. In the absence of the emigrant, a notarized Special Power of Attorney (SPA) for emigrant's representative/ agent. If SPA was executed abroad, original of SPA authenticated by Philippine consulate abroad. a. Employment contract/Certification of employer showing amount of compensation paid to the foreign national during the validity of the contract, stating whether the same had been paid in FX or in pesos, and if in FX, proof that the FX was previously previously sold for pesos to AABs;
5. Emigrants' assets (including inheritance, legacies, and income from properties)
6. Salary/bonus/dividend/other benefits of foreign nationals (including peso
Manual of Regulations for Banks - Appendix to Part V
Appendix 1 - Page 1
APP. 1 10.12.31
APP. 92
Purposes
Documents Required (All originals except as indicated) b. ACR I-Card and DOLE Alien Employment Permit of the foreign national; c. Applicant's notarized certification that the FX remitted is net of local expenses incurred and/or net of previous transfers abroad; and d. If amount to be remitted comes from sources other than salaries/ compensation, information regarding the sources supported by appropriate documents should be submitted. a. ACR-I Card and DOLE Alien Employment Permit; and b. Photocopy of income tax return covering the income tax payment sought to be remitted. a. ACR I-Card; and b. Photocopy of proof of sale of asset/s indicating currency of payment a. Statement of remittable share rental or rental; and b. Photocopy of contract/agreement a. Billing statement from non-resident agent; and b. Photocopy of contract/agreement a. Billing statement; and b. Photocopy of contract/agreement a. Billing statement from non-resident lessor/owner of vessel/aircraft; and b. Photocopy of contract/agreement a. Billing statement; and b. Photocopy of contract/agreement
7. Foreign nationals' income taxes due to foreign governments
8. Sales proceeds of foreign nationals' domestic assets 9. Producers' share in movie revenue/TV film rentals 10. Exports commissions due to foreign agents 11. Freight charges on exports/imports 12. Charters and leases of vessels/aircrafts
13. Port disbursements abroad for aircraft and vessels of Philippine registry or chartered by domestic operators and salvage fees 14. Satellite and other telecommunication services
a. Billing Statement; and b. Photocopy of contract/agreement
Appendix 1- Page 2
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Purposes 15. Other services such as advertising, consultancy, IT, fees for other professional services 16. Share in head office expenses (including reimbursements)
Documents Required (All originals except as indicated) a. Billing statement; and b. Photocopy of contract/agreement. a. BSRD for the assigned capital in the branch; b. Audited schedules of allocation of expenses for the periods covered; c. Certification from the head office that the share in head office expenses remain unpaid and outstanding; and d. Audited financial statements of the Philippine branch. Billings/Invoices of insurance companies/ brokers abroad. Billings/Invoices from foreign insurer/ reinsurer. a. Statement of Net Peso Revenues (Peso revenues less expenses) certified by authorized officer of airline/shipping company; and b. Photocopy of contract/agreement. a. Statement/Computation of the royalty/ copyright/franchise/patent/licensing fee; and b. Photocopy of contract/agreement. Statement of net peso revenues (Peso revenues less expenses) certified by the Embassy's/Consulate's authorized officer. Summary billings
17. Insurance/Reinsurance premium due to foreign insurance companies 18. Claims against domestic insurance companies by brokers abroad 19. Net Peso revenues of foreign airlines/ shipping companies
20. Royalty/Copyright/Franchise/Patent/ Licensing fees
21. Net peso revenues of embassies/ consulates of foreign countries 22. FX obligations of Philippine credit card companies to international credit card companies/non-resident merchants
Appendix 1 - Page 3
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APP. 92
B. Sale of FX for Servicing Foreign/Foreign Currency Loans Including Prepayments by Private Sector Covered by Sections 22 to 31 of the FX Manual Purposes Loan Payments 1. Medium/Long-term foreign/foreign currency loans (with original maturities of over 1 year) a. Regular amortization/payment 1.a. BSP registration letter and accompanying Schedule RA-2 (Part I: Schedule of Payments on BSP Registered Foreign/FCDULoans and Part II Details of FX/Hedging Transactions for BSP-Registered Foreign/FCDU Loan; and 1.b. Copy of billing statement from creditor Amounts that may be purchased shall be limited to maturing amounts on scheduled due dates indicated in the registration letter. Purchase and remittance of FX shall coincide with the due dates of the obligations to be serviced, unless otherwise explicitly allowed by the BSP or: 2.a BSP letter-authority for the borrower to purchase FX to service specific loan account/s and where applicable, the "Schedule of Foreign Exchange Purchases from the Banking System"; and 2.b. Copy of billing statement from creditor Documents Required (All originals except as indicated)
All original documents shall be stamped "FX-SOLD" indicating the date and amount of FX sold, and signed by the seller's authorized signatory.
Appendix 1- Page 4
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APP. 1 10.12.31
Amounts that may be purchased shall be limited to the unutilized balance of the letter authority. Remittance of FX purchased shall coincide with the due dates of the obligations to be serviced, unless otherwise explicitly allowed by the BSP. b. Prepayments of foreign/foreign currency loans of the private Sector that are not publicly-guaranteed 1.a BSP registration letter and accompanying Schedule RA-2 (Part I Schedule of Payments on BSPRegistered Foreign/FCDU Loans and Part II -Details of FX/Hedging Transactions for BSP - Registered Foreign/FCDU Loans ;and 1.b Original of the BSP letter acknowledging receipt of the borrowers notice of prepayment 2. Short-term foreign/foreign currency loans (with original maturity of up to 1 year) a. Loans from offshore creditors (banks and non-banks) 1.a. BSP approval or registration letter showing loan terms and borrower's receiving copy of its report on shortterm loans as submitted to BSP's International Operations Department (IOD); and 1.b. Copy of billing statement from creditor Amounts that may be purchased shall be limited to: (a) amounts/rates indicated in the BSP approval or registration letter; or (b) the outstanding balance of the loan indicated in the report, whichever is lower. Purchase and remittance of FX shall coincide with the due dates of the obligations to be serviced, unless otherwise explicitly allowed by the BSP.
Appendix 1 - Page 5
APP. 1 10.12.31
APP. 92
b. Loans from FCDUs/OBUs
1.a. BSP approval or registration letter showing loan terms or certification from the lending bank on the amount outstanding; and 1.b. Copy of billing statement from creditor Amounts that may be purchased shall be limited to: (a) amounts/rates indicated in the BSP approval or registration letter; or (b) the outstanding balance of the loan indicated in the bank certification, whichever is lower. Purchases and remittance of FX shall coincide with the due dates of the obligations to be serviced, unless otherwise explicitly allowed by the BSP. or: 2.a. For loans not requiring BSP approval/ individual registration2, Promissory Note (PN) certified as true copy by the Head of the lending bank's Loans Department and certification from the lending bank: i. on the principal amount still outstanding; ii. that the loan is eligible for servicing with FX to be purchased from the AABs/AAB-forex corps in line with existing regulations; iii. That the loan was used to finance trade transactions (as well as preexport costs in the case of FCDU loans of exporters) of the borrower; and iv. On date when the loan account was reported to the appropriate BSP department/office under the prescribed forms. (This may be dispensed with for new loans which may not have been reported yet to BSP as of date of application to purchase FX.)
Appendix 1- Page 6
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2.b Copy of billing statement from creditor. Amounts that may be purchased shall be limited to amounts/rates indicated in the bank certification or PN, whichever is lower. Purchase and remittance of FX shall coincide with the due dates of the obligations to be serviced, unless otherwise explicitly allowed by the BSP. Payments related to Guarantees and Similar Arrangements (including Risk Take Over Arrangements) 1. For FX liabilities arising from guarantees and similar arrangements [(including Risk Take Over Arrangements (RTO)] a. BSP approval of the resulting foreign/ foreign currency obligation; b. Copies of: i. Agreement/contracts covered by the guarantee/similar arrangement; ii.Standby letter of Credit (SLC) or guarantee contract/agreement for the guarantee; c. Proof/notice of original obligor's default and creditor's call on the guarantee; and d. Billing statement from the nonresident or local bank guarantor a. BSP Registration Document b . Copy of the covering agreements/ contracts c. Billing statement from the private sector project company/proponent
2. Regular Fees related to Build-OperateTransfer (BOT) and similar financing schemes with transfer provisions
C. Sale of FX for Servicing of Foreign Investments, Investments by Residents and Related Transactions Covered by Sections 32 to 44 of the FX Manual Purposes Foreign Investments 1. Capital repatriation of: Documents Required (All originals except as indicated)2
All original documents shall be stamped "FX-SOLD" indicating the date and amount of FX sold, and signed by the seller's authorized signatory.
Appendix 1 - Page 7
APP. 1 10.12.31
APP. 92
a. Portfolio investments in: i. PSE-listed securities
BSRD or BSRD Letter-Advice from the registering custodian bank and photocopy of broker's sales invoice BSRD or BSRD Letter-Advice from the registering custodian bank and photocopy of confirmation of purchase for peso government securities BSRD and photocopy of matured contract for MMI BSRD or BSRD Letter Advice from the registering custodian bank and photocopy of Matured Certificate of Deposits for 90day time deposits a. BSRD; b. Photocopy of proof of sale or relevant documents showing the amount to be repatriated; in case of dissolution/ capital reduction, proof of distribution of funds/assets such as statement of net assets in liquidation; c. Photocopy of Clearance from appropriate department of the BSPSupervision and Examination Sector (for banks), or from the Insurance Commission (for insurance companies), from the Department of Energy or from the National Power Corporation (for oil/natural gas/ geothermal companies); d. Detailed computation of the amount applied for in the attached format (Annex N) prepared by the selling stockholder's representative; e. Photocopy of pertinent audited financial statements; and f. SEC clearance in case of dissolution
ii. Peso government securities
iii. Money market instruments (MMI) iv. 90-day time deposits
b. Foreign direct equity investments
Appendix 1- Page 8
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APP. 1 10.12.31
2.Remittance of Dividends/Profits/ Earnings/Interests
a. BSRD or BSRD Letter-Advice; b. Photocopy of PSE-cash dividends notice and Phil. Central Depository (PCD) printout of cash dividend payment or computation of interest earned issued by MMI issuer or bank; c. Photocopy of secretarys sworn statement on the Board Resolution covering the dividend declaration; d. Photocopy of latest audited financial statements or interim financial statements of the investee firm covering the dividend declaration period (for direct foreign equity investments); e. For direct foreign equity investments, photocopy of clearance pertaining to the investee firm from BSP-Supervision and Examination Sector (for non-PSE listed banks), Insurance Commission (for insurance companies), Department of Energy or from the National Power Corporation (for oil/natural gas/ geothermal companies); and f. Detailed computation of the amount applied for using the prescribed format (Annex N). a. Original certificate of inward remittance (fully unutilized) or certified true copy of inward remittance (partially unutilized) showing inward remittance of FX and its conversion to pesos; b. Swift message/letter request from non-resident investors for return of excess funds; c. Bank certificate on the investor's peso cash account attesting credit of the excess peso funds to the account and that the amount has been outstanding since the date of credit and is sufficient to cover the amount applied for conversion to FX for remittance. In case the balance of the peso account has fallen below the amount applied for conversion and
3. Outward remittance in equivalent FX of pesos (funded by FX inwardly remitted) in excess of investments made in the country but not to exceed the amount of brought in less amount used for investments
Appendix 1 - Page 9
APP. 1 10.12.31
APP. 92
outward remittance, the investor may only purchase up to the amount shown in the certificate. d. Statement from the custodian bank (for foreign portfolio investment) or from an authorized officer of the investee firm/selling investor (for foreign direct investment) on the investments made funded by a portion of the FX remittance. For refunds arising from the unapproved additional subscription of PSE-listed shares, rights offering, the following additional documents shall be required in addition to Items 1-3 above: a. PSE Circulars indicating declaration of stock rights/warrants offering and the pertinent procedures and implementing guidelines; b. Copy of the Subscription Agreement with validation of payment/Philippine Depositary and Trust Corp. (PDTC) ledger; and c. Schedule of entitlement of the stock rights indicating the subscribed shares, the approved and unapproved additional shares. For remittance of interest earned from the peso cash account, certification from the depositary/custodian bank on the amount of interest pertaining to the excess peso funds for outward remittance 4. Outward Investment a. Direct Equity Investments a. Photocopy of investment proposal/ agreement, or subscription agreement; b. Photocopy of Deed of Sale or Assignment of the investments;
Appendix 1- Page 10
APP. 92
APP. 1 10.12.31
c. A certification on the cumulative FX purchases from AABs and AAB-forex corps within the calendar year for outward investments, including investments in bonds/notes of the Republic of the Philippines and other Philippine entities; d. Affidavit of Undertaking to inwardly remit and sell for pesos through AABs thirty (30) banking days from receipt abroad the dividends earnings or divestment proceeds from outward investments funded by FX purchased from AABs and AAB-forex corps using the prescribed format under Annex K; e. Photocopy of BSP approval on FX purchases from AABs and AAB-forex corps for outward investments, including investments in bonds/notes of the Republic of the Philippines and other Philippine entities, exceeding USD60 million per investor per calendar year; and f. Photocopy of clearance, regardless of amount, from the appropriate department of the BSP-Supervision and Examination Sector (SES) for outward direct equity investments of banks and from the Insurance Commission (IC) for outward investments of insurance companies. b. Portfolio Investments a. Photocopy of subscription agreement, or bond/stock offering; b. Photocopy of swift payment order instruction from the counterparty/ broker/trader indicating the name of payee and type/kind of investment authenticated by the broker/trader; c. Photocopy of investors order to broker/trader to buy the securities; d. A certification on the cumulative FX purchases from AABs and AABforex corps within the calendar year for outward investments, including investments in bonds/notes of the Republic of the Philippines and other
APP. 1 10.12.31
APP. 92
Philippine entities; e. Affidavit of Undertaking to inwardly remit and sell for pesos through AABs within thirty (30) banking days from receipt abroad of the dividends/ earnings or divestment proceeds from outward investments funded by FX purchased from AABs and AAB-forex corps using the prescribed format under Annex K; f. Photocopy of BSP approval on FX purchases from AABs and AAB-forex corps for outward investments, including investments in bonds/notes of the Republic of the Philippines and other Philippine entities, exceeding USD30 million per investor per calendar year; and g. Photocopy of clearance, regardless of amount, from the Insurance Commission (IC) for outward investments of insurance companies. 5. Investments in FX-denominated bonds/ notes and Philippine Peso-denominated bonds/notes (to be settled in foreign currency)issued offshore by the Republic of the Philippines and Other Philippine Entities a. Photocopy of subscription agreement or bond offering; b. Photocopy of swift payment order instruction from the counterparty/ broker/trader indicating the name of payee and type/kind of investment authenticated by the broker/trader; c. Photocopy of investors order to broker/trader to buy the securities; d. A certification on the cumulative FX purchases from AABs and AABforex corps within the calendar year for investments in bonds/notes of the Republic of the Philippines and other Philippine entities, including for outward investments; e. Affidavit of Undertaking to inwardly remit and sell for pesos through AABs within thirty (30) banking days from receipt abroad the dividends/earnings or divestment proceeds from foreign currency-denominated bonds/notes of the Republic of the Philippines and
Appendix 1- Page 12
APP. 92
APP. 1 10.12.31
other Philippine entities funded by FX purchased from AABs and AABforex corps using the prescribed format under Annex K; f. Photocopy of BSP approval on FX purchases from AABs and AAB-forex corps for outward investments, including investments in bonds/notes of the Republic of the Philippines and other Philippine entities, exceeding USD60 million per investor per calendar year; and g. Photocopy of clearance, regardless of amount, from the Insurance Commission for investments by insurance companies
All FX purchases for non-trade transactions shall be directly remitted to the (a) intended non-resident beneficiarys account (whether offshore or onshore); or (b) resident creditor bank, whose FCDU loans are eligible to be serviced with FX purchased from the banking system.Exceptions to this rule include travel funds, medical expenses abroad not yet incurred, and sales proceeds of emigrants domestic assets if emigrant is still in the country.
(As amended by Circular No. 698 dated 05 November 2010)
APP. 92
APP. 2 09.12.31
LIST OF REGULATED IMPORT COMMODITIES AND ADMINISTERING AGENCIES/BUREAUS

Government Agencies/Issuing Permits/Clearance/Legal Basis Philippine Drug Enforcement Agency (PDEA) and Dangerous Drugs Board (DDB) Republic Act (RA) No. 9165 (The Comprehensive Dangerous Drugs Act of 2002) dated 07 June 2002 Environmental Management Bureau (EMB) R.A. No. 6969 (The Toxic Substances, Hazardous and Nuclear Wastes Control Act of 1990) dated 26 October 1990 Department of Health - Bureau of Food and Drugs (DOH - BFAD) Executive Order No. 776 dated 24 Febraury 1992 and Bureau Circular No. 03-A s.2000 R.A. No. 8976 (Philippine Food Fortification Act of 2000) dated 07 November 2000 R.A. No. 8172 (An Act for Salt Iodization Nationwide - ASIN) dated 20 December 1995 Energy Resource Development Bureau (ERDB) Section 104 of Presidential Decree No. 1464 (The Tariffs and Customs Code of 1978) dated 11 June 1978 National Bureau of Investigation (NBI) and Cash Department of the Bangko Sentral ng Pilipinas (BSP) Coal and lignite (excluding jet), whether or not pulverized, but not agglomerated / TH 2701, 2702 Color Reproduction Machines / TH 9009 Semi-synthetic antibiotics (all form and salts of ampicillin, amoxicillin, and cloxacillin) Wheat Flour / TH 1101 Iodized Salt / TH 2501 Cyanide, Mercury, Asbestos, Polychlorinated Biphenyl, Chlorofluorocarbon and other ozone depleting substances TH 2805.4, 2903, 2523, 2503 Essential Chemicals and Controlled Precursors; and Dangerous Drugs (Ketamine, Pseudoephedrine, Oripavine, and Amineptine) Commodity Description/Commodity Group/ Tariff Heading (TH)
Appendix 2 - Page 1
APP. 2 09.12.31
APP. 92
Government Agencies/Issuing Permits/Clearance/Legal Basis Explosives Mangement Branch (EMB), Philippine National Police (PNP) Executive Order (E.O.) No. 522 (prescribing Rules and Regulations for the Control and Supervision of the Importation, Sale and Possession of Chemical Used as Ingredients in the Manufacture of Explosives and for Other Purposes) dated 26 June 1992 Fertilizers and Pesticide Authority (FPA) Presidential Decree No. 1144 (Creating the Fertilizer and Pesticide Authority and Abolishing the Fertilizer Industry Authority) dated 30 May 1997 and FPA Pesticide Regulatory Policies and Implementing Guidelines, 2nd Edition, 2001 Bureau of Import Services (DTI - BIS) E.O. No. 156 (Providing for a Comprehensive Industry Policy and Directions for the Motor Vehicle Development Program and Its Imlementing Rules) dated 12 December 2002
Commodity Description/Commodity Group/ Tariff Heading (TH)
Chlorates, nitrates and nitric acid / TH 2829, 2834, 2808
All fertilizers, pesticides and other chemical products that are intended for agricultural use
Used motor vehicle under the no-dollar import program that is owned and for personal use by a returning resident or immigrant with a gross vehicle weight (GVW) not exceeding 3,000 kilograms (kgs) and must be left-hand drive Used trucks excluding pick-up trucks with GVW of 2.5 - 6 tons / TH 8709 Used buses with GVW of 6 - 12 tons / TH 8702 Brand new/Used automotive replacement parts and brand new motorcycle replacement parts [Note: All used motorcycle parts (except engine), including brand new motorcycle replacement chassis and frame, are not allowed for importation.] / TH 8702.9, 8703.9
Appendix 2 - Page 2
APP. 92
APP. 2 09.12.31
Government Agencies/Issuing Permits/Clearance/Legal Basis E.O. No. 156 and Department Administrative Order (DAO) No. 08 s. 2003
Commodity Description/Commodity Group/ Tariff Heading (TH) Used trucks for rebuilding purposes such as truck chassis, engine, body and cabin/cowl, transmission/drivelines, axles (front and rear) or steering system / TH 8701.1 Used tires Used motor vehicle importation through donation by local government units Importation by all instrumentalities of the government
LOI No. 1086 dated 25 November 1980 E.O. No. 443 s. 2005 dated 05 July 2005 LOI No. 1307 s. 2003 Department of Foreign Affairs (DFA) E.O. No. 156 dated 12 December 2002 and Philippine International Trading Corporation (PITC) LOI No. 444 (Promulgating Guidelines on Trade Socialist and Other Centrally-Planned Economy Countries) dated 09 August 1967, as amended by EO No. 244 dated 12 May 1995 Maritime Industry Authority (MARINA) Memorandum Circular (MC) No. 104 dated 06 April 1995 MC No. 121 dated 29 July 1997 R.A. No. 9295 (Domestic Shipping Development Act of 2004) dated 03 May 2004 MC No. 169 dated 13 December 2001
Used vehicles for the use an official of the Diplomatic Corps
All commodities originating from the following socialist and centrally-planned economy countries (Albania, Angola, Ethiopia, Laos, Libya, Mongolia, Mozambique, Myanmar, Nicaragua and North Korea)
Ships / TH 8901 High Speed Craft / TH 8901.9 Ships Equipment/Spare Parts
Spare Parts of Foreign Flagships undergoing emergency repair
Appendix 2 - Page 3
APP. 2 09.12.31
APP. 92
Government Agencies/Issuing Permits/Clearance/Legal Basis Philippine Nuclear Research Institute (PNRI) Republic Act No. 5207 (An Act Providing for the Licensing and Regulation of Atomic Energy Facilities and Materials, Establishing the Rules on Liability for Nuclear Damage, and for Other Purposes) dated 15 June 1968, as amended by Presidential Decree No. 1484 dated 11 June 1978 Bangko Sentral ng Pilipinas (BSP)
Commodity Description/Commodity Group/ Tariff Heading (TH)
Atomic energy materials / TH 2844
Legal tender Philippine currency in excess of PHP10,000 Bank Notes, Coin of precious metal other than gold and of non-precious metal not being legal tender, Coin blank essentially of gold, Coin blank essentially of steel, Coin blank essentially of copper, Coin blank essentially of nickel, Coin blank essentially of zinc, Coin blank essentially of tin, and Coin blank essentially of aluminum / TH 4907, 7118, 7108, 7326, 7419, 7508, 7907, 8007, 7616
Appendix 2 - Page 4
APP. 92
APP. 3 09.12.31
PROHIBITED COMMODITIES
The importation of the following commodities is not allowed under existing laws: (a) Those specifically listed under Section 101 of the Tariff and Customs Code (Appendix 3.1); (b) Used clothing and rags (R.A. 4653); (c) Toy firearms and explosives, which, even if dissimilar in other aspects, are replicas in appearance, measurements, color and parts as its genuine counterpart firearms and explosives (LOI 1264 dated July 31, 1982)
Appendix 3 - Page 1
APP. 92
APP. 3.1 09.12.31
TARIFF AND CUSTOMS CODE OF THE PHILIPPINES SECTION 101

Prohibited Importations The importation into the Philippines of the following articles are prohibited: (1) Dynamite, gunpowder, ammunitions and other explosives, firearms, and weapons of war, and parts thereof, except when authorized by law. (2) Written or printed articles in any form containing any matter advocating or inciting treason, or rebellion, insurrection, sedition, or subversion against the Government of the Philippines, or forcible resistance to any law of the Philippines, or containing any threat to take the life of , or inflict bodily harm upon any person in the Philippines. (3) Written or printed articles, negatives or cinematographic film, photographs, engravings, lithographs, objects, paintings, drawings, or other representation of an obscene or immoral character. (4) Articles, instruments, drugs and substances designed, intended or adapted for producing unlawful abortion, or any printed matter which advertises or describes or gives directly or indirectly information where, how or by whom unlawful abortion is produced. (5) Roulette wheels, gambling outfits, loaded dice, marked cards, machines, apparatus or mechanical devices used in gambling or the distribution of money, cigars, cigarettes, or other when such distribution is dependent on chance, including jackpot and pinball machines or similar contrivances, or parts thereof. (6) Lottery and Sweepstakes tickets except those authorized by the Philippine Government, advertisements thereof and list of drawings therein. (7) Any article manufactured in whole or in part of gold, silver or other precious metals or alloys thereof, the stamps, brands or marks or which do not indicate the actual fineness of quality of said metals or alloys. (8) Any adulterated or misbranded articles of food or any adulterated or misbranded drug in violation of the provisions of the Food and Drugs Act. (9) Marijuana, opium, poppies, coca leaves, heroin or any other narcotics or synthetic drugs which are or may hereafter be declared habit forming by the President of the Philippines, or any compound, manufactured salt, derivative, or preparation thereof, except when imported by the Government of the Philippines or any person duly authorized by the Dangerous Drugs Board, for medical purposes only. (10) Opium pipes and parts thereof, or whatever material. (11) All other articles and parts thereof, the importation of which is prohibited by law or rules and regulations issued by competent authority (as amended by Presidential Decree No. 34).
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APP. 4 09.12.31
GUIDELINES COVERING THE SALE OF FOREIGN EXCHANGE BY AUTHORIZED AGENT BANK AND AUTHORIZED AGENT BANK-FOREX CORPS FOR TRADE TRANSACTIONS
I. Importations under Letter of Credit (L/C), Documents against Payment (D/P) and Documents against Acceptance (D/A): a. All import L/Cs to be opened shall include under the L/C terms and conditions, among others, the clause: L/C number shall be indicated on all copies of shipping documents b. All original shipping documents [Bill of Lading (BL) or Airway Bill (AWB) and Invoice] shall be stamped by the issuing/ booking reporting AAB/OBU with the AABs/OBUs name and mode of importation (i.e. L/C, D/P, or D/A), whether foreign exchange has been sold or not. AABs/OBUs authorized officers shall accomplish a certification that original documents were presented and duly stamped. This certification shall be maintained by the stamping AAB/OBU together with the photocopied shipping documents and be made available for BSP verification. c. AABs/OBUs other than the issuing booking/reporting AAB/OBU, including AAB-forex corps, may sell foreign exchange to importer clients, provided that: 1. The sale is supported by the following documents: 1.1 Copy/photocopy of the original shipping documents duly stamped as in Item I.b above; 1.2 Certification from the issuing booking/reporting AAB/OBU signed by the AABs/OBUs authorized signatory (addressed to individual foreign exchange selling AABs or OBUs or AAB forex corps) indicating the following: i. Amount of the outstanding foreign exchange trade obligations; ii. Amount of FX intended to be purchased; and
iii. Bank Reference Number (BRN) for D/A. 2. The foreign exchange selling AAB/ OBU or AAB-forex corp shall immediately remit proceeds of foreign exchange sale directly to the issuing/booking/reporting AAB/OBU, indicating in the remittance instructions pertinent information such as the L/C No., BSP Registration No., BL No., Invoice No., etc. 3. The booking/issuing/reporting AAB/ OBU shall, upon receipt of foreign exchange, stamp FX SOLD on the original shipping documents at hand and indicate thereon the amount of foreign exchange and name of the foreign exchange selling AAB(s) or OBU(s) or AAB-forex corp(s). The stamped information shall be duly signed by the booking issuing/reporting AABs/ OBUs authorized signatory. II. Importations under Direct Remittance (DR) or Open Account (O/A) Arrangement a. For importations under O/A, the importer-client shall present to his reporting AAB/OBU original copies of the shipping documents, including one original BL or one of the original/carbon copies of AWBs, for stamping of banks name, BRN and O/A as mode of importation. The authorized officer of the AAB/OBU shall affix his signature on the duly stamped original shipping documents certifying that original documents have been presented and that no foreign exchange has been sold. For importations under DR, the importer-client shall directly present to the selling AAB or AAB-forex corp the same original shipping documents for stamping of FX SOLD upon purchase of foreign exchange. b. AABs or AAB-forex corps may sell foreign exchange for DR imports to
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importer-client subject to presentation by the importer-client of all original shipping documents cited in Item II.a above. The selling AAB or AAB-forex corp shall stamp FX SOLD on the original shipping documents upon sale of foreign exchange. c. AABs/OBUs or AAB-forex corps may sell foreign exchange for duly reported O/A imports to importer-client subject to the following conditions: 1. In case the selling/remitting AAB/ OBU is also the reporting AAB/OBU, the importer-client shall present the original shipping documents duly stamped as in Item II.a above. 2. In case the selling/remitting AAB/ OBU is not the reporting AAB/OBU: 2.1. The importer-client shall present the duly stamped original shipping documents as in Item II.a above; and 2.2. The selling/remitting AAB/OBU shall stamp FX SOLD signed by the selling/ remitting AABs/OBUs authorized signatory on the duly stamped original shipping documents and indicate thereon the amount of foreign exchange sold. 3. In case the selling AAB/OBU or AAB-forex corp is not the remitting AAB/ OBU: 3.1. The importer-client shall present the duly stamped original shipping documents as in Item II.a above; 3.2. The selling AAB/OBU or AAB-forex corp shall stamp FX SOLD signed by the selling AABs/OBUs or AAB-forex corps authorized signatory on the duly stamped
original shipping documents and indicate thereon the amount of foreign exchange sold; 3.3. The selling AAB/OBU or AAB-forex corp shall transmit the duly stamped FX SOLD original shipping documents indicating thereon the amount of foreign exchange sold to the importer-client and simultaneously transfer the foreign exchange proceeds to the remitting AAB/OBU for immediate remittance to foreign supplier; and 3.4. The remitting AAB/OBU shall report such payment under Schedule 11 of FX Form 1. d. In all cases, the selling AAB/OBU or AAB-forex corp shall not sell foreign exchange to an importer-client beyond the maturity of the O/A importation without being duly extended by the foreign supplier as evidenced by an extension letter from the foreign supplier submitted to the selling bank which should have been reported under Schedule 10 of FX Form 1. AABs/OBUs or AAB-forex corps may sell foreign exchange for servicing of O/A importations extended beyond 360 days from date of BL/AWB upon presentation by the importer-client of a BSP letter of approval. III. Photocopies of the original shipping documents (released to client) shall be marked ORIGINAL DOCUMENT PRESENTED AS REQUIRED and duly signed by the AABs/ OBUs authorized signatory. These should be retained in the AABs/OBUs file for BSP examination purposes.
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APP. 5 09.12.31
DOCUMENTARY REQUIREMENTS FOR OPENING AN L/C

(To be Submitted by the Importer to the AAB/OBU) 1. The duly accomplished L/C application; 2. Firm offer/proforma invoice which shall contain information on specific quantity of the importation, unit cost and total cost, complete description/specification of the commodity and Philippine Standard Commodity Classification statistical code; 3. Permits/clearances from appropriate government agencies, whenever applicable; and 4. Duly accomplished Import Entry Declaration (IED) Form which shall serve as basis for payment of advance duties as required under Presidential Decree No. 1853 (Requiring Deposits of Duties at the Time of Opening of L/Cs Covering Imports and for Other Purposes) dated 21 December 1982.
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APP. 6 09.12.31
GUIDELINES FOR REPORTING, PAYMENTS AND EXTENSIONS OF IMPORTATIONS UNDER D/A OR O/A ARRANGEMENTS
1. Reporting. Authorized Agent Banks (AABs) and offshore banking units (OBUs) shall report importations under D/A or O/A arrangements as availments under Schedule 10 (Import Letters of Credits (L/Cs) Opened and D/A-O/A Import Availments and Extensions) of FX Form 1 (Consolidated Report on Foreign Exchange Assets and Liabilities) upon receipt of the documents specified in 4.a herein and payments on said importations under Schedule 11 (Import Payments) of FX Form 1. Frequency and schedule of submission of said Schedules to BSP with the corresponding fines and penalties for late or erroneous submission shall be in accordance with Sections 101 and 103, respectively, of the Manual. Any extension of the maturity date thereof shall likewise be reported under said Schedule 10. Period of Reporting. Such reporting of availments shall be made not later than ten (10) calendar days before the maturity date of the said D/A-O/A importation. If reported later than said period (i.e., less than 10 calendar days before maturity), the importer shall be required to pay to the BSP the peso equivalent of 1/100 of 1 percent of the unpaid balance of the importation but not less than USD50.00 or more than USD1,000.00. 2. Payments. Payments using foreign exchange sourced from AABs, OBUs or AAB-forex corps shall be effected only for D/A-O/A imports reported by an AAB/OBU under said Schedule 10 of FX Form 1. Payments prior to maturity date may be allowed without BSP approval, provided these are for duly reported D/A-O/A imports. Payments for D/A-O/A importations reported later than the required period as provided in the preceding Item 1 shall not use foreign exchange purchased from AABs, OBUs or AAB-forex corps unless BSP official receipt is presented that the prescribed processing fee has been paid to the BSP. 3. Extensions. Payments after the original maturity date for duly reported DA/ OA imports may be allowed without prior BSP approval, regardless of frequency of extension, provided that the cumulative length of extensions does not exceed 360 days from BL/AWB date. 4. Mechanics of Reporting. a. Importers shall submit through an AAB/OBU copies of the pertinent commercial invoice, BL/AWB, and if applicable, import permit on the basis of which the AAB shall report to the BSP the same as DA/OA availment under said Schedule 10. b. The D/A-O/A import transactions shall be considered reported only if the same has been assigned a unique Bank Reference Number (BRN) by the reporting AAB/OBU and duly reported by the same AAB/OBU under said Schedule 10. c. AABs, OBUs or AAB forex corps shall not service the foreign exchange requirements upon maturity of any D/AO/A importation not duly reported under said Schedule 10 as prescribed herein. d. AABs, OBUs or AAB-forex corps selling foreign exchange for duly reported O/A imports shall stamp FX SOLD on the original shipping documents and indicate thereon the amount of foreign exchange sold and name of the foreign exchange selling institution. The stamped information shall be duly signed by the foreign exchange selling institutions authorized signatory. Thereafter, the importer shall present the stamped original shipping documents to the remitting AAB/OBU and the same shall be
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reported by the remitting AAB/OBU under Schedule 11 of FX Form 1. e. The existing documentary requirements for the purchase of foreign exchange from AABs, OBUs or AAB-forex
corps to pay D/A-O/A imports shall be strictly complied with. The guidelines for reporting of importations under D/A or O/A arrangements are detailed in Appendix 6.1.
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APP. 6.1 09.12.31
GUIDELINES FOR REPORTING OF IMPORTATIONS UNDER D/A-O/A ARRANGEMENTS
1. Authorized Agent Banks (AABs) and offshore banking units (OBUs), upon receipt of their importer-clients original shipping documents under documents against acceptance (D/A) and open account (O/A), shall report the same under the revised Schedule 10 (Import Letters of Credit (L/Cs) Opened and D/A-O/A Import Availments and Extensions) and upon payment thereof under Schedule 11 (Import Payments), both Schedules of FX Form 1 (Consolidated Report on Foreign Exchange Assets and Liabilities); 2. Within five (5) banking days after the end of the reference week, the hard copy of the following shall be submitted to the BSP-International Department (ID): a. Schedule 10 together with a copy of commercial invoice, for DA/OA imports exceeding USD50,000 or its equivalent, a copy of the commercial invoice, bill of lading (B/L) or airway bill (AWB) and/or other appropriate documents required under Appendix 4 of the Manual, for postaudit and validation purposes; and b. Schedule 11 if it involves D/A-O/A partial payments indicating such partial payments with an asterisk and as footnote the amount in original currency and USD equivalent thereof. 3. Each D/A-O/A importation shall be assigned by the reporting AAB/OBU its unique Bank Reference Number (BRN) incorporating thereon its bank code and such BRN reference number should also be used by the remitting AAB/OBU when reporting payment of the same importation;
4. If the currency of payment is not USD, the USD equivalent to be reported under said Schedule 10 shall be computed at the exchange rate quoted in the daily BSP Treasury Department Reference Exchange Rate Bulletin issued on report date; 5. Extensions of maturity date shall be reported under said Schedule 10; 6. In case of an O/A importation where the foreign exchange selling/remitting AAB/OBU is not the reporting AAB/OBU, the selling/remitting AAB/OBU shall, prior to foreign exchange sale, require the submission of the following: (1) required documents under Item II.a of Appendix 4; and (2) certification from the reporting AAB/ OBU as to the remaining unpaid balance of the O/A importation and that the O/A importation has been duly reported to the BSP with the BRN indicated thereon duly signed by the reporting AABs/OBUs authorized officer. The foreign exchange selling and remitting AAB/OBU shall report such payment under said Schedule 11; 7. The AAB/OBU reporting the D/AO/A availment shall verify the importer code of a new importer with the BSP-ID to avoid invalid entries and unreconciled importer name under Schedule 10; and 8. Penalty provisions under Section 106 of the Manual shall apply to AABs that sell foreign exchange for servicing D/AO/A importations that were not previously reported to the BSP under the prescribed Schedule 10 of FX Form 1 or were reported later than ten (10) calendar days before due date without payment of required BSP processing fee.
APP. 92
APP. 7 10.12.31
GUIDELINES FOR THE SALE OF FOREIGN EXCHANGE (FX) TO IMPORTERS BY AABs AND AAB-FOREX CORPS UP TO USD1 MILLION OR ITS EQUIVALENT IN OTHER FOREIGN CURRENCY FOR ADVANCE PAYMENT OF IMPORTS
Sale of FX up to USD1 million or its equivalent in other foreign currency for full or partial advance payment of imports may be done without prior BSP approval1 subject to the following guidelines: 1. AABs or AAB-forex corps shall require presentation of the original/ submission of copies of the following documents prior to the sale of FX for advance payment of imports: (a) purchase order (PO); (b) sales contract (SC) or proforma invoice (PI) signed by the resident importer and foreign supplier requiring payment of the importation in advance and indicating the intended delivery period of the imported goods; and (c) notarized Letter of Undertaking (LOU) to the effect that if the importation is cancelled, the importer shall inwardly remit the FX refunded by the foreign supplier and sell same for pesos to the FX selling/remitting AAB on the same date. 2. If the seller of FX is an AAB, the FX sale and remittance shall be transacted on the same date and shall involve only one AAB. The foreign exchange remittance shall be made directly to the foreign supplier and serviced at the exchange rate prevailing at the time of remittance, subject to the applicable tax provisions of the National Internal Revenue Code, as amended. If the selling entity is an AABforex corp, the foreign exchange proceeds shall be remitted to the foreign supplier through the parent AAB. The remitting AAB shall see to it that sales of FX by its AAB-forex corp subject for remittance are made in accordance with existing rules. 3. The importer shall present to the FX selling/remitting AAB the original shipping documents [import invoice and bill of lading (BIL) or air waybill (AWB)] where the date and amount of FX sold/remitted shall be stamped and duly signed by the AABs authorized signatory, and the Bureau of Customs Import Release Documents, within three (3) banking days after receipt thereof. 4. Submission by the FX selling and remitting AAB to the BSP-ID of the following reports: a. Monthly Report on Sale/Remittance of FX for Advance Payment of Importations up to USD1 million or its equivalent in other foreign currency (Annex B) - within the first five (5) banking days of the month succeeding the date of FX sale/remittance; and b. Monthly Report on Purchase of FX from Refund of Advance Payment of Importations up to USD1 million (Annex C) - within the first five (5) banking days of the month succeeding the receipt of the refund. 5. The FX selling/remitting AAB shall report to the BSP under FX Form 1 (Consolidated Report on Foreign Exchange Assets and Liabilities) the following transactions: a. The remittance of FX by the AAB for advance payment of imports as Import Advances/Down Payments (Code No. 040) under Schedule 4 (FX Disposition for Loans); b. The purchase of FX by the AAB from the importer arising from a refund of advance payment on cancelled imports as Refund of Import Advances/Down Payments (Code No. 040) under Schedule 3 (FX Acquisition from Loans); and
Sale of foreign exchange exceeding USD100,000.00 or its equivalent for advance payment of imports shall require prior BSP approval.
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c. In case of importations with partial advance payment whose balance is payable through letters of credit (L/Cs), documents against acceptance (DA), open account (OA), documents against payment (DP), or direct remittance (DR), such balance shall be reported under the following Schedules: (1) Schedule 10 [Import Letters of Credit (L/Cs) Opened and DA-OA lmport
Availments and Extensions] for L/C (upon opening) and for DA-OA (upon availment); and (2) Schedule 11 (Import Payments) upon payment. 6. The foregoing rules on advance payments shall apply to importations under all modes of payment.
(As amended by Circular No. 698 dated 05 November 2010)
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APP. 8 09.12.31
REGULATED PRODUCTS NEEDING EXPORT CLEARANCES

The list below pertains to regulated products needing export clearances from various concerned government agencies prior to shipment. List of Regulated Commodities and Administering Agencies/Bureaus
Products All exports to the following socialist and centrally-planned economy countries: Albania, Laos People's Democratic Republic, Ethiopia, Mozambique, Angola, Mongolia People's Republic, Democratic Republic of Korea (North Korea), Nicaragua, Libya, Myanmar All plants, planting materials and plant products capable of harboring pests; insect specimens, live and dead Animals, animal products and animal effects Antiques, cultural artifacts and historical relics Coffee
Office/Agency Philippine International Trading Corporation (PITC)
Bureau of Plant Industry (BPI)
Bureau of Animal Industry (BAI) National Museum (NM) International Coffee Organization Certifying Agency (ICO-CA) Department of Trade and Industry (DTI) Board of Investments (BOI) Firearms and Explosives Office Philippine National Police (PNP) Department of Interior and Local Government (DILG) National Food Authority (NFA) Forest Management Bureau (FMB), Department of Environment and Natural Resources (DENR) - do Movie and Television Review and Classification Board (MTRCB)
Copper concentrates Firearms, ammunitions and explosives
Grains and grain-by-products Logs, poles and piles including log core and flitches/railroad ties Lumber Motion pictures/television films and related publicity materials
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Products Legal tender Philippine notes and coins, checks, money orders and other bills of exchange drawn in pesos against banks operating in the Philippines greater than P10,000.00 Radioactive materials Sugar, molasses and muscovado Frogs: Live, skin or products from the skin or meat Wild Terrestrial Species to include live, stuffed, preserved, by-products and derivatives, e.g.: Mammals (i.e., Philippine Monkeys, cloud-rats, ant eater, Philippine tarsier and skunk), Aves (i.e., bleeding heart pigeons, java sparrows, tree , sparrow, parrot, finches, Phil. white-eye, Phil. starlings, hanging parakeets, brush cuckoo, plaintive cuckoo, amethyst fruit dove, bluetailed bee-eater, crested mynah, pink-necked green pigeon, painted quail, button quails, bended rail, plain swamphen, green-winged dove, slender-billed cuckoo, white-eared brown dove, kingfishers, black-naped oriole, black-naped monarch, redamadavat, guiabero) Reptiles (i.e., gecko, monitor and sail-finned lizards, land turtles) Flora (i.e., tree ferns, cycas plant, all species orchids, aloe plant, sanders alocasia, striped alocasia, voiavoi, bungang ipod, cactus, Philippine camia/garland, Himalayan yew, Agar wood, eagle wood, bigleaf mahogany and red-sanders). All species of butterflies, exotic wildlife species found under Appendix II of the Convention on International Trade on Endangered Species of Wild Flora and Fauna (CITES) such as parrots, macaw, pigeons and conures All handicrafts for export. (Exporters can avail of the Special Tariff Treatment in countries where the Philippines have trade agreements if they secure a handicraft certification from the DTI
Office/Agency Bangko Sentral Ng Pilipinas (BSP)
Philippine Nuclear Research Institute (PNRI) Sugar Regulatory Administration (SRA) Protected Areas and Wildlife Bureau (PAWB) - do -
DTI National Capital Region
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APP. 8 09.12.31
Products Tobacco products Matured coconuts without husk for food or non-food processing and fresh young coconuts (buko) capable of harboring coconut cadangcadang viroid disease (CCCVD) or other pests Capiz shells: semi-finished or semi-processed Processed coir, and raw or processed coco peat (dust) capable of harboring cadang-cadang viroid disease Live animals: gamefowl, wild birds and exotic animals, monkeys, other livestock and poultry, dogs and cats Bamboo poles Wildlife species: wild marine species, e.g.: water snakes (Cerberus nynchops); seasnakes: live, skin or products from the skin or meat
Office/Agency National Tobacco Administration (NTA) Philippine Coconut Authority (PCA)
Bureau of Fisheries and Aquatic Resources (BFAR) PCA
BAI
FMB BFAR
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APP. 9 09.12.31
LIST OF PROHIBITED PRODUCTS FOR EXPORT

These products are prohibited for export under existing policies of the government agency/ office concerned except for scientific or testing purposes
Products Abaca and Ramie Seeds, Seedlings Suckers, and Root Stocks; Buri Seeds and Seedlings Bakawan (mangrove)
Office/Agency Fiber Industry Development Authority (FIDA) Forest Management Bureau (FMB), Department of Environment and Natural Resources (DENR) Bureau of Fisheries and Aquatic Resources (BFAR) Bangko Sentral ng Pilipinas (BSP) Philippine Coconut Authority (PCA) BFAR DENR BFAR
mother bangus (sabalo) Gold from small scale mining or panned gold Matured coconuts and coconut seedlings Prawn-Spawner and Fry Raw materials for cottage industries: monkey pod (acacia), rattan (including poles) Shells:Trumpet shells (Triton); Helmet Shells (Cassis); Live specimens, raw shells, meat and by-products of giant clams under the family Tridacnidae (Tridacna gigas, T. derasa, T. squamosa, T. maxima,T. crocea, Hippopus hippopus porceilanus) Shells: Undersized raw shells of Trocas, Gold lip, Black lip, Turbo mamoratus and raw capiz Stalactites and stalagmites Wildlife species: Wild marine species, e.g.: precious, semi-precious and all ordinary corals raw and by-products
- do DENR BFAR
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Products Wild terrestrial species whether live, stuffed or by-products, e.g.: Mammals (i.e., tamaraw, tarsier, deers (calamian deer), sea cow, fruit bats) Aves (i.e., eagles, redvent cockatoo, Palawan peacock pheasant, Palawan mynah, horn bills, nicobar pigeon, Mindoro imperial pigeon, Peregrine falcon, spotted green shank, Kotchs pitta, giant scops owl and Eastern sarus crane), Reptiles (i.e., crocodiles, marine turtles, pythons), Flora (i.e., ladys slipper orchid, vanda sanderiana, pitcher plant, dendrobicum cruenthum). Exotic wildlife species found under Appendix 1 of the CITES such as buffoon macaw, scarlet macaw.
Office/Agency Protected Areas and Wildlife Bureau (PAWB)
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APP. 10 09.12.31
PROCEDURES AND DOCUMENTATION REQUIREMENTS FOR THE REGISTRATION OF INWARD FOREIGN INVESTMENTS
A foreign investment is considered BSPregistered upon issuance of a Bangko Sentral Registration Document (BSRD) by the BSP or a designated custodian bank. A. For registration with the BSP Foreign direct investments and investments in peso-denominated money market instruments under Section 34 and Section 35.3, respectively, of the Manual shall be registered directly with the BSP. 1. Foreign Direct Investments1 The following are the procedures for registration and the requisite supporting documents: a. For Cash Investment The application shall be filed directly with BSP together with the following supporting documents: i. Certificate of Inward Remittance (CIR) of foreign exchange and its conversion to pesos through an AAB (except for investments in banks where conversion to pesos is not required) in the prescribed format (Sample CIR and Guide/Instructions for Filling-Out CIR Form hereto attached as Appendix 10.1 and Appendix 10.2 , respectively); and ii. Sworn certification of the officer of the investee firm concerned attesting to the number of shares and amount paid for the investment (Suggested format attached as Appendix 10.3). b. For Investment in Kind Application for registration shall be filed directly with BSP together with the following supporting documents: i. Shipping documents; ii. Bureau of Customs Import Entry and Internal Revenue Declaration (IEIRD); and
iii. Sworn certification of the officer of the investee firm concerned attesting to the number of shares and amount paid for the investment (Suggested format attached as Appendix 10.3). The value of investments in kind shall be assessed and appraised by the BSP before their registration. c. For investment in financial institutions which are governed and regulated by the BSP: Clearance from the Supervision and Examination Sector of the BSP shall be required in addition to the documentary requirements for investments in cash or in kind. d. Registration as foreign investments of capitalized oil/gas/geothermal exploration expenditures The application for registration shall be filed directly with the BSP together with the following supporting documents: i. Government-approved service contract/other contract; and ii. Copy of the Department of Energy (DOE)/National Power Corporation (NPC) letter-validation of expenditures showing, among others, the distribution of validated expenditures among the partners under the service contract/other contract. e. Investments funded by foreign loan/s and other payables converted into equity i. Original CIR of foreign exchange and its conversion to pesos through an AAB in the prescribed format (Appendix 10.1) for foreign loans not registered with the BSP; or ii. Copy of BSP registration for foreign loans registered with the BSP; iii. Sworn certification from investee firms authorized officer attesting to the number of shares and amount paid for the investment remittable outward and that such
Foreign direct investments required by law to be registered with the Securities and Exchange Commission or the Bureau of Trade Regulation and Consumer Protection of the Department of Trade and Industry shall be extended a Bangko Sentral Registration Document (BSRD) upon endorsement by either agency without need for the foreign investor/applicant to submit supporting documents to the BSP.
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are funded from foreign loans/payables converted to equity; iv. Deed of Assignment of foreign loan or other payables; v. Latest audited financial statements of investee firm; and vi. Articles of Incorporation of the investee firm f. Stock and/or property dividends accruing on BSP-registered investments in non-PSE-listed firms a. Copy of BSRD; and b. Sworn certification signed by the investee firms authorized officer on the declaration of the stock and/or property dividend, to include relevant excerpts of the covering Board Resolution g. Stock splits/reverse stock splits on BSP-registered investments in non-PSE-listed firms a. Copy of BSRD; and b. Sworn certification signed by the investee firms authorized officer declaring the stock split/reverse stock split, to include relevant excerpts of the covering Board Resolution 2. Investments in Peso-denominated Money Market Instruments Investments in money market instruments which refer to all pesodenominated debt instruments, such as but not limited to bonds, bills payables, promissory notes (PNs), and nonparticipating preferred shares, issued onshore by private resident firms, not included in Section 23 of the Manual, shall be registered directly with the BSP supported by the following documents: a. Original CIR of foreign exchange and its conversion to pesos through an AAB in the prescribed form (Appendix 10.1); and b. Contract/Certificate of investment For bonds or PNs issued by private domestic firms that were purchased from local creditor banks, the following additional documents shall be required:
a. Copies of bonds or PNs; b. Purchase Price Letter/Agreement; c. Deed of Assignment of the loan; d. Notice of Assignment of the loan; and e. Acknowledgment by debtor of the Notice of Assignment For foreign investments in nonparticipating preferred shares of Philippine investee enterprises, the following additional document/s shall be required: Purchase invoice, or subscription agreement and/or proof of listing in the local stock exchange for new/additional issues/ stock rights 3. Reinvestment of divestment/sales proceeds or dividends/profits/earnings of duly registered investments (The following documentation requirements are in lieu of the CIR and in addition to the required documentation for the specific form/type of reinvestment) For divestment/sales proceeds a. Original BSRD; b. Sworn certification signed by the original investee firms authorized officer attesting to the divestment/sale by the foreign investor; and c. Proof of divestment/sale for direct investment/s; or d. Matured contract/certificate of investment/proof of redemption for money market instruments For dividends/profits/earnings a. Copy of BSRD; and b. Sworn certification signed by the investee firms authorized officer declaring the dividends or distribution of profits, to include relevant excerpts of the covering Board Resolution; or c. Proof of interest/coupon payments for investment/s in money market instruments 4. BSP-registered investments sold/ transferred to another foreign investor if payment is made offshore in foreign exchange a. Original BSRD; b. Sworn certification from the authorized officer of the investee firm,
APP. 92
APP. 10 09.12.31
attesting to the transfer/assignment of the investments from the selling foreign investor to the buyer, in the books of the investee firm; and c. Deed of Sale/Assignment Replacement of Lost BSRDs a. Letter request from the foreign investor or his duly authorized representative; b. Affidavit of Loss from the foreign investor or his duly authorized representative attesting to the following: i. Loss of the original BSRD; ii. Reason for the loss; iii. Affirmation that they have exercised diligent search for the document/s declared lost; iv. That the investment is still intact and existing to date; v. The outstanding balance of the investment, net of repatriation, if any vi. The registration number/s and date/ s registered; vii. The number of shares registered under each registration and percentage of the foreign investment to the total shares subscribed and paid up, as applicable. c. Letter authority from the foreign investor for the replacement of the lost BSRD if the request and affidavit of loss are accomplished and signed by the duly authorized representative. B. For Registration with Custodian Banks Foreign investments in peso denominated government securities, PSE listed securities, and peso time deposits with tenor of at least 90 days as described in Items 1, 2, and 4 under Section 35 of the Manual shall be registered with custodian banks designated by the foreign investors. Custodian banks are authorized to issue on behalf of the BSP the BSRD for such investments. The duplicate copy of the new BSRD issued by custodian banks together with the requisite supporting documents enumerated in this Appendix shall be
submitted to the BSP within two (2) banking days from date of registration for post audit purposes. The original copy of the BSRD shall remain in the custody of the issuing custodian bank. The one-BSRD-per-investor-percustodian-bank rule The one-BSRD-per-investor-percustodian-bank rule shall be followed for the registration of investments with custodian banks. 1. Only one BSRD shall be issued by a custodian bank to a foreign investor applying with that bank for registration of his foreign investments; 2. Additional inward foreign exchange remittances of a foreign investor through a custodian bank, which had earlier issued to that investor a BSRD, shall be considered BSP-registered after annotating such investments in said BSRD, and reporting to the BSP by said custodian bank within two (2) banking days from transaction date under the Consolidated Daily Foreign Portfolio Investment Registration and Outward Remittance Report; and 3. Changes in the composition of the registered investment holdings of the foreign investor that do not involve inward remittance of foreign exchange such as stock dividends, stock splits, or reverse stock splits, shall be annotated in the same BSRD and reported by the custodian bank to the BSP under the Consolidated Daily Foreign Portfolio Investment Registration and Outward Remittance Report. Surrender of BSRD to the BSP Whenever the BSP-registered investments have been fully divested (redeemed/sold/ withdrawn) by the foreign investor, the custodian of the original copy of the BSRD shall surrender said BSRD to the BSP for cancellation within two (2) banking days from date of full remittance of divestment proceeds.
APP. 10 09.12.31
APP. 92
Documentary Requirements 1. Investments in peso-denominated government securities (GS) a. Accredited dealers Confirmation of Sale (COS); b. Original CIR of foreign exchange and its conversion to pesos through an AAB in the prescribed format (Appendix 10.1); c. Authority to Disclose Information in the prescribed format (Appendix 10.4). 2. Investments in PSE-listed securities The application for registration shall be supported with the following documents: a. For new investments: i. Purchase invoice, or subscription agreement and/or proof of listing in the local stock exchange for new/additional issues/ stock rights: and ii. Original CIR of foreign exchange and its conversion to pesos through an AAB in the prescribed format (Appendix 10.1). b. For annotation in the BSRD of stock dividends which accrued to duly registered investments: PSE Notice (Circular for Brokers) announcing the issuance of Stock Dividend c. For annotation in the BSRD of stock splits/reverse stock splits
PSE Notice (Circular for Brokers) announcing the issuance of Stock Splits/ Reverse Stock Splits 3. Investments in peso time deposits with tenor of at least 90 days a. Certification of peso time deposit; b. Original Certificate of Inward Remittance (CIR) of foreign exchange and its conversion to pesos through an AAB in the prescribed format (Appendix 10.1); and c. Authority to Disclose Information in the prescribed format (Appendix 10.4) 4. Reinvestment of divestment/sales proceeds or dividends/profits/earnings of duly registered investments For divestment/sales proceeds a. Original BSRD-Letter Advice; and b. Proof of redemption of GS; or Brokers sales invoice; or Matured certificate of peso time deposit, as applicable For dividends/profits/earnings a. Original BSRD-Letter Advice; b. PSE Notice (Circular for Brokers) announcing the issuance of cash dividend for PSE-listed securities; or proof of interest/ coupon payments for investment/s in GS and peso time deposits
APP. 92
APP. 10.1 09.12.31
CERTIFICATE OF INWARD REMITTANCE (CIR) OF FOREIGN EXCHANGE NO. CCYY-NNNNN-BBBB
Name of Issuing Bank TO THE BANGKO SENTRAL NG PILIPINAS: Part I. This is to certify that this Bank (mark applicable box/boxes)
Received an inward remittance of foreign exchange (FX), with the following particulars: 1. Name of Remitter: Global Custodian: Yes Country Code of Remitter: No
Converted FX into Pesos, with the following particulars: 8. (a) FX converted to Pesos: Full Utilization of FX Received: Partial Utilization of FX Received: O/S Balance after this Utilization: (b) Rate of Conversion, Pesos per Foreign Currency (before charges): (c) Amount of Peso Proceeds (net of charges): (d) Date Converted to Pesos: (e) FX Receiving Bank's Name (if other than coverting bank):
2. 3.
Beneficiary of Foreign Currency Funds: Remitting Foreign Bank:
4.
5. 6. 7.
Date of Remittance: (___/___/___) Remittance/Telegraphic Transfer Ref. No.: FX Received: Currency: Total T/T Amount: Amount Utilized: O/S Balance after this CIR Utilization: This is to certify that (mark and fill out applicable box): The said peso proceeds were deposited with this bank on
9.
CIR No.: T/T Ref. No. USD Equivalent (if foreign currency remitted is other than USD):
Part II.
date the proceeds were credited to client's account
The peso proceeds have been paid to the beneficiary under: MC No.: CC No.: PCHC Ref.: This certificate is issued for the sole purpose of obtaining a Bangko Sentral Registration Document (BSRD) for the inward foreign investment of this
Name and Nationality of Investor Date of Certification
Name of Branch/Department in Head Office Contact Telephone No.: Fax No.:
Signature of Authorized Officer Over Printed Name Position
APP. 92
APP. 10.2 09.12.31
Guide/Instructions for Filling Out the Certificate of Inward Remittance (CIR) Form
I.
GENERAL INSTRUCTIONS 1. Only one CIR shall be issued and only the original of each CIR shall be the basis, among other requirements, for the issuance of a BSRD unless with prior specific BSP approval. The issuing bank shall immediately release the original of each CIR to the investee, or his authorized representative, upon receipt by the beneficiary of the proceeds of foreign exchange (FX) remittance and/or conversion to pesos. The original CIR, among other documentation requirements, shall be submitted to a custodian bank, for registration of investments in government securities, PSE-listed securities, and bank time deposits; or to the BSP-International Department (ID), for registration of all other investments. 2. If the bank receiving the FX is also the bank converting the FX to pesos, it shall fully fill out and accomplish Parts I and II of the CIR. 3. If the receiving bank is different from the converting bank, the receiving bank shall fully fill out and accomplish only Nos. 1 to 7 of Part I and submit a copy of the CIR so accomplished to the converting bank which shall then issue a CIR by filling out and accomplishing only Nos. 8 (a to e) and 9 of Part I, and Part II. 4. The bank officer authorized to sign the CIR must be duly designated by the banks Executive Vice President or Head of the Branch. II. SPECIFIC INSTRUCTIONS CIR NUMBER FORMAT CCYYNNNNN-BBBB (e.g. 2001-00001-BBBB) CCYY is the year the CIR is issued NNNNN is the series number of the CIR. (00001 is the issuing banks first CIR)
BBBB is the BSP assigned numeric

bank code PART I-A (Items 1 to 7 to be filled-out by the FX receiving bank) 1. NAME OF REMITTER - if information is available, indicate if foreign investor is a global custodian. (Length should not exceed 50 characters). 2. COUNTRY OF REMITTER - states the domicile or country of residence of the investor or global custodian (Length should be 3 bytes and refer to Annex 2 for the coding scheme). 3. BENEFICIARY OF FOREIGN CURRENCY FUND account name / company name of the recipient (Length should not exceed 50 characters). 4. REMITTING FOREIGN BANK name of overseas bank that sent the foreign currency funds (Length should not exceed 50 characters). 5. DATE OF REMITTANCE - the value date that the foreign funds entered the books of the bank. Field format is ccyymmdd (e.g., 03-April-2001 will be indicated as 20010403). The same format is standard for all date fields in the report. 6. REMITTANCE / TELEGRAPHIC TRANSFER REFERENCE NO. - contains the banks unique reference number only (Length should not exceed 50 characters). 7. FX RECEIVED: Currency - specifies the foreign currency symbol used in the BSP Reference Exchange Rate Bulletin. Total T/T Amount - the gross FX amount covered by the banks unique Telegraphic Transfer Reference Number mentioned in Item 6 above. Amount Utilized - specifies the actual amount of the funds utilized to fund the investment.
Manual of Regulations for Banks Appendix to Part V
APP. 10.2 09.12.31
APP. 92
Outstanding Balance After This CIR Utilization specifies the remaining balance of the gross FX received less the amount utilized. PART I-B (Items 8 to 9 to be filled-out by the FX converting bank) 8a. FX CONVERTED INTO PESOS: Full Utilization of FX Received specifies the whole inwardly remitted FX converted to Pesos and utilized for investment. Partial Utilization of FX Received specifies the partial inwardly remitted FX converted to Pesos and utilized for investment. O/S Balance after this Utilization the available inwardly remitted FX after partial conversion/utilization. 8b. RATE OF CONVERSION, PESOS PER FOREIGN CURRENCY (before charges) - the exchange rate used for the conversion to local currency. Field value is expressed in six decimal places (e.g., PHP50.280002).
8c. AMOUNT OF PESO PROCEEDS (Net of Charges) - specifies the peso proceeds from the conversion net of bank charges. 8d. DATE CONVERTED TO PESOS value date of conversion to local currency. 8e. FX RECEIVING BANKS NAME the name of the Philippine-based bank from which the foreign currency funds were received. Please use the numeric bank code (head office). CIR No.: Quotes the CIR Reference number of the FX Receiving bank. Telegraphic Transfer Ref. No.: Quotes the Telegraphic Transfer Reference Number of the FX received. 9. USD EQUIVALENT (If FX remitted is other than USD) - shows the US Dollar value of the 3rd currency amount converted into Peso. This is a mandatory field for remittances other than USD and computed as peso proceeds divided by the BSP reference rate (PHP/USD) on the conversion date.
Manual of Regulations for Banks Appendix to Part V
APP. 92
APP. 10.3 09.12.31
SWORN CERTIFICATION (Suggested Format for Stock Corporation/Investee Firm)

I, ________________________________, of legal age, ____________________, and (Name of Affiant) (Nationality) resident of the Philippines, after being duly sworn in accordance with law, depose and state that: 1. I am the ________________________ of _________________________________________, (Position/Designation) (Name of Investee-Firm) a corporation duly registered with/licensed by the Philippine Securities and Exchange Commission (SEC) under SEC Reg. No. ________ dated _________, to engage in the business of __________________________________________________________________ _______________________________________________________________________. That the __________________________________ has a Capital Structure, as follows: (Name of Investee Firm) Class Number of Shares Par Value Total Amount Authorized Subscribed Paid Up _____ _____ _____ ______________ ______________ ______________ ________ ________ ________ ____________ ____________ ____________
3. That _______________________________, _________________________, with address (Name of Foreign Investor) (Nationality) at _________________________________________________________________________, whose business is ______________________________________________________________, has remitted/caused the remittance of USD/Other Foreign Currency (FC) _________________________________________________ and converted the same into PHP ________________________ thru the Philippine banking system as certified by ___________________________________ under Certificate of Inward Remittance (CIR) of (Name of Issuing Bank) Foreign Exchange No. dated ,of which amount, PHP____________________ was paid in consideration for the following shares of the Investee-Firm 1 and is now recorded in his/its name in the books of the ____________________________, as follows:
(Name of Investee-Firm) Amount Paid in (PHP) Number of Shares Purchased Par Value/Share
Class
Total Par Value
As Premium
Total
The balance (total peso proceeds less amount applied to this investment transaction, if any) in the amount of PHP _________________ is recorded in the books of _______________________________________________________ as (Name of Investee-Firm)
_______________________________________.
(e.g. Advances, Deposit for Future Subscription)
APP. 10.3 09.12.31
APP. 92
4. That of the above total, the following share/s was/were assigned to cited Foreign
Investors nominee/s (if any): Name Nationality ______________________ _________________ ______________________ _________________ (The following paragraph may follow as appropriate)
No. of Shares ____________ ____________
Amount Paid _____________ _____________
That the aforecited Filipino nominee/s appear/s in the corporate books of the _______________________________________________________ only as nominee/s of the (Name of Investee-Firm) ___________________________________________ and that the said share/s is/are covered (Name of Foreign Investor) by Deed/s of Assignment of Foreign Investor transferring the share/s to each of the Filipino nominee named above; and that the covering certificates of stock issued to the said Filipino nominee/s are with annotation/s that the said nominee/s is/are merely nominee/s of the foreign investor named above; 3. That in the corporate books of _____________________________________________ as of (Name of Investee-Firm) _____________________ show that the following are the stockholdings of its investors: (current date) Name of Investor No. of Shares Held Class Amount Paid
______________________ ______________________ ____________ ____________ _____________ ___________________ _____________ ___________________
Correspondingly, the capital stock of the _____________________________________as of (Name of Investee Firm) ____________________________ is as follows: (Current Date) Number of Shares Common Preferred Issued and Paid Filipino Foreign Additional Paid-In Capital Deposit for future subscription Amount (in PHP) %
3. That as of date, total foreign investments in the percentage stated above in the ____________________________________ is within the limit for foreign investor under (Name of Investee-Firm) the Constitution and existing laws of the Philippines. IN WITNESS WHEREOF, I have hereunto set my hand this ___________ day of ___________________ 20__ at ____________________. ___________________________ (Signature over Printed Name)
Appendix 10.3 - Page 2 Manual of Regulations for Banks - Appendix to Part V
APP. 92
APP. 10.3 09.12.31
SUBSCRIBED AND SWORN TO before me this ___day of _________________ 20__, Affiant exhibiting his/her Community Tax Certificate No. ______________________ issued on ___________________ at ____________________________. Notary Public Until:______________________
Doc. No. _____________ Page No. _____________ Book No._____________ Series of 200__________
N.B. The above form may be amended as appropriate for non-stock corporation and/or other business organizations, and/or for purchases of secondary shares from existing shareholder/s.
APP. 92
APP. 10.4 09.12.31
AUTHORITY TO DISCLOSE INFORMATION
The undersigned, [name of foreign investor or duly authorized representative of the foreign investor, pursuant to the sworn special authority (copy attached) issued by the foreign investor] , hereby grants unto (name of custodian bank) the authority to disclose to the Bangko Sentral ng Pilipinas (BSP) any information as may be required to comply with the post-audit requirements for the registration of his investments in pesocovered by denominated government securities amounting to PHP Confirmation of Sale dated by (name of accredited dealer), and/or peso time deposits with tenor of at least 90 days amounting to PHP under Certificate with (name of depository bank). of Time Deposit No. It is understood that the authority granted to (name of custodian bank) does not include the disclosure of any information on said investment/s to parties other than the BSP. This authority is being executed to facilitate the BSP registration of said investment/s through (name of custodian bank).
Date
Signature over Printed Name
APP. 92
APP. 11 09.12.31
Inward Foreign Investments Procedures for Repatriation of Capital and Remittance of Dividends/Profits/Earnings I. Capital Repatriation/Remittance of Dividends/Profits/Earnings The repatriation of sales/divestments proceeds, including remittance of dividends/profits/earnings which accrued to duly BSP-registered foreign investments, may be effected by AABs without prior BSP approval upon presentation of the original BSRD together with the supporting documents under Item C.1 and C.2 of Appendix 1 of the Manual. Whenever the repatriation/remittance shall be effected through an AAB other than the custodian bank or the selling transaction was made through a stock broker other than the custodian broker, the custodian bank/broker, upon request from the remitting bank or selling broker, shall issue a BSRD Letter Advice authorizing the latter to use fully or in part the remaining shares covered by the pertinent BSRD. The remitting AAB shall only effect the remittance upon presentation of the supporting documents under Item C.1 and C.2 of Appendix 1 of the Manual. II. Investments registered under the old Central Bank Registration Documents (Transitory Procedures) For capital repatriation: The repatriation of capital of Central Bank registered direct foreign equity investments shall be effected through a commercial bank, without prior BSP approval, upon presentation of the following documents: 1) Proof of Central Bank Registration; and 2) Proof of Sale. For remittance of dividends/profits/earnings: 1) Board Resolution declaring dividend and the amount due the foreign investor; and 2) Audited financial statements covering the dividend declaration period. III. Reporting Requirements 1. All remitting AABs shall duly accomplish and submit to the BSPInternational Department (ID) a Statement of Remittance Report pertaining to the repatriation of capital and outward remittance of cash dividends, profits and earnings of BSP-registered inward direct foreign equity investments to be submitted daily accompanied by supporting documents mentioned in this Appendix within two (2) banking days from date of actual remittance. 2. The report form shall cover all remittances pertaining to foreign direct equity investments (namely, investments in kind and in cash in non-PSE listed firms) registered directly by the BSP. 3. The following data shall be annotated at the back of the BSRD duly certified correct by the authorized officer of the remitting bank: a. On Capital Repatriation: Identity of Investments; Sale or Transaction Date; No. of Shares Sold; Net Peso Sales Proceeds After Tax; Net USD Equivalent of Amount Remitted; Date of Actual Remittance; Country To Which Remitted; and Name of Remitting Bank. b. On Dividends/Profits/Earnings Remittance Identity of Investments; Record Date; Number of Base Shares; Dividend Rate; Net Peso Amount Remitted After Tax; Net USD
APP. 11 09.12.31
APP. 92
Equivalent of Amount Remitted; Date of Actual Remittance; Country to Which Remitted; and Name of Remitting Bank. These data shall be arranged in one line per remittance basis. If the space at the back of the BSRD is not enough, additional page/s may be used for this purpose, which page/s shall be duly marked and certified by the banks
authorized officer as forming part of the BSRD. 4. Transactions of BSP-registered investments in PSE-listed securities, government securities, money market instruments and peso time deposits shall be reported in the Consolidated Daily Foreign Portfolio Investment Registration and Outward Remittance Report.
APP. 92
APP. 12 09.12.31
Checklist of Required Documents, in Lieu of Stock Transfer Agent's Certifcation, for Registration of Inward Foreign Investments Prior to 15 March 1973 Investees corporate secretarys/authorized officers sworn certification that a) the foreign investments were made prior to 15 March 1973; b) stock certificates for said investments were issued to the investor; and c) such investments are still intact and existing Investees latest audited financial statements or, in case the investee is under liquidation, liquidators notarized statement of net assets in liquidation For corporations, copies of the stock certificates issued to the foreign investor, certified by the investees corporate secretary as true copies For stock dividend shares, copies of Board Resolutions declaring the dividends endorsed by the investees authorized officer Relevant Securities and Exchange Commission (SEC) documents showing the existence of the investments prior to 15 March 1973, i.e.: a) copy of SEC certificate of registration including articles of incorporation and any amendments thereto, as applicable; and/or b) copy of SECs resolution approving the issuance of new shares from the unissued capital stock and as exemption from SEC registration requirements, or certificate of increase of capital stock (or deed of sale/assignment). Others: _____________________________________________________________ Note: Please submit the above documents (with check mark) together with your letter request to the International Department at Room 301, 5-Storey Building, Bangko Sentral ng Pilipinas, A. Mabini, Malate, Manila.
APP. 92
APP. 13 09.12.31
Guidelines on the Availment of US Dollar-Denominated Repurchase Agreement Facility with the BSP
The following terms and conditions shall be observed in the availment of the USDdenominated repurchase agreement facility of banks with the BSP (USD R/P): A. Eligible Borrowers RBUs or FCDU/EFCDUs of banks who can demonstrate legitimate funding needs can avail of this facility. B. Qualifying Purposes
securities account before availment of the USD R/P facility. The tenor of the underlying security should not be shorter than the overlying instrument.
D. Valuation of Securities
Proceeds from the borrowings shall be used for legitimate liquidity requirements of FCDU/EFCDU or RBU for local operations as follows:
Compliance with FCDU/EFCDU cover requirements; Servicing of withdrawals of FCDU/ EFCDU; and Servicing trade-related requirements.
The haircut on the underlying securities shall be determined by the Treasury Department, with the concurrence of the Governor. Collateral cover will be maintained through periodic margin calls as specified in the repurchase agreement. Said valuation will be subject to periodic review and will be modified when necessary.
E. Available Credit Line
Borrowing shall be for the account of the applicant bank and shall not be used to fund liquidity requirements of foreign head office, foreign branches, affiliates, or subsidiaries.
C. Acceptable Collateral
Credit lines shall be based on outstanding USD-denominated evidence of indebtedness issued directly by the Government of the Philippines (ROP Bonds) held by the applicant bank as of 30 September2008.
F.Rate,TermandTradingTime
Eligible securities shall cover USD denominated evidence of indebtedness issued directly by the Government of the Philippines (ROP Bonds) held by the applicant bank. These can be lodged in FCDU/EFCDUs or RBUs Available-for Sale (AFS), Held-for-Trading (HFT) and Held to-Maturity (HTM) portfolios.
ROP Bonds to be pledged have to be transferred/credited to BSPs designated
The rates of the USD R/P facility shall be set by the Treasury Department, with the concurrence of the Governor, taking into account prevailing liquidity market conditions.
The term of the USD R/P facility shall be set by the Treasury Department, with the concurrence of the Governor; Provided, that, should a bank become disqualified for the R/P facility, the outstanding repurchase agreement shall immediately become due and payable.
APP. 13 09.12.31
APP. 92
Trading time for the USD R/P transactions shall be set from 10:00 AM to 12 Noon, then from 1:00 PM to 2:00 PM.
G. Application Requirements Applicant bank shall submit the following information/documents, and such other documents as may be deemed necessary, to the Treasury Department, copy furnished the appropriate Central Point of Contact Department (CPCD) of the Supervision and Examination Sector (SES), to aid BSP evaluate applications:
Report on the deployment utilization of USD repo borrowing and other documents and supplemental information, as may be required, to enable BSP to assess the legitimacy of the utilization of such funds, within three (3) banking days from release of the proceeds of the R/P agreement; and All documents and records relative to the Banks availment and use of proceeds of the US dollar denominated R/P facility shall be made available to the BSP upon request.
I. Pre-termination
Application for availment of the facility stating therein the amount, requested term, specific purpose of the borrowing, including disclosure of the specific collateral, including source, i.e. RBU or FCDU/EFCDU;
Notarized undertaking/ certification signed by the banks President or Country Manager (in the case of local branch of a foreign bank), Compliance Officer and Head of Treasury, indicating the following:
The R/P agreement may be paid at any time before maturity, subject to mutual agreement of both parties. The BSP may unilaterally preterminate the borrowing arrangements under the following conditions:
Funds are found to have been used for ineligible purposes Collateral margins, if any, are not met. J. Documentation The repurchase agreement between the bank and the BSP shall be covered by a master repurchase agreement, repurchase agreement confirmation and such other documentation as may be necessary to facilitate the transaction.
Specific purpose of fund utilization; Proceeds of borrowing shall be used exclusively to fund liquidity requirements of FCDU/EFCDU or RBU local operations;
That the Bank is not a conduit for another bank nor will the Bank take arbitrage positions on the availment of the R/P facility.
H. Reportorial Requirements Banks with outstanding USD R/P agreement with the BSP are required to submit to the appropriate Central Point of Contact Department (CPCD) of the Supervision and Examination Sector (SES) the following :
K. Accounting treatment
The US dollar denominated R/P facility shall be treated as collateralized borrowings from the BSP and shall be accounted for in accordance with the Financial Reporting Package (FRP) issued under Subsection X191.2 of the MORB, as amended.
APP. 92
APP. 13 09.12.31
Eligible securities booked under the HTM category shall be subject to the tainting provision provided under Subsection X388.5 of the MORB upon default/non payment of the amount due three (3) banking days after the maturity of the R/P agreement or disqualification of borrowers.
L. Penalty Clauses Violations of the terms and conditions of the USD R/P facility are governed by sanctions provided under Section 72 of the Manual, including but not limited, to termination of eligibility and pre-termination of any outstanding balance through repayment and/or sale of the collateral.
APP. 92
APP. 14 09.12.31
SWORN CERTIFICATION OF FCDU/EFCDU LENDING TO RBU
(Name of Bank) CERTIFICATION Pursuant to Section 72 of the Manual of Regulations on Foreign Exchange Transactions, we hereby certify1 that on all banking days of the month ended ________, <Year>: There were no foreign currency borrowings by the Regular Banking Unit (RBU) from the Foreign Currency Deposit Unit (FCDU)/Expanded FCDU (EFCDU) RBU had foreign currency borrowings from FCDU/EFCDU and 1. Total outstanding balance of such foreign currency borrowings did not exceed the prescribed cap (i.e., lower of total outstanding balance on RBUs onbalance sheet foreign currency trade assets or thirty percent (30%) of the level of FCDU/EFCDU deposit liabilities, and 2. The borrowed foreign currency funds were utilized by RBU solely for its foreign currency trade transactions. We further certify that, to the best of our knowledge, the foregoing statements are true and correct. President or Country Manager (for foreign banks) TIN: CTC No. Issued on: Issued at: Compliance Officer TIN: CTC No. Issued on: Issued at: Head of Treasury Department TIN: CTC No. Issued on: Issued at:
Subscribed and sworn to before me this ___ day of _______________________ affiants exhibiting their Community Tax Certificates indicated above.
Person Administering Oath

1
Check appropriate box
APPENDIX 15

BANK NAME REPORT ON COMPLIANCE WITH E/FCDU COVER REQUIREMENT AS OF MONTH END
Total Schedule A. Total E/FCDU Liabilities Requiring Cover [A1 + A2 - A3 - A4] 1. E/FCDU Liabilities (excluding Due to HO/Br Abroad) BS BS Item L31 A25 0.00 0.00 0.00
Ratio
2. Net Due to HO/Br Abroad - E/FCDU
1/
3. Due to RBU - E/FCDU [3.a + 3.b] a. Due to RBU - E/FCDU Realized Losses from Operation b. Due to RBU - E/FCDU Unrealized Losses Recognized in Profit or Loss and in Equity 4. Bills Payable - Repurchase Agreements with BSP
Sch. 42 Sch. 42
0.00 0.00 0.00
Sch. 24
0.00
Liquid Assets 0.00 B. Total E/FCDU Asset Cover2/ a. Foreign currency cash on hand b. Foreign currency checks and other cash items c. Due from BSP Foreign Currency - E/FCDU d. Due from Other Banks - E/FCDUs/OBUs/Non-Resident BS Item 1 BS Item 2 BS Item 3, Sch. 39a Sch. 2 0.00 0.00 0.00 5/6 0.00
Other Assets 0.00
Total 0.00
Ratio
0.00
0.00 0.00 0.00 0.00
App. 15 09.12.31
APP. 15 09.12.31
Liquid Assets e. Derivative with Positive Fair Value Held for Trading/Hedging 1. Derivatives with Positive Fair Value Held for Trading 2. Derivatives with Positive Fair Value Held for Hedging f. Investments in foreign currency-denominated debt instruments: 1. Held for Trading (HFT) - E/FCDU a. Sold/Lent/Collateralized in Repurchase/SLB Transactions b. Structured Products c. Others 2. Financial Assets DFVPL - E/FCDU a. Sold/Lent/Collateralized in Repurchase/SLB Transactions b. Structured Products c. Others 3. Available for Sale (AFS) - E/FCDU a. Sold/Lent/Collateralized in Repurchase/SLB Transactions b. Structured Products c. Others 4. Held to Maturity (HTM) - E/FCDU a. Sold/Lent/Collateralized in Repurchase/SLB Transactions b. Structured Products c. Others Sch. 5 Sch. 5 BS Item 7(i) Sch. 6A Sch.6 Sch. 6 BS Item 8 Sch. 7A Sch. 7 Sch. 7 00.00 7/ 0.00 7/ 0.00 7/ 0.00 7/ BS Item 5.b BS Item 13
Other Assets 0.00 0.00
Total 0.00 0.00
Ratio
BS Item 5(a)] Sch. 3A Sch. 3 0.00 7/ BS Item 6 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00

Liquid Assets g. Unquoted Debt Securities Classified as Loans - EFCDU h. Loans and Receivables - E/FCDU authorized by BSP, except those classified by the BSP as loss 1. Loans to BSP 2. Interbank loans receivable BS Item 9
Other Assets 0.00

8/
Total 0.00
Ratio
BS Item 11.a Sch. 10, Sch. 39A Sch. 11 Sch. 11 Sch.12
0.00 5/ 0.00 5/
0.00 0.00
0.00 0.00
3.
Loans and receivables - others a. Outstanding export bills purchased b. Short-term E/FCDU loans to exporters in the form of export packing credits up to the sextent guaranteed by TIDCORP or SBGFC, provided not overdue
0.00 8/
0.00
0.00 8/ c. Others (i) Loans with specific approval by the BSP (ii) Short - term loans to resident private sector borrowers which under existing regulations requires no prior BSP approval and allowed to be serviced using foreign exchange purchased from the banking system (iii) Loans to resident private sector borrowers to be serviced using foreign exchange purchased from outside the banking system (iv) Loans to non-resident to be serviced using foreign exchange purchased from outside the banking system i. Loans and Receivables Arising from Repurchase Agreements, Certificates of Assignment/Participation with Recourse, and Securities Lending and Borrowing Transactions - E/FCDU
0.00
Sch. 11 Sch. 11
0.00 0.00
9/
0.00 0.00
9/
Sch.11
0.00
9/
0.00
Sch. 11
0.00
8/
0.00
Sch. 12, Sch. 39A
App. 15 09.12.31
0.00 5/
0.00
0.00
E.
APP. 15 09.12.31
Liquid Assets j. Foreign currency accrued interest from financial assets - E/FCDU k. Accounts receivable arising from the sale of financial assets under trade date accounting - E/FCDU 3/ l. Loans to RBU by E/FCDU net of transactions outstanding for over 1 year C. D. Exempt Liabilities
4/
Other Assets 0.00
Total 0.00 0.00 0.00 0.00 0.00 11/ 0.00 12/
Ratio
BS Item 16 Sch. 19 0.00 10/ Sch. 19 0.00 0.00
Excess/(Deficiency) in Liquid Assets [Liquid Assets - 30%* (Item A - Item C)] Excess/(Deficiency) in Cover Requirement (Total Assets - Item A)
1/
Applicable to Philippine branches of foreign banks only. If resulting balance is a Net Due from HO/Br Abroad, the amount to be shown as Net Due to HO/Br shall be zero. Net Due from HO/Br Abroad shall not be eligible for both the 100% asset and 30% liquid asset cover. At net carrying amount (i.e. net of premiums/(discounts), accumulated market gains/(losses) and allowance for impaiment loss) Accounts Receivable arising from sale of financial assets under the trade date accounting pending actual settlement/delivery of the underlying assets/securities Refers to liabilities exempt from 30% liquid cover requirement as may be approved by the Monetary Board Maturing within 1 year Unencumbered Readily marketable EFCDU only Maturing within 1 year for FCDU and regardless of maturity for EFCDU Arising from sale of readily marketable debt instruments [Liquid Assets / (A - C)]*100 [Total Assets / A] *100
2/
3/
4/
5/
6/
7/
8/
9/
10/
11/
12/
APP. 92
APP. 15.1 09.12.31
SWORN CERTIFICATION OF COMPLIANCE WITH THE FCDU/EFCDU COVER REQUIREMENTS
<Name of Bank> CERTIFICATION Pursuant to the requirement of BSP Circular Letter dated 6 June 1997 we hereby certify that we have fully complied with the FCDU cover requirements (both 100% Foreign Currency Cover and 30% Liquid Asset Cover) on all banking days of the quarter ended _________ <Year>. We further certify to the best of our knowledge that above statement is true and correct.
President or Country Head (for foreign banks) TIN: CTC No. Issued on: Issued at:
Compliance Officer TIN: CTC No. Issued on: Issued at:
Head of Treasury Department TIN: CTC No. Issued on: Issued at:
Subscribed and sworn to before me this ___ day of _______________________ affiants exhibiting their Community Tax Certificates indicated above.
Person Administering Oath
APP. 92
APP. 16 10.12.31
Guidelines on the Transfer of Net Realized/Unrealized Losses Recognized In Profit Or Loss And In Equity And Undivided Profits/(Losses) from FCDU/EFCDU Books to the RBU Books
Following are the guidelines on the transfer of Net Realized/Unrealized Losses Recognized in Profit or Loss and in Equity and Undivided Profits/(Losses) from the FCDU/EFCDU to the RBU book: 1. Net Realized/Unrealized Losses Recognized in Profit or Loss and in Equity. Whenever the total of the following: a. Retained Earnings Free FCDU/ EFCDU; b. Undivided Profits/(Losses) - FCDU/ EFCDU comprising of the following: (1) Net realized profits/(losses); (2) Net Unrealized Gains/(Losses) from Operations as defined in Item 2. c. Net unrealized gains/(losses) recognized directly in equity comprising of the following: (1) Net Unrealized Gains/(Losses) on AFS Financial Assets FCDU/EFCDU recognized directly in equity; and (2) Gains/(Losses) on Fair Value Adjustments of Hedging Instruments FCDU/EFCDU recognized directly in equity. results to a net debit balance (referred to as Net Realized/Unrealized Losses Recognized in Profit or Loss and in Equity in this Appendix), the bank shall immediately transfer from the RBU book to the FCDU/EFCDU book eligible foreign currency assets by a credit to Due to RBU FCDU/EFCDU Net Realized/Unrealized Losses Recognized in Profit or Loss and in Equity, which account shall not be subject to asset and liquid asset cover requirements. For purposes of this Appendix, a net credit balance in the total of the foregoing Items 1.a, 1.b and 1.c shall be considered as a zero balance in Net Realized/ Unrealized Losses Recognized in Profit or Loss and in Equity. The amount of eligible foreign currency assets to be transferred from the RBU book to the FCDU/EFCDU book shall be that which will bring the balance of Due to RBU FCDU/EFCDU Net Realized/Unrealized Losses Recognized in Profit or Loss and in Equity equal to the Net Realized/ Unrealized Losses Recognized in Profit or Loss and in Equity. Whenever the balance of Due to RBU FCDU/EFCDU Net Realized/Unrealized Losses Recognized in Profit or Loss and in Equity exceeds the Net Realized/ Unrealized Losses Recognized in Profit or Loss and in Equity, the excess shall be settled at the end of the reference month by the FCDU/EFCDU to the RBU book by a debit to Due to RBU FCDU/EFCDU Net Realized/Unrealized Losses Recognized in Profit or Loss and in Equity and a credit to the eligible foreign currency assets. For purposes of this Appendix, the eligible foreign currency assets shall be in the form of: a. Due from BSP Foreign Currency; b. Due from other banks (Other FCDUs/ EFCDUs, OBUs and non-resident banks); c. Investments in readily marketable foreign currency denominated debt instruments, except for the following: (1) those which are sold/lent in repurchase agreement/securities lending and borrowing transactions and those used as additional collateral in repurchase agreements or as collateral of the borrowing
APP. 16 10.12.31
APP. 92
bank in securities lending and borrowing transactions; (2) those investments in structured products; and (3) those Philippine debt papers which were restructured during the period of moratorium in the payment of external debt. Provided, That these shall likewise be booked under the same category in the RBU book/(in the FCDU/EFCDU book) as they were before the transfer from the FCDU/ EFCDU book/(from the RBU book). 2. Undivided Profits/(Losses). The transfer of Undivided Profits/(Losses) FCDU/EFCDU to the Retained Earnings Free account in the RBU book at the end of calendar or fiscal year adopted by the bank shall refer to net realized profits/(losses) only and shall exclude the following: a. Unrealized Gains/(Losses) from Marking to Market of Financial Assets and Liabilities Held for Trading (HFT); b. Unrealized Gains/(Losses) from Marking to Market of Financial Assets and Liabilities Designated at Fair Value through Profit or Loss (DFVPL); c. Foreign Exchange Profit/(Loss), (i.e., arising from revaluation of foreign exchange transactions); d. Unrealized Gains/(Losses) from Remeasurement of Hedging Instruments, and e. Unrealized Gains/(Losses) from Remeasurement of Hedged Items (collectively referred to as Net Unrealized Gains/(Losses) from Operations in this Appendix): Provided, That prior to the transfer of net realized FCDU/EFCDU profits/(losses) to the Retained Earnings Free
in the RBU book, the FCDU/EFCDU shall fully comply with BSPs provisioning requirements. The net realized and unrealized FCDU/ EFCDU profits/(losses) shall be credited/ (debited) to Undivided Profits/(Losses) FCDU/EFCDU at the end of each reference month which account shall be credited/ (debited) to Retained Earnings Free - FCDU/ EFCDU at the end of calendar or fiscal year adopted by the bank. The transfer of net realized FCDU/ EFCDU profits/(losses) to the RBU shall be made by a debit/(credit) to Retained Earnings Free FCDU/EFCDU and a corresponding transfer of eligible foreign currency assets from the FCDU/EFCDU to the RBU book/(from the RBU to the FCDU/ EFCDU book) within a period of one month from the end of the calendar or fiscal year adopted by the bank: Provided, however, That if after the transfer of net realized FCDU/EFCDU profits/(losses) the balance of Net Realized/Unrealized Losses Recognized in Profit or Loss and in Equity exceeds the balance of Due to RBU FCDU/EFCDU Net Realized/Unrealized Losses Recognized in Profit or Loss and in Equity, the bank shall transfer eligible foreign currency assets from the RBU to the FCDU/EFCDU book on the same date of transfer of the net realized FCDU/EFCDU profits/(losses) by a credit to Due to RBU FCDU/EFCDU Net Realized/Unrealized Losses Recognized in Profit or Loss and in Equity: Provided, further, That if after the transfer of net realized FCDU/EFCDU profits/(losses) the balance of Due to RBU FCDU/EFCDU Net Realized/Unrealized Losses Recognized in Profit or Loss and in Equity exceeds the balance of Net
APP. 92
APP. 16 10.12.31
Realized/Unrealized Losses Recognized in Profit or Loss and in Equity, the bank shall transfer eligible foreign currency assets from the FCDU/EFCDU to the RBU book on the same date of transfer of the net realized FCDU/EFCDU profits/(losses) by a debit to Due to RBU FCDU/EFCDU Net Realized/Unrealized Losses Recognized in Profit or Loss and in Equity. The amount of eligible foreign currency assets to be transferred from the RBU to the FCDU/ EFCDU book or from the FCDU/EFCDU to the RBU book, as the case may be, shall be that which will bring the balance of Due to RBU FCDU/EFCDU Net Realized/ Unrealized Losses Recognized in Profit or Loss and in Equity equal to the Net Realized/Unrealized Losses Recognized in Profit or Loss and in Equity. The balance of Retained Earnings Free FCDU/EFCDU account shall, after the transfer of net realized FCDU/EFCDU profits/(losses) to the RBU book, correspond to the cumulative unrealized gains/(losses) from operations from prior years arising from the following: a. Marking-to-market of Financial Assets and Liabilities Held for Trading (HFT); b. Marking-to-market of Financial Assets and Liabilities Designated at Fair Value through Profit or Loss (DFVPL); c. Revaluation of foreign exchange transactions;
d. Remeasurement of Hedging Instruments; and e. Remeasurement of Hedged Items. For purposes of this Appendix, Retained Earnings Free FCDU/ EFCDU, shall, in the case of Philippine branches of foreign banks refer either to Due to Head Office/Branches/Agencies Abroad Unremitted Profits not yet approved by the BSP FCDU/EFCDU if credit balance or Due from Head Office/ Branches/Agencies Abroad Losses in Operation of Philippine Branch of Foreign Banks FCDU/EFCDU if debit balance: Provided, That for purposes of determining compliance with FCDU/ EFCDU cover requirements the balance of Due to Head Office/Branches/ Agencies Abroad Unremitted Profits not yet approved by the BSP FCDU/EFCDU shall not be subject to FCDU/EFCDU asset and liquid asset cover requirements, while the balance of Due from Head Office/Branches/Agencies Abroad Losses in Operation of Philippine Branch of Foreign Banks FCDU/EFCDU shall not be offset against the Due to Head Office/Branches/Agencies account. The amended illustrative accounting entries on the transfer of FCDU/EFCDU profits/(losses) which shall supercede Appendix 85 is under Appendix 16.1 of the FX Manual.
(As amended by Circular No. 691 dated 23 June 2010)
APP. 92
APP. 17 09.12.31
Guidelines on the Conversion to Peso Loans/ROPA and Transfer to RBU of FCDU/EFCDU Loans/ROPA
A. FCDU/EFCDU loans may be transferred to the RBU without prior BSP approval, subject to the following conditions: i. The FCDU/EFCDU loan to be transferred must meet the following criteria: (a) current and performing; and (b) eligible to be serviced by the banking system: Provided, That a past due FCDU/EFCDU loan may be transferred to the RBU if it meets the following criteria: (a) eligible to be serviced by the banking system; (b) fully secured by real estate mortgage; (c) foreclosure of the collateral shall be effected within six (6) months from the date of transfer to the RBU if the loan remains to be past due; and (d) they are not eligible to be serviced by the banking system but loan is already outstanding as of 27 October 2000: Provided, further, That a past due partially secured or unsecured FCDU/ EFCDU loan shall only be eligible for conversion/transfer to RBU if part of a multi-creditor rehabilitation or work-out plan acceptable to all creditors where the said plan requires the conversion of FCDU/ EFCDU loans to peso; ii. There shall be actual settlement in foreign currency, simultaneous with the transfer, by the RBU to the FCDU/EFCDU of the total amount of foreign currencydenominated loans being transferred to the RBU using the prevailing foreign exchange/ conversion rate at the time of transfer; iii. The transfer and conversion of foreign currency-denominated loans from the FCDU/EFCDU books to the RBU books including the prevailing foreign exchange/ conversion rate to be used shall have the prior approval of the banks board of directors, or the Country Head, in case of branches of foreign banks, and the prior
written consent of the borrower whose account will be transferred/converted, except for loans covered by credit/loan agreement allowing the bank to unilaterally convert and transfer the FCDU/EFCDU loan in which case the prior written consent requirement may be dispensed with; iv. The converted/transferred FCDU/ EFCDU loans are properly documented/ covered by a written agreement/contract. Provided, That if the original loan agreement allows the bank to unilaterally convert/ transfer the FCDU/EFCDU loan to peso, the said loan agreement should indicate the general terms and conditions of the converted/transferred peso loan: Provided, further, That upon conversion/transfer, the borrower must be informed in writing of the peso loans new terms and conditions: Provided, finally, That once converted transferred to a peso loan, the same loan should not be converted back to an FCDU/ EFCDU loan; v. No income shall be recognized by the FCDU/EFCDU or RBU on the transfer of FCDU/EFCDU loans to RBU; vi. The status of the FCDU/EFCDU loan prior to the transfer, i.e., current or past due, performing or non-performing, and the loan classification, i.e., especially mentioned, substandard, doubtful or loss, shall be retained once the loan is transferred to the RBU books, which transfer shall also include the corresponding booked allowance for probable losses. B. FCDU/EFCDU ROPA may also be transferred to the RBU without prior BSP approval, subject to items ii to vi above; C. Conversions and transfers of FCDU/ EFCDU loans and ROPA to RBU books that do not meet the above guidelines shall be subject to prior Monetary Board approval; and
APP. 17 09.12.31
APP. 92
All foreign currency-denominated loans and ROPA in the FCDU/ EFCDU converted to peso and transferred to the books of the RBU shall be reported monthly to the BSP Supervision and Examination Sector within ten (10) banking days from end of reference month. The report, classified as Category B, shall include name of borrower, date
transferred/converted, outstanding balance in foreign currency in the FCDU/ EFCDU, peso amount booked in the RBU, prevailing foreign exchange rate used, status and classification on date of transfer, collateral (if any) and date approved by banks board Country Head. (A report is not required if no transfers were effected during the month.)
APP. 92
APP. 18 09.12.31
Guidelines and Minimum Documentary Requirements for Foreign Exchange Forward and Swap Transactions
The following is a list of minimum documentary requirements for foreign exchange forward and swap transactions. Unless otherwise indicated, original documents* shall be presented on or before deal date to banks. A. FORWARD SALE OF FOREIGN EXCHANGE TO COVER OBLIGATIONS DELIVERABLE AND NONDELIVERABLE 1. FORWARD SALE OF FOREIGN EXCHANGE TRADE 1.1 Trade Transactions 1.1.1. Under Letters of Credit (LC) a. Copy of LC opened; and b. Accepted draft or Commercial invoice/ Bill of Lading 1.1.2. Under Documents against Acceptances (DA)/Open Account (OA) Arrangements a. Certification of reporting bank on the details of DA/OA under Schedule 10 (Import Letters of Credits Opened and D/A-O/A Import Availments and Extensions) of FX Form 1 (Consolidated Report on Foreign Exchange Assets and Liabilities); b. Copy of commercial invoice. In addition to the above requirements, the bank shall require the customer to submit a Letter of Undertaking that: i. Before or at maturity date of the forward contract, it (the importer) shall comply with the documentation requirements on sale of foreign exchange for trade transactions under Appendix 4 of the Manual; and ii. No double hedging has been obtained by the customer for the covered transactions. 1.1.3 Direct Remittance Original shipping documents indicated in item II.a of Appendix 4 of the Manual, as amended. 2. NON-TRADE TRANSACTIONS Only non-trade transactions with specific due dates shall be eligible for forward contracts, and shall be subject to the same documentation requirements under Appendix 1 of the Manual, with the following additional guidelines for foreign currency loans and investments. 2.1 Foreign Currency Loans owed to non-residents or AABs 2.1.1 Deliverable Forwards The maturing portion of the outstanding eligible obligation, i.e., those that are registered with the BSP, including interest and fees thereon as indicated in the BSP registration letter, may be covered by a deliverable forward subject to the documentary requirements under Item B of Appendix 1 of the Manual. A copy of the creditors billing statement may be submitted on or before the maturity date of the contract. 2.1.2 NDFs The outstanding eligible obligation, i.e., those that are registered with the BSP, including interests and fees thereon as indicated in the BSP registration letter, may be covered by a NDF, subject to the documentary requirements under Item B of Appendix 1 of the Manual, except for the creditors billing statement which need not be submitted.
If copy is indicated, it shall mean photocopy, electronic copy or facsimile of original
APP. 18 09.12.31
APP. 92
The amount of the forward contract shall not exceed the outstanding amount of the underlying obligation during the term of the contract. 2.2 Inward Foreign Investments The unremitted amount of sales/maturity proceeds due for repatriation to non-resident investors pertaining to BSP-registered investments in the following instruments issued by a Philippine resident: a. shares of stock listed in the Philippine Stock Exchange (PSE); b. government securities; c. money market instruments; and d. peso time deposits with a minimum tenor of 90 days may be covered by FX forward contracts subject to the presentation of the original Bangko Sentral Registration Documents (BSRD) on or before deal date. However, for Item 2.2.a above, original BSRD or BSRD Letter-Advice, together with the brokers sales invoice, shall be presented on or before maturity date of the FX forward contract, which date coincides with the settlement date of the PSE transaction. Sales proceeds of BSP-registered investments in shares of stock that are not listed in the PSE may be covered by a deliverable FX forward contract only if determined to be outstanding as of deal date for the contract and payable on a specific future date as may be indicated in the Contract To Sell/Deed of Absolute Sale and subject to the same documentary requirements under Item C of Appendix 1 of the Manual. B. FORWARD SALE OF FOREIGN EXCHANGE TO COVER EXPOSURES DELIVERABLE AND NON-DELIVERABLE 1. TRADE (DELIVERABLE AND NON-DELIVERABLE) 1.1 Under LC
a. Copy of LC opened; and b. Proforma Invoice, or Sales Contract /Purchase Order 1.2 Under DA/OA, Documents Against Payment (DP) or Direct Remittance (DR) Any of the following where delivery or shipment shall be made not later than one (1) year from deal date: a. Sales Contract b. Confirmed Purchase Order c. Accepted Proforma Invoice d. Shipment/Import Advice of the Supplier In addition to the above requirements, the bank shall require the customer to submit a Letter of Undertaking that: i. At maturity of the forward contract, it shall comply with the documentation requirements on the sale of foreign exchange for trade transactions under Appendix 4 of the Manual; and ii. No double hedging has been obtained by the customer for the covered transactions. 2. NON-TRADE (NON-DELIVERABLE) The outstanding balance of BSPregistered foreign investments without specific repatriation date, appearing in the covering BSRD may only be covered by an NDF contract, based on its market/ book value on deal date, subject to prior BSP approval and if already with BSRD, presentation of the covering BSRD and the proof that the investment still exists (e.g., stock certificate, or brokers buy invoice, or confirmation of sale, or certificate of investment in money market instruments, or certificate of peso time deposits). Hedging of permanently assigned capital of Philippine branches of foreign banks/ firms is not allowed. C. FORWARD PURCHASE OF FOREIGN EXCHANGE Such foreign exchange forward contracts shall be subject to the banks
APP. 92
APP. 18 09.12.31
Know Your Customer policy and existing regulations on anti-money laundering. In addition, counterparties must be limited to those that are manifestly eligible to engage in foreign exchange forwards as part of the normal course of their operations, and which satisfy the banks suitability and eligibility rules for such transactions. D. FOREIGN EXCHANGE SWAP TRANSACTIONS 1. FOREIGN EXCHANGE SALE (first leg)/FORWARD FOREIGN EXCHANGE PURCHASE (second leg) The same minimum documentary requirements for sale of foreign exchange under Appendix 1 of the
Manual for non-trade transactions, and Appendix 4 of the Manual for trade transactions, shall be presented on or before deal date. 2. FOREIGN EXCHANGE PURCHASE (first leg)/FORWARD FOREIGN EXCHANGE SALE (second leg)The first leg of the swap will be subject to the banks Know Your Customer policy and existing regulations on anti-money laundering. The second leg of the swap will be subject to the swap contract between the counterparties. Swap contracts of this type intended to fund peso loans to be extended by nonresidents in favor of residents shall require prior BSP approval.
APP. 92
APP. 19 09.12.31
Implementing Guidelines on the Computation of Open Foreign Exchange (FX) Position of AABs and Reporting Requirements under FX Form 1
1. The following AABs shall render a daily report to the Supervisory Data Center (SDC) of the Supervision and Examination Sector (SES), on their net foreign exchange positions using Schedule 13 of FX Form 1: a) Universal Banks (UBs); and b) Commercial Banks (KBs) 2. The FX Form 1 together with all schedules shall be reported in USD equivalent except for Schedules 8 and 13 which shall be in multi-currency. All reports shall be submitted in accordance with Section 101 of the Manual. In addition, an end of month report (Schedule 14) which shall be in multi currency shall be submitted not later than, fifteen (15) banking days from end of reference month. 3. The data shall be reported in whole currency units (e.g. nearest USD1; EURO1, etc.). The original currencies to be reported in Schedule 13 and Schedule 14 shall be converted to USD using the foreign exchange rates provided in the BSP Reference Exchange Rate Bulletin. The report for a particular banking day shall use the foreign exchange rates in the said BSP Bulletin issued the next banking day. 4. The balances to be reported in Schedules 13 and 14 shall be sourced from the banks Multi Currency Control Ledgers (MCCL) or such other control records maintained by the reporting bank which contain the breakdown of foreign exchange assets and liabilities in their original currencies. The data from such MCCL or other control records should be equal to the balance of the corresponding accounts in the reporting banks general ledger.
5. All transactions for the reference date shall be included. Transactions with deficient documents shall be reflected in the schedules with appropriate footnotes. 6. For purposes of computing the net FX position of reporting banks, AABs shall use the total USD equivalent of their net FX position as reflected in Item E of Schedule 13 and as computed in item 3 above. 7. The reporting banks unimpaired capital as used in Schedule 13, shall be in accordance with the definition under Section X111 of the MORB and shall be converted to USD as in Item 3 above. AABs shall use the Unimpaired Capital Accounts as of the immediately preceding month-end. Thus, beginning with the month of February, end of month January balances shall be used for this purpose. 8. The following shall likewise be observed in the computation of banks net open FX position limit: a. A bank shall have the option to exclude from its FX assets the following: i. its foreign exchange holdings resulting from original investments in New Money Bonds (NMB), ii. Due from Head Office/Branches Agencies Abroad-Assigned Capital account, to the extent of the lower of assigned capital approved by the BSP or the amount of capital actually remitted; and iii. Amount of foreign currency denominated assets pertaining to the net proceeds of outstanding issues of foreign currency denominated Hybrid Tier 1 (HT1) capital instruments. Banks shall signify in writing to the BSP through the International Department, their
APP. 19 09.12.31
APP. 92
intention whether to exclude or to include their above assets from the computation of their net open FX position. Once a bank has opted to include (or to exclude) the said assets, the option signified can no longer be subsequently reversed or changed. b. The following accounts shall be excluded: i. 100% FX cover required by the foreign Monetary Authority to be deposited by Philippine UBs/KBs with its advising confirming bank in the foreign country for letters of credit issued; and, ii. Equity investments in foreign subsidiaries. c. Banks shall submit a supporting schedule in prescribed format (Annex O) on the Details of Accounts Excluded in the Computation of Net Open Exchange Position, which is an attachment to Schedule 13 of the FX Form I report. 9. Reporting. Banks shall submit a report on the daily consolidated foreign exchange position of banks which shall include a foreign currency position against pesos of any of the banks branches/offices, subsidiaries and affiliates, here and abroad whether or not they are financial institutions, as long as the banks and their shareholders officers exercise reasonable influence or control over them, as well as any entity that is engaged in foreign exchange trading or foreign exchange corporation that is affiliated with the banks either by ownership, management control or influence by banks, their retirement fund, officers, directors or shareholders. 10. While it is recognized that the principal reason for being of forex subsidiaries/affiliates of banks is to trade in foreign exchange, they are nevertheless discouraged from taking net foreign exchange positions and whatever net foreign exchange positions are kept or maintained by them, are to be consolidated into the total
net foreign exchange position of the respective banks with whom they are affiliated or are subsidiaries of. The monthly certification by the President/Chief Executive Officer (CEO) or Country Manager (in case of branches of foreign banks) and Treasurer of the banks as well as the daily reportorial requirement on consolidated foreign exchange position of banks as required shall continue to be in effect. The Certification, as amended, by the President/CEO or Country Manager and Treasurer in the form and language substantially similar to the sample certification shown in Annex P and P.1, shall be deemed to satisfy and to be in compliance with this requirement. 11. UBs/KBs with expanded authority to write options shall include the net delta weighted positions of foreign currency options in their computation of the net FX position. UBs/KBs without authority to write options shall include the notional amounts of purchased options that are in or at the money and exclude those that are out of the money in their computation of the net FX position. The USD equivalent of the positions arising from foreign currency options shall be reported as a manual adjustment to the net FX position amount reported in the banks Consolidated Foreign Exchange Position Report (CFXPR). For banks with authority to write options, the USD equivalent of the foreign currency options position is equal to the sum of long delta weighted positions minus the sum of short delta-weighted positions arising from FX options contracts. The breakdown of the options positions by currency and a listing of outstanding contracts shall be annexed to the CFXPR. The amended format of the CFXPR, the detailed schedule for options positions, and the listing of outstanding contracts for banks with and without authority to write options (Annex C of the
APP. 92
APP. 19 09.12.31
CFXPR) are attached as Annexes Q, R and R.1, S and S.1. Bank shall submit the report on the daily consolidated foreign exchange position of Banks to the Supervisory Data Center of the BSP. Deadline of submission of Consolidated Foreign Exchange Position Report (CFXPR) shall be on the third (3rd) banking day after reference date, to allow the banks more time to consolidate all transactions of branches, affiliates and subsidiaries. The reports submitted should be properly signed by the authorized Officer of the bank. Faxed reports shall be considered received within the prescribed deadline provided these are signed and the
original is transmitted the following day. The monthly certification by the CEO and Treasurer in the form and language, as corrected, shall be submitted at the end of each month but not later than five (5) banking days from reference month. Banks that have certified that they do not have any affiliate/ subsidiary need no longer submit the consolidated FX position report and monthly certification for the purpose. Late or incomplete submission within the above prescribed deadline shall constitute violation of the BSP reportorial requirements and subject the bank concerned to the fines and penalties provided under Section 103 of the Manual.
App. 93 10.12.31
PROCESSING GUIDELINES FOR MICROFINANCE OTHER BANKING OFFICES OR MICROBANKING OFFICES

(Appendix to Subsection X160.3)
The establishment of other banking offices and the notes on microfinance shall be guided by the following processing guidelines: The processing of applications will be undertaken in a two-stage process. Stage 1: Letter of Intent and Prequalification Stage 2: Business Plan (Strategic and Operational Plan Assessment) Stage 1: The applicant QB shall submit a letter of intent duly authorized by the Board of Directors, signed by the President or equivalent rank. The letter will be evaluated by the appropriate Supervision and Examination Sector (SES) Department based on safety and soundness considerations. Stage 2: The applicant QB will be required to submit a business plan containing the strategic and operational details. Among others, such plan shall address the following questions: 1.Why is the QB establishing microbanking offices and how does it relate to the overall corporate strategy? 2. How many are to be established in the next 1 (one) year, 3 (three) years, 5 (five) years? Where are these to be established? Why have these areas been identified? 3. What are the products and services to be offered? 4. How is the expansion to be funded? 5. How does the QB plan to maintain adequate command and control over the expanded network? 6. The proposed MBOs are to be linked operationally to which branches?
7. How does the QB propose to comply with the minimum fifty percent (50%) microfinance transaction requirement per MBO? (Microfinance transactions comprise of micro-loans and micro-deposits) 8. What is the policy on the minimum cash position of the MBO? This shall include arrangement for replenishment. 9. What are the management and organizational arrangements for the MBO? This shall include proposed staffing pattern and functions and qualification of the personnel in accordance with the requirements in X160.3. 10. What are the Management Information Systems (MIS) and financial accounting arrangements to support customer handling and proper recording and reporting of transactions? 11. What are the physical security arrangements? These arrangements shall be included in the overall security program of the bank. A final decision will be made based on the quality of Stage 2 submissions. Stage 2 submissions will be evaluated whether the proposed operational plan is commensurate and proportionate to the strategy to ascertain safe and sound MBO operations. A QB may apply for additional MBOs, after six (6) months from approval of the initial set/batch. All MBOs must be opened within one (1) year from their approval. If not deemed satisfactory, the application may be denied. Re-application shall only be allowed after six (6) months from the date of receipt of denial. All applications are to be submitted through the Central Application and Licensing Group (CALG) of the SES.
(M-2010-040 dated 04 November 2010)
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GUIDELINES ON THE GRANT OF REGULATORY RELIEF UNDER THE STRENGTHENING PROGRAM FOR RURAL BANKS (Appendix to Subsec. 3108.3) The following are the guidelines and the documentary requirements (Annex A) on the grant of regulatory relief under the Strengthening Program For Rural Banks (SPRB). Said guidelines contain the merger or consolidation incentives which recipient RBs under the SRPB may avail in accordance with the provisions of the guidelines. The SRPB is a joint undertaking of the BSP and the Philippine Deposit Insurance Corporation (PDIC) aimed at promoting mergers and consolidations as a means to further strengthen the rural banking system through the grant of financial assistance (FA) by the PDIC and regulatory relief by the BSP to eligible strategic third party investors (STPIs) which shall be RBs, desiring to enter into mergers and consolidations with eligible distressed RBs that may be considered under the SPRB. Constituent RBs may, subject to prior BSP approval, avail themselves of any or all of the following merger or consolidation incentives under the SPRB: 1. Conversion of the existing head offices, branches and/or extension offices of the merging or consolidating RBs into head office, branches or extension offices of the merged/consolidated RB; 2. Relocation/opening of existing/ approved but unopened branches, extension offices and/or other banking offices of the merged/consolidated RB within two (2) years from date of merger or consolidation subject to applicable requirements on relocation of branches, extension offices and/or banking offices; 3. Condonation of liquidated damages on past due rediscounting/emergency loans and/or monetary penalties for violation of BSP issuances on rediscounting/emergency loans of eligible RBs as of the end of the month immediately preceding the date of request for loan restructuring; 4. Restructuring of past due rediscounting/emergency loans of the eligible RBs with the BSP, subject to compliance with the following guidelines: a)Amount to be restructured The amount to be restructured shall consist of the following: Principal outstanding balance of the principal obligation as of the end of the month immediately preceding the date of request for loan restructuring. Accrued interest accrued interest on the outstanding principal obligation as of the end of the month immediately preceding the date of request for loan restructuring. b) Interest rate Only the restructured principal obligation shall be charged interest at the rate equal to the prevailing 364-day treasury bill rate of the last auction immediately preceding the date of request for loan restructuring. No interest shall be charged on the restructured accrued interest. c)Terms of repayment The amount to be restructured shall be paid by the merged/consolidated RB in monthly amortizations over a period not exceeding ten (10) years. d) Collateralization A surety agreement shall be executed by the stockholders owning at least sixty seven percent (67%) of the shares of stock of the merged/consolidated RB. e. Default clause i. Event of default failure to pay two (2) amortizations shall constitute an event of default and shall render the entire obligation due and demandable.
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ii. Consequence of default the amount of liquidated damages on past due rediscounting/ emergency loans waived shall be restored and the payments already made shall be re-applied, first to liquidated damages, and the balance, if any, to interest, then to the principal loan. Monetary penalties for violation of BSP issuances on rediscounting, if any, shall also be restored and payment thereof in full shall be demanded against the defaulting merged/ consolidated RB. iii. Legal action The BSP may institute appropriate legal action without further need for demand or notice to the defaulting merged/consolidated RB. f) Documentary requirement The merged/consolidated RB shall execute a Letter of Understanding with the BSP covering the terms and conditions of the approved restructured loan/s together with the authority for the BSP to debit the surviving/consolidated RBs demand deposit account with the BSP for the amortizations due. Documentary requirements in applying for the regulatory relief are attached as Annex A. 5. Preferred shares for staggered redemption. The shares for staggered redemption shall be the LBP preferred shares of stock of the eligible RBs, representing the rediscounting arrearages with BSP converted into LBP equity. Repayment arrangement should be made by the merged or consolidated RB directly with the LBP.
a)Dividend rate The dividend rate shall be four percent (4%). b) Redemption term The staggered redemption shall be effected by the merged/ consolidated RB in monthly installments over a period not exceeding ten (10) years. c)Waiver of dividends Dividends due on the LBP preferred shares of stock of the eligible RBs as of date of merger or consolidation shall be waived. d) Documentary requirement Upon approval, the merged/ consolidated RB shall execute a written agreement with the LBP for the staggered redemption of LBP preferred shares of stock of the eligible RBs, copy furnished the BSP. 6. Rediscount ceiling of at least 150% of the adjusted capital accounts of the merged/ consolidated RB for a period of one (1) year reckoned from the date of merger or consolidation, subject to compliance with the existing eligibility requirements of the BSP as provided under Subsec. X268.3. 7. Waiver of monetary penalties imposed on the eligible RBs for violations of existing laws and BSP rules and regulations, except penalties accruing to the other parties, e.g. Micro, Small and Medium Enterprises), as amended, and Agriculatural Guarantee Fund Pool (AGFP) and Philippine Corp. Insurance Corporation (PCIC) as provided under Section 10 of R.A. No. 10000 (The Agri-Agra Reform Credit Act of 2009), as of date of merger/consolidation.
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Annex A STENGTHENING PROGRAM FOR RURAL BANKS Documentary Requirements 1. Articles of Merger or Consolidation duly signed by the President or Vice President and certified by the corporate secretary or assistant corporate secretary of each of the Eligible STPI and Eligible RB (constituent institutions) setting forth the following as required in Section 78 of the Corporation Code: - The Plan of Merger or Consolidation; - The number of shares outstanding; and - The number of shares voting for and against the Plan, respectively. 2. Plan of Merger or Consolidation setting forth the following: - The names of the constituent institutions; - The terms of merger or consolidation and the mode of carrying the same into effect; - A statement of the changes, if any, in the Articles of incorporation of the surviving institution in the case of merger; and in the case of consolidation, all the statements required to be set forth in the Articles of Incorporation; and - Such other provisions with respect to the proposed merger or consolidation as are deemed necessary or desirable. 3. Resolution of the Board of Directors of the respective constituent institution approving the Plan of Merger or Consolidation. The resolution shall be certified under oath by the respective corporate secretaries of the constituent institutions; 4. Resolution of the meeting of the stockholders in which at least two-thirds (2/3) of the outstanding capital stock of each constituent institution have approved the plan of merger or consolidation. The resolution shall be certified under oath by the respective corporate secretaries of the constituent institutions; 5. Financial statements: - Latest financial statements as of month immediately preceding the date of application and latest three (3) year audited financial statements of the constituent institutions; and - Ten (10)-year financial projections with valid assumptions of the merged or consolidated institutions balance sheet and income statement. 6. List of regulatory relief the constituent institutions will avail from BSP; 7. Letter to BSP requesting restructuring of past due rediscounting/ emergency loan; and letter to LBP requesting staggered redemption of matured LBP preferred shares; 8. List of stockholdings of each of the constituent institutions before and after the merger; 9. List of directors and officers of each of the constituent institutions; 10. List of proposed officer and directors of the merged or consolidated institution and the summary of their qualifications; 11. Organizational chart of the merged or consolidated institution including the number of offices and location thereof; 12. Inter-company transactions relative to the submitted Financial Statements; 13. Computation of Risk Based Capital Adequacy Ratio on the submitted financial statements;
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14. Schedule of unbooked valuation reserves based on the latest BSP-ROE; 15. Viable operational plan with the following components: - Marketing strategies - Proposed target market - Proposed loan portfolio diversification - Deposit generation - Proposed improvements in accounting system - Operational control - Computerization plan - Communication system 16. The appraisers report of reappraisal of bank premises, if any, done by an independent and licensed appraiser;
17. Proposed increase of capital stock of surviving bank; 18. Proposed amendments in the articles of incorporation of surviving bank; 19. Directors certifcate (surviving bank) on the proposed amendment of the Articles of Incorporation increasing the authorized capital stock; 20. Copy of due diligence report on the eligible RB, if any; and 21. Any other reasonable requirement deemed material in the proper evaluation of the merger or consolidation as may subsequently be requested by the BSP and/ or PDIC.
(Circular 693 dated 06 August 2010)
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GUIDELINES ON OUTSOURCING OF SERVICES BY ELECTRONIC MONEY ISSUERS (EMIs) TO ELECTRONIC MONEY NETWORK SERVICE PROVIDERS (EMNSP) (Appendix to Subsec. X780.11) I. Statement of Policy. It is the goal of the BSP to achieve a truly inclusive financial system. In line with achieving this goal, the BSP recognizes the potential of electronic money (E-Money) as an instrument to facilitate delivery of financial services affordably to the low-income, unbanked or undeserved segments of the population, particularly in non-urbanized areas. The BSP likewise recognizes that efficient and effective delivery of financial services may necessitate Electronic Money Issuers (EMI) to develop business models that utilize outsourcing arrangements, considering the specialized operational and technological requirements in an E-money business. Outsourcing, however may introduce an EMI to certain operational and reputational risks that need to be properly managed. The BSP hereby issues the following guidelines to govern the outsourcing of E-Money related services. II. Definition. An Electronic Money Network Service Provider (EMNSP) shall refer to a non-financial institution that provides automated systems, network infrastructure, including a network of accredited agents utilizing the systems, to enable clients of an EMI to perform any or all of the following: a. Convert cash to E-money and monetize e-money; b. Transfer funds from one electronic wallet to another; c. Use E-money as a means of payment for goods and services; and d. Conduct other similar and/or related e-money activities/transactions. III. Application to outsource. An EMI intending to outsource the services
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contemplated under Item 2 shall limit itself to an EMNSP as an outsource entity, and shall follow the procedures for outsourcing information technology systems/processes as provided under Subsec. X162.2. In addition to the documentary requirements under said Subsec., an EMI should also submit a certification signed by its President or any officer of equivalent rank and function certifying that a due diligence review had been conducted and that the selected EMNSP has met the minimum requirements provided under Item V. IV. Responsibilities of an EMI. Relative to the outsourcing of services to an EMNSP, it shall be the responsibility of an EMI to: a. Conduct due diligence review on an EMNSP in accordance with Item V; b. Ensure that the relationship/ arrangement with an EMNSP is supported by a written contract that should contain, at a minimum, the requirements prescribed under Subsec. X162.2. The contract should also stipulate that: (1) the EMNSP shall allow the BSP to have access and to examine the E-money system, network infrastructure, operation of the network of accredited agents and all operations related to E-money services being outsourced by the EMI for the purpose of assessing the confidentiality, integrity, and reliability of the E-money system and determining compliance with BSP rules and regulations; (2) that the EMNSP shall not further outsource or subcontract the activity being outsourced to the EMNSP; and (3) that interconnection by the EMNSP with other networks shall be limited to networks of other EMNSPs and the BSPrecognized ATM consortia.
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c. Ensure that the EMNSP employs a high degree of professional care in performing the outsourced activities as if these were conducted by the EMI itself. This would include, among others, making use of monitoring and control procedures to ensure compliance at all times with applicable BSP rules and regulations; d. Ensure that the EMNSP has an accreditation process in the selection of agents participating in the retail network for the conversion of cash to E-money and its monetization and that the EMNSP has instituted mechanism to manage sufficient liquidity in the system/network. e. Ensure that the EMNSP enforces a program that requires all cash-in and cash out agents under its network to undergo AML trainings and re-trainings every two (2) years; and f. Comply with all laws and BSP rules and regulations covering the activities outsourced to the EMNSP, especially on compliance with anti-money laundering (AML) requirements. V. Due Diligence and Continuing Operational Review. Prior to entering into an outsourcing arrangement with an EMNSP, an EMI should conduct appropriate due diligence review to assess the capability of an EMNSP in performing the service to be outsourced. The due diligence should take into consideration both qualitative and quantitative factors affecting the performance of the outsourced service, such as the financial condition and results of operation for the previous year/s, risk management practices, technical expertise which involve monitoring the velocity of e-money transactions and aggregation of monthly limits, among others, market share, reputation (both the company and its stockholders) and compliance with
anti-money laundering requirements and BSP rules and regulations. An EMI should make sure that the EMNSP adheres to international standards on IT governance, information security, and business continuity in the performance of its outsourced activities. An EMI should endeavor to obtain independent reviews and market feedback on the EMNSP to supplement its own findings. Operational review by an EMI of the EMNSP should be undertaken at least on an annual basis as part of risk management. This review should be documented as part of an EMIs monitoring and control process. VI. Delineation of Responsibilities. The EMI and EMNSP shall identify, delineate and document the responsibilities and accountabilities of each party as regards the outsourcing arrangement, including planning for contingencies. Notwithstanding any contractual agreement between an EMI and an EMNSP on the sharing of responsibility, the EMI shall be responsible to its customers, without prejudice to further recourse, if any, by the EMI to the EMNSP. VII. Confidentiality and Security. An EMI should review and monitor the security practices and control processes of the EMNSP on a regular basis, including commissioning or obtaining periodic expert reports on adequacy of security to maintain the confidentiality and integrity of data, and compliance with internationallyrecognized standards in respect to the operations of the EMNSP. Considering that the EMNSP may service more than one EMI, the EMI should ensure that records pertaining to its transactions are segregated from those of other EMIs. The EMI and EMNSP shall identify circumstances under which each party has
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the right to change security requirements. An EMNSP should be required to report immediately any security breaches to the EMI. In addition, the EMI should make sure the EMNSP have documented business continuity plans in place and that said plan periodically reviewed and tested with no significant test findings. An EMNSP shall provide the EMI with timely and adequate notification on any adverse development that may impact the formers performance and delivery of service to the EMI. VIII. EMI-Others intending to be an EMNSP. An EMI-Others that intend to be an EMNSP because of its specialized technical expertise shall comply with the requirements for an EMNSP. In addition, an EMI-Others shall undertake riskmitigating measures to ensure that liquid assets, corresponding to the outstanding balance of E-money issued by the EMI-
Others and maintained pursuant to Sec. X780 and Subsecs. X780.1 to X780.7, be insulated from risks arising from its liabilities as EMNSP. These measures may include ring fencing the liquid assets through an escrow or trust account in a financial institution acceptable to BSP. IX. Sanctions. Violations committed by EMIs pertaining to outsourcing of activities to EMNSP shall be subject to monetary penalties as graduated under Appendix 29 and/or other non-monetary sanctions under Section 37 of RA No. 7653. X. Transitory Provisions. EMIs that were granted an authority to outsource their E-Money activities to an EMNSP may continue to exercise such authority provided that they have to conform to this guidelines within a six (6)-month period from date of its effectivity.
(Circular No. 704 dated 22 December 2010)
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Annex A
Deadline Within Five (5) banking days from date of reclassification
CERTIFICATION ON COMPLIANCE WITH RULES AND REGULATIONS ON THE RECLASSIFICATION OF REAL AND OTHER PROPERTIES ACQUIRED (ROPA) TO BANK PREMISES, FURNITURE, FIXTURE AND EQUIPMENT
(Name of Bank)
I hereby certify that the reclassification of Real and Other Properties Acquired (ROPA) to Bank Premises, Furniture, Fixture and Equipment was made in accordance with the provisions of Subsec. X160.3 of the MORB, in particular, I certify that: 1. The reclassification, which involves the property(ies) described in Schedule 1 was duly authorized by ( name of bank )s board of directors, in a (specify whether regular/special meeting of the board) held on (specify date of board meeting) for the purpose stated therein; The approval of said reclassification was manifested in a resolution passed by the board of directors of ( name of bank ) during the meeting, a certified true copy of which is attached as Annex A. Said resolution of the board of directors, a;ong with the supporting records and documents involving the reclassified ROPA account, shall be made available for inspection by BSP examiners; Only such acquired asset or a portion thereof, that will be (i) immediately used, or (ii) ready and available for use within a two (2)-year period from the date of reclassification (in case of ROPA earmarked for future use) was reclassified to Bank Premises, Furniture, Fixture and Equipment; ROPA reclassified to Bank Premises, Furniture, Fixture and Equipment was recorded at its net carrying amount where the amounts booked as cost, accumulated depreciation and allowance for losses for bank premises, furniture, fixture and equipment corresponds to the balance of these accounts under ROPA at the time of reclassification. As such no gains/(losses) were recognized in our books from such reclassification; and
2.
3.
4.
5. The reclassification did not cause the bank to exceed the prescribed ceiling on investment in real estate and improvements thereon, including bank equipment, under Subsection X160.2 of the MORB, as shown below. Before After Description Reclassification Reclassification Ratio of bank's investment in real estate andimprovements thereon, including bank equipment, to net worth Signature above Printed Name President/Officer of Equivalent Rank Date _________________ SUBSCRIBED and SWORN to before me, this ______ day of _______________, affiant exhibiting his Community Tax Certificate as indicated below: Community Tax Name Certificate No. Date/Place of Issue Notary Public _____________________ _____________________ _____________________ _____________________
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GUIDELINES GOVERNING THE IMPLEMENTATION/EARLY ADOPTION OF PHILIPPINE FINANCIAL REPORTING STANDARDS (PFRS 9) FINANCIAL INSTRUMENTS (Appendix to Subsec. X191.3) Section 1. Statement of Policy It is the policy of the Bangko Sentral to promote fairness, transparency and accuracy in financial reporting. It is in this light that the BSP aims to adopt all Philippine Financial Reporting Standards (PFRS) and Philippine Accounting Standards (PAS) to the greatest extent possible. Section 2. Classification and Measurement of Financial Assets and Financial Liabilities under PFRS 9 PFRS 9 shall apply to financial assets and financial liabilities within the scope of Philippine Accounting Standards (PAS) 39. FIs shall classify and measure financial assets and financial liabilities in accordance with the provisions of PFRS 9 upon its initial application. FIs shall likewise observe the following guidelines in the implementation of PFRS 9: 1. Classification of financial assets. Financial assets that are debt instruments shall be classified as subsequently measured at either amortized cost or fair value based on the (a) FIs business model for managing financial assets, and (b) the contractual cash flow characteristics of the financial asset. Financial assets that are equity securities shall be classified at either fair value through profit or loss (FVPL) or irrevocably designated at initial recognition at fair value through other comprehensive income (DFVOCI). 2. Business model for managing financial assets. An FIs business model pertains to the manner by which it actually manages its business or portfolio of financial instruments. An FIs business model need not be assessed at the level of the FI. The business model criteria may be applied at the level of a portfolio of financial instruments (i.e., group of financial instruments that are managed together by the FI) but not on an instrument-by-instrument basis (i.e., not based on intention for each individual financial instrument). This may include, for instance, a portfolio of investments that an FI manages in order to collect contractual cash flows and another portfolio of investments that an FI manages in order to trade to realize fair value changes. An FIs business model for managing financial assets shall be documented and approved by the FIs board of directors or its equivalent governing body. The documentation shall include, at a minimum, the following: a. clearly documented policies and procedures on the specific business model for managing financial assets and for measuring/ evaluating performance of those financial assets within a specific business model; b. type and frequency of reports which shall be presented to management to measure/evaluate performance of financial instruments within a specific business model; and c. accountable officers and their specific responsibilities with respect to the management, monitoring and evaluation of the performance of financial instruments within a specific business model. 3. Financial assets measured at fair value through profit or loss (FVPL). A financial asset shall be measured at fair value through profit or loss, except in the following cases: a. The financial asset is part of a hedging relationship, in which case the provisions of PAS 39 on hedge accounting shall apply; b. The financial asset that is an equity security that is not held for trading and is irrevocably elected upon initial recognition to be measured at fair value through other comprehensive income as provided under Item No. 5; or c. The financial asset that is a debt instrument is measured at amortized cost as provided under Item No. 7. Financial assets measured at fair value through
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profit or loss shall consist of the following: a. Financial assets held for trading (HFT) as defined in PFRS 9; b. Financial assets designated at fair value through profit or loss (FA DFVPL) as defined in PFRS 9; and c. Other financial assets mandatorily measured at fair value through profit or loss (FA MMFVPL) under PFRS 9. Investments in hybrid securities, securities overlying securitization structures and other structured products shall be measured at FVPL, unless these meet the criteria for amortized cost measurement in accordance with PFRS 9. Investments in credit-linked notes (CLNs) and similar structured products with embedded credit derivatives, as defined under Section 1628), including those that were reclassified from HFT to Available for Sale (AFS)/Held to Maturity (HTM)/ Unquoted Debt Securities Classified as Loans (UDSCL) or from AFS to HTM/UDSCL in accordance with the reclassification rules under Appendix 33, shall be classified and measured at FVPL upon initial application of PFRS 9. The accounting treatment for investments in CLNs and other structured products under Appendix 66a and the guidelines on the reclassification of CLNs and other similar instruments that are linked to the ROP under BSP Memorandum No. M-2009-012 dated 16 April 2009 shall no longer apply to financial assets that are accounted for in accordance with PFRS 9. 4. Financial assets designated at fair value through profit or loss (DFVPL). An FI may, at initial recognition, designate financial assets that are debt instruments as measured at fair value through profit or loss in accordance with the conditions mentioned under PFRS 9, subject to the following requirements: a. FIs shall have in place appropriate risk management systems (including related risk management policies, procedures and controls) prior to initial application of the fair value option for a particular activity or purpose and on an ongoing basis;
b. FIs shall apply the fair value option only to instruments for which fair values can be reliably estimated; and c. FIs shall provide BSP with supplemental information as may be necessary, to enable BSP to assess the impact of the FIs use of the DFVPL option. 5. Equity securities designated at fair value through other comprehensive income (DFVOCI). Financial assets that are equity securities that are not held for trading may be irrevocably elected at initial recognition by an FI to be accounted for as at fair value through other comprehensive income, subject to the conditions provided under PFRS 9. Unrealized gains/(losses) arising from changes in fair value of investment in equity securities classified as DFVOCI, including any related foreign exchange gains/(losses), shall be credited/ (charged) to Other Comprehensive Income (OCI) under the equity section of the balance sheet: Provided, That the realized gains/(losses) on sale or derecognition of equity securities booked under the DFVOCI account shall be credited/(charged) to the Retained Earnings Free account on sale/ derecognition date. 6. Investments in unquoted equity securities. Investments in unquoted equity securities shall be recorded at fair value from the date of initial application of PFRS 9. However, in limited circumstances, cost may be an appropriate measure of fair value. For this purpose, FIs shall be guided by the provisions of PFRS 9 in making its assessment. 7. Financial assets measured at amortized cost a. Classification criteria Financial assets that are debt instruments, other than those that are DFVPL, which meet all of the following conditions shall be measured at amortized cost: i. The financial asset is held within a business model whose objective is to hold financial assets in order to collect contractual cash flows; and ii. The contractual terms of the financial asset give rise on specified dates to cash flows that are
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solely payments of principal and interest on the principal amount outstanding. b. Hold to collect contractual cash flows (HTC) business model In addition to those provided under PFRS 9, the following instances are, likewise, deemed inconsistent with an HTC business model; hence, should not qualify for amortized cost measurement category: i. a portfolio of debt instruments that is managed in order to benefit from actual or expected price movements/fair value changes (e.g., changes in credit spreads, yield curve, etc.) or to lock in arbitrage profits; ii. a portfolio of debt instruments held for market-making by an FI who is a market maker in those instruments (e.g., government securities); iii. positions in debt instruments which arise from the execution of trade orders from customers; or iv. a portfolio of debt instruments that is managed and evaluated on a fair value basis in accordance with a documented risk management or investment strategy as evidenced by management reports provided to senior management. A more than infrequent sale of financial assets in a portfolio of debt instruments measured at amortized cost shall be assessed as to whether such sales are consistent with an HTC business model. The following sales/derecognition of financial assets shall not be considered inconsistent with an HTC business model: (1) sales which no longer meet the FIs investment policy (e.g., due to downgrade in credit rating below that required by the entitys investment policy); (2) sales of financial assets in order to fund capital expenditures; (3) sales of financial assets to reflect the change in expected timing of payouts; (4) sales which are so close to maturity (e.g., less than three months) or the securitys call date that changes in the market rate of interest would not have a significant effect on the securitys fair
value; (5) sales that occur after the FI has substantially collected all of the securitys original principal through scheduled payments or prepayments. (6) sales attributable to an isolated event that is beyond the FIs control, is non-recurring and could not have been reasonably anticipated by the FI (e.g., a run on a bank); (7) sales attributable to a change in tax law that eliminates or significantly reduces the tax exempt status of interest on the security under the amortized cost category; (8) sales attributable to a major combination or major disposition that necessitates the sale of securities under the amortized cost category to maintain the FIs interest rate risk position or credit risk policy; (9) sales attributable to a change in statutory or regulatory requirements significantly modifying either what constitutes a permissible investment or the maximum level of particular investments, thereby causing the FI to dispose a security under the amortized cost category; (10) sales attributable to a significant increase in regulatory capital requirements that causes the FI to downsize by selling securities under the amortized cost category; (11) sales attributable to a significant increase in the risk weights of securities under the amortized cost category used for regulatory riskbased capital purposes; and (12) sales/derecognition attributable to the changes in the payment structure as initiated by the creditor (e.g., bond swap or exchange, options, changes in tenor and other related debt restructuring). An FI shall clearly document in its policies and procedures the instances and the manner by which sales of financial assets under the amortized cost category would not be inconsistent with the HTC business model in accordance with PFRS 9 and the requirements of this Appendix. Any sale/derecognition of financial assets under the amortized cost category shall be documented by the FI. The documentation shall
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include, at a minimum, the following information: i. details of the financial asset sold/ derecognized; ii. gain or loss on sale/derecognition; and iii. the specific reason/s for derecognizing the financial asset and a justification on how such sale/ derecognition is consistent with the HTC business model. c. Amortized cost of financial assets at date of initial application. The amortized cost of financial assets that are reclassified from the fair value category (i.e., HFT, DFVPL, AFS) to the amortized cost category at the date of initial application of PFRS 9 shall be determined retrospectively (i.e., using the original acquisition cost and the original effective interest rate at the date of acquisition) in accordance with the provisions of PFRS 9, except in cases when it is impracticable to do so, as defined in PAS 8, in which case the fair value of the financial asset at the date of initial application of PFRS 9 shall be treated as the new amortized cost of that financial asset at the date of initial application. The retrospective determination of amortized cost at initial application of PFRS 9 under the preceding paragraph shall, likewise, apply to financial assets accounted for under the amortized cost category under PFRS 9 that were reclassified from the HFT and AFS categories to the HTM and the UDSCL categories in accordance with the reclassification guidelines under Annex A of Appendix 33. In the case of financial assets reclassified from AFS to the HTM/UDSCL category under Annex A of Appendix 33, any remaining balance (i.e., unamortized amount) of previously recognized net unrealized gains/(losses) under the Other Comprehensive Income - Net Unrealized Gains/ (Losses) on AFS Financial Assets account in the balance sheet that correspond to those reclassified AFS financial assets shall be closed to the appropriate accounts upon initial application of PFRS 9. 8. Classification of financial liabilities. Financial liabilities shall be classified as
subsequently measured at amortized cost using the effective interest method, except for: a. Financial liabilities which are part of a hedging relationship, in which case the provisions of PAS 39 on hedge accounting shall apply; b. Financial liabilities measured at fair value through profit or loss; and c. The following financial liabilities which shall be subsequently measured in accordance with the provisions of PFRS 9 : i. Financial liabilities that arise when a transfer of a financial asset does not quality for derecognition or when the continuing involvement approach applies; ii. Financial guarantee contracts, as defined under Appendix A of PFRS 9 ; and iii. Commitments to provide a loan at a below-market interest rate. 9. Financial liabilities measured at fair value through profit or loss. Financial liabilities measured at fair value through profit or loss shall consist of the following: a. Financial liabilities HFT, including derivative liabilities that are not accounted for as hedging instruments, and b. Financial liabilities designated at fair value through profit or loss. 10. Financial liabilities designated at fair value through profit or loss (DFVPL). An FI may, at initial recognition, irrevocably designate financial liabilities at fair value through profit or loss subject to the conditions mentioned under PFRS 9 and the regulatory requirements for financial assets DFVPL under Item No. 4 above. Net unrealized gains/losses arising from changes in the fair value of financial liabilities DFVPL shall be recognized in profit or loss: Provided, That those net unrealized gains/losses that are attributable to changes in the liabilitys credit risk shall be recognized in Other Comprehensive Income (OCI), Provided, however, That if the recognition of net unrealized gains/losses in OCI would create or enlarge an accounting mismatch in the FIs profit or loss, the FI shall present all net unrealized gains/losses on
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that financial liability DFVPL in profit or loss. 11. Reclassification of financial assets and finacial liabilities. a. Financial assets shall be reclassified when, and only when, an FI changes its business model for managing financial assets in accordance with the provisions of PFRS 9 and of this Appendix. Reclassifications other than due to change in business model are not permitted. A change in an FIs business model is expected to be very infrequent and must be determined as a result of external and internal changes that are significant to the FIs operations and demonstrable to external parties. Hence, such change in business model must be approved by the FIs board of directors or its equivalent governing body, and such fact properly documented. The documentation, at a minimum, shall include the following information: a. A certified true copy of the board resolution approving the change in the business model for managing financial assets; b. The reasons for the change in the FIs business model and how it is aligned with the objectives and strategies of the FI; c. A description of the new business model; and d. A qualitative description of the new business models implication on the FIs financial statements. In addition to the foregoing items, the BSP may require additional documents from FIs to support the reclassification of financial assets due to change in business model. A change in the objective of the entitys business model must be effected before the reclassification date. An FI shall not effect a reclassification within the period of change in the business model. Any reclassification of financial assets due to change in business model should take effect from the beginning of the next reporting period of the FIs financial statements: Provided, That the change in business model shall be disclosed in the financial statements in the period of change
consistent with PFRS 7 Financial Instruments: Disclosures which require among others the disclosure of an entitys objectives, policies and processes for managing the risk from financial instruments and any changes to those objectives, policies, and procedures. b. Financial liabilities shall not be reclassified. 12. Operations and Accounting Manual. An FI shall maintain an operations and accounting manual on the classification and measurement of financial assets and financial liabilities which shall be consistent with PFRS 9 and the provisions of this Appendix . The said manual shall cover processes and procedures that will capture the reconfiguration and/or modification of existing systems, interface and data requirements, changes to the chart of accounts and implementation of new accounting/information systems to ensure compliance with the PFRS/PAS and the reportorial requirements of the SEC and the BSP, as applicable. Section 3. Early Adoption of PFRS 9 The guidance provided in this Section shall apply to FIs that early adopt PFRS 9 prior to 01 January 2013. The date of initial application of PFRS 9 is the date when the FI first applies the requirements of PFRS 9. If the date of initial application is prior to 1 January 2011, the date of initial application can be any date between 01 January 2010 up to 31 December 2010. If the date of early application is on or after 01 January 2011, the date of initial application must be the first day of the fiscal year or calendar year adopted by the FI (e.g., 01 January). An FI that elects to apply PFRS 9 prior to 01 January 2013 shall observe the requirements of PFRS 9 and any amendments thereto. FIs shall, likewise, observe the following guidelines: 1. Board/Senior management approval. FIs that early adopt PFRS 9 must assess the financial statement implications of early adoption of PFRS 9 and must ensure that it has the capability to comply with the requirements of that standard,
APP. 97 11.12.31
including the required disclosures in the financial statements. The early adoption of PFRS 9 must be approved by the FIs board of directors. 2. Inapplicability of Appendix 33 . The guidelines set forth under Appendix 33, including Annex A of Appendix 33 on the classification and accounting of debt and equity securities shall no longer be applicable when an FI opts to adopt PFRS 9. 3. FRP reporting. Banks shall report financial assets and financial liabilities in accordance with the following guidelines on the mapping of financial assets and liabilities (Annexes A and A-1) using the existing FRP template issued under Circular No. 512 dated 03 February 2006, as amended: a. Debt securities measured at amortized cost under PFRS 9 shall be booked under the HTM account, in the case of debt securities that are quoted in an active market, or the UDSCL account, in the case of debt securities that are not quoted in an active market. The tainting rule for HTM securities shall no longer apply to early adopters of PFRS 9. b. Financial assets measured at fair value through profit or loss under PFRS 9 shall be booked under the following accounts/subaccounts. (i) Held for Trading (HFT) Financial Assets The HFT Securities sub-account shall be used to record held for trading debt and equity securities. The Derivatives with Positive Fair Value Held for Trading account shall be used to record the positive fair value of derivatives, other than those that are designated and effective hedging instruments. The sub-account Derivatives with Positive Fair Value Held for Trading (stand-alone derivatives) in the FRP shall be used to record the positive fair value of stand alone derivatives, other than those that are designated and effective hedging instruments. The sub-account Derivatives with Positive Fair Value Held for Trading (embedded
derivatives) in the FRP, shall be used to record the positive fair value of embedded derivatives where the host contract is a financial liability of the FI. (ii) Financial Assets Designated at Fair Value through Profit or Loss (DFVPL). This account shall be used to record investments in FA DFVPL and FA MMFVPL, as follows: FA DFVPL refers to investments in debt instruments that are designated as at fair value through profit or loss in accordance with PFRS 9. FA MMFVPL refers to financial assets that are required to be measured at fair value through profit or loss under PFRS 9, other than those that are HFT and DFVPL. c. The Available for Sale (AFS) Financial Asset Equity Securities account shall be used to record investments in equity securities (other than those that are held for trading) that are irrevocably designated at initial recognition to be accounted for as DFVOCI in accordance with PFRS 9. The Other Comprehensive Income Net Unrealized Gains/(Losses) account under the equity section of the balance sheet shall be used to record unrealized gains/(losses) from changes in fair value, including any related foreign exchange gains/(losses), of those equity securities under the DFVOCI category. d. Financial liabilities measured at fair value through profit or loss under PFRS 9 shall continue to be booked under the following accounts/subaccounts: i. The Financial Liabilities Held for Trading account shall be used to record financial liabilities HFT. The Derivatives with Negative Fair Value Held for Trading account shall be used to record the negative fair value of derivatives, other than those that are designated and effective hedging instruments. The sub-account Derivatives with Negative Fair Value Held for Trading (stand-alone derivatives) shall be used to record the negative fair value of stand-alone derivatives, other than those that are designated and effective hedging
APP. 97 11.12.31
instruments. The sub-account Derivatives with Negative Fair Value Held for Trading (embedded derivatives) shall be used to record the negative fair value of embedded derivatives where the host contract is a financial liability of the FI. The Liability for Short Position account shall be used to record the (a) obligation of the purchaser/borrower of securities under Reverse Repurchase Agreements/Certificates of Assignment/ Participation with Recourse/Securities Lending and Borrowing Agreements to return the securities purchased/ borrowed from the seller/lender which the former sold to third parties. ii. The Financial Liabilities designated at Fair Value Through Profit or Loss account shall be used to record financial liabilities that are designated as at fair value through profit or loss. The Other Comprehensive Income Others account under the equity section of the balance sheet shall be used to record net unrealized gains/ (losses) from changes in fair value attributable to own credit risk of financial liabilities DFVPL that are accounted for in accordance with PFRS 9. e. The following accounts/sub-accounts shall no longer be used upon initial application of PFRS 9. (i) Financial assets HFT (c) Derivatives Carried at Cost, (ii) AFS Financial Assets (i) Debt Securities, and (iii) Investment in Non-Marketable Equity Securities (INMES). f. All the required information in the main schedules, sub-schedules, and additional disclosures/information in the FRP shall be accomplished for completeness. 4. Consolidated Statement of Condition (CSOC). QBs and other NBFIs shall report financial assets and financial liabilities in accordance with the following guidelines on the mapping of financial assets and financial liabilities (Annexes B and B-1) using the existing CSOC template:
a. Debt securities measured at amortized cost under PFRS 9 shall be booked under the Investments in Bonds and Other Debt Instruments account. The tainting rule for HTM securities shall no longer apply to early adopters of PFRS 9. b. The use of the Trading Account Securities Loans account shall be limited to the recording of the amortized cost of loans arising from repurchase agreements, certificates of assignment, participation with recourse transactions. (i) The Government Securities Purchased under Resale Agreements sub-account shall be used to record the amortized cost of loans arising from repurchase agreements involving government securities. (ii) The Government Securities Purchased under Certificates of Assignment/Participation with Recourse sub-account shall be used to record the amortized cost of loans arising from certificates of assignment and participation with recourse agreements involving government securities. (iii) The Government Securities Purchased under Reverse Repurchase Agreements with the BSP sub-account shall be used to record the amortized cost of loans arising from repurchase agreements with the BSP. (iv) The Private Debt Securities/Commercial Papers Purchased Under Resale Agreements subaccount shall be used to record the amortized cost of loans arising from repurchase agreements involving private debt securities. (v) The Private Debt Securities/Commercial Papers Purchased under Certificates of Assignment/Participation with Recourse subaccount shall be used to record the amortized cost of loans arising from certificates of assignment and participation with recourse agreements involving private debt securities. c. Financial assets measured at fair value through profit or loss under PFRS 9 shall be booked under the following accounts/subaccounts. (i) Trading Account Securities (TAS)
APP. 97 11.12.31
The TAS - Investments account shall be used to record held for trading debt securities under PAS 39. The TAS - Equity account shall be used to record held for trading equity securities. (ii) Underwriting Accounts Debt/Equity Securities. This account shall be used to record investments in FA DFVPL and FA MMFVPL, as follows: FA DFVPL refers to investments in debt securities that are designated as at fair value through profit or loss in accordance with PFRS 9. FA MMFVPL refers to financial assets that are required to be measured at fair value through profit or loss under PFRS 9, other than those that are HFT and DFVPL. d. The Available for Sale (AFS) Securities account shall be used to record investments in equity securities (other than those that are held for trading) that are irrevocably designated at initial recognition to be accounted for as DFVOCI in accordance with PFRS 9. The Net Unrealized Gains/(Losses) on Securities Available for Sale account under the equity section of the balance sheet shall be used to record unrealized gains/ (losses) from changes in fair value, including any related foreign exchange gains/(losses), of those equity securities under the DFVOCI category. e. The Bills PayableOthers account shall be temporarily be used to record financial liabilities held for trading and financial liabilities DFVPL. f. Changes in fair value of financial liabilities DFVPL attributable to own credit risk shall temporarily be recorded in the account Net Unrealized Gains/Losses on Available for Sale Financial Asset. g. The following sub-accounts in the balance sheet of the CSOC shall no longer be used upon initial application of PFRS 9. (i) Underwriting Accounts Debt Securities a. Underwritten Debt Sec. Purchased, b. Accum. Market Gains/(Losses) UA, c. Receivables Underwritten Debt Securities Sold, (ii) Trading Accounts Securities Loans
d. Private Debt Sec./Commercial Papers (CPs) Purchased, h. Private Debt Sec./Commercial Papers (CPs) Sold Under Repurchase Agreements, (iii) Underwriting Accounts Equity Securities a. Underwritten Equity Securities Purchased, b. Accumulated Market Gains/(Losses) UA, c. Receivables Underwritten Equity Securities Sold. 5. FRP for Trust Institutions (FRPTI) reporting. Trust institutions shall report financial assets in accordance with the following guidelines on the mapping of financial assets (Annexes C and C-1) using the existing FRPTI template issued under Circular No. 609 dated 26 May 2008, as amended: a. Debt securities measured at amortized cost under PFRS 9 shall be booked under the HTM account, in the case of debt securities that are quoted in an active market, or the UDSCL account, in the case of debt securities that are not quoted in an active market. The tainting rule for HTM securities shall no longer apply to early adopters of PFRS 9. b. Financial assets measured at fair value through profit or loss under PFRS 9 shall be booked under the Financial Assets at Fair Value Through Profit or Loss-Debt and Equity Securities sub-account. c. The Derivatives with Positive Fair Value Held for Trading account shall be used to record the positive fair value of derivatives, other than those that are designated and effective hedging instruments. d. The Available for Sale (AFS) Financial Assets account shall be used to record investments in equity securities (other than those that are held for trading) that are irrevocably designated at initial recognition to be accounted for as DFVOCI in accordance with PFRS 9. The Net Unrealized Gains/(Losses) on AFS Financial Assets account under the equity section of the balance sheet shall be used to record the unrealized gains/(losses) arising from changes in fair value, including any related foreign exchange gains/(losses), of those equity securities under the DFVOCI category.
APP. 97 11.12.31
e. The following accounts/sub-accounts in the balance sheet of the FRPTI shall no longer be used upon initial application of PFRS 9. (i) AFS Financial Assets (i) Debt Securities, and (ii) INMES account. f. All the required information in the main schedules, sub-schedules, and additional disclosures/information in the FRPTI shall be accomplished for completeness. g. Trust institutions that early adopt PFRS 9 on or before 31 December 2010 need not submit revised FRPTI reports that conform with the guidelines under Section 2 of this Circular for periods prior to 31 December 2010. 6. Supplementary report. Early adopters shall submit a Supplementary Report on Early Adoption of PFRS 9 which shall be a Category A-1 report to the SDC together with the prescribed monthly/ quarterly FRP/CSOC reports, as follows: a. Banks shall submit the solo and consolidated supplementary (Annex D) in accordance with the submission frequency and deadline of the prescribed FRP. b. NBFIs, other than trust institutions, shall submit the solo supplementary report (Annex E) in accordance with the submission frequency and deadline of the Consolidated Statement of Condition report. 7. Report on initial application of PFRS 9. A bank and each of its subsidiary banks/QBs, that opt to early adopt PFRS 9 shall submit a one-time solo report on initial application of PFRS 9 to the BSP through the SDC using the attached format (Annex F). The report which shall be considered a Category A-1 report shall be submitted to the BSP in accordance with the following timelines: a. For FIs which initially apply PFRS 9 on or before 31 December 2010 - not later than 31 January 2011; b. For FIs which initially apply PFRS 9 in 2011 not later than fifteen (15) banking/business days from the end of the month when such initial adoption is reflected in their book, and c. For FIs which initially apply PFRS 9 in 2012 not later than fifteen (15) banking/business days
from the end of the first month or quarter, in the case of rural banks/Coop Banks, of the calendar or fiscal year of initial application of PFRS 9. The report shall disclose the cumulative impact of the FIs adoption of PFRS 9 on selected balance sheet accounts, net income and capital position reckoned from the beginning of the FIs calendar of fiscal year, as applicable. Section 4. Transition Rules FIs shall observe the transition rules provided under PFRS 9 as well as the following: 1. PFRS 9 shall not be applied to financial assets and financial liabilities that have already been derecognized at the date of initial application. 2. An FI shall assess whether a financial asset shall be classified under the amortized cost, FVPL, or DFVOCI category on the basis of the facts and circumstances that exist at the date of initial application of PFRS 9. However, the resulting classification shall be applied retrospectively, irrespective of the FIs business model in prior reporting periods. 3. The tainting rule for HTM securities and the related holding period for HTM securities that are classified to the AFS category under Appendix 33 shall no longer apply to FIs upon initial application of PFRS 9. 4. An FI may choose to adopt the provisions of PFRS 9 issued in 2009 or the provisions of PFRS 9 issued in 2010 before 01 January 2013. 5. An FI that has adopted PFRS 9 on financial assets in 2010 need not submit revised FRP/CSOC reports that conform with the guidelines under the Supplementary Report on Early Adoption of PFRS 9 for periods prior to 31 December 2010. It may adopt the provisions of PFRS 9 on financial liabilities before 01 January 2013: Provided, That it does not re-apply the transitional provisions of the said standard on its financial assets: Provided, further, That the FI complies with the submission guidelines set forth under Nos. 6, 7 and 8 below, as applicable: Provided, finally, That the
APP. 97 11.12.31
FI limits the information that it shall report in the one-time solo Report on Initial Application of PFRS 9 to that arising from its adoption of the provisions of PFRS 9 on financial liabilities. 6. An FI which intends to early adopt PFRS 9 in 2011 is given up to 31 December 2011 within which to reflect the requirements of PFRS 9 in its prudential reports: Provided, That it notifies the BSP, through the SDC, of the details of its actual implementation of adoption of the said standard, including the month-end date when such initial adoption is reflected in its books, in its one-time solo Report on initial Application of PFRS 9. 7. An FI that intends to early adopt PFRS 9 in 2012 shall reflect the requirements of the said standard in its FRP/CSOC report as of the end of the first month or quarter, in case of rural banks/Coop Banks, of the calendar or fiscal year of initial application of PFRS 9.
8. An FI is expected to comply with the reportorial and disclosure requirements of the Securities and Exchange Commission on the adoption of PFRS 9. 9. An FI which adopts PFRS 9 on the mandatory effective date shall present prior comparative general purpose financial statements which reflect all of the requirements of PFRS 9. FIs are, therefore, expected to have an implementation program in place to ensure compliance with the said requirements by 01 January 2013. Section 5. Sanction The penalties and sanctions provided under Subsec. X388.5(c) shall be imposed on FIs and officers concerned found to have violated any of the provisions of this Appendix.
(Circular No. 708 dated 10 January 2011, as amended by M-2011-048 dated 26 August 2011 and Circular No. 733 dated 05 August 2011)
APP. 98 11.12.31
LIST OF DOCUMENTARY REQUIREMENTS CONFIRMATION OF THE ELECTION/ APPOINTMENT OF THE MEMBERS OF THE BOARD OF DIRECTORS/SENIOR VICE PRESIDENTS (SVP) AND ABOVE OR EQUIVALENT RANKS OF BANKS (Appendix to Subsecs. X141.4, X180.2 and X406.10) 1. Letter request signed by a duly authorized officer of the bank. When applicable, the letter should also indicate request for approval of the interlocking positions1 of the directors and/or officers concerned, pursuant to Section X145 and related provisions of the MORB, together with a justification for such interlock; 2. Secretarys Certificate on the resolution of the (1) stockholders of the bank regarding the election of the director concerned; or (2) board of directors of the bank approving the appointment of the officer concerned. In the case of foreign banks, consularized letter of appointment of the officer concerned from the head office and /or Regional Office; 3. Notarized certification of the director/ officer concerned that he possesses all the qualifications and none of the disqualifications to become a director/officer as enumerated in Sections X141, X142 and X143 and other pertinent provisions; 4. Notarized certification as described under Subsec. X141.9 and Appendix 6 that the director concerned is fully aware and understands the specific duties and responsibilities enumerated under Subsec. X141.3. For the avoidance of doubt, this requirement shall also apply to directors of trust corporations. 5. Notarized Authorization Form for Querying the BSP Watchlist File of the director/ officer concerned pursuant to Subsec. X143.5; 6. If the director concerned is an independent director, sworn statement under oath of the independent director containing certification and information required under Sec. X144; 7. Copies of the certificate of attendance on corporate governance seminar by the newlyelected directors;2 8. In case of directors for re-election, secretarys certificate on the attendance by the director concerned to the board meetings held for the last (twelve) 12 months covering the term of service, indicating the percentage under Section X141; 9. In the case of officers with rank of SVP and above or equivalent rank, a brief description of his/her duties and responsibilities; 10. Alien Employment Permit issued by the Department of Labor and Employment for foreigners appointed as officers; and 11. To be directly submitted to SDC, a fully accomplished bio-data together with a photograph (2"X2") of the elected/appointed directors and officers respectively3.
CL-2011-045 dated 01 July 2011
1 Banks are responsible in determining interlocking positions of their directors/officer that are subject to the prior approval of the Monetary Board as required under Section X145. 2 This does not apply to those directors previously confirmed by the Monetary Board notwithstanding that their confirmation as such were with other banks. 3 Subsequent submissions of bio-data and/or schedules or attachments thereto for the purpose of completing a previously submitted but incomplete version shall be considered late reporting subject to applicable penalties in accordance with Section X192.2.
APP. 98a 11.12.31
LIST OF DOCUMENTARY REQUIREMENTS APPROVAL OF THE APPOINTMENT OF TRUST AND COMPLIANCE OFFICERS OF BANKS 1. Letter request1 signed by an authorized officer of the bank; 2. Secretarys Certificate attesting to the resolution of the board of directors of the bank approving the appointment of the officer concerned or in the case of foreign banks, letter of approval on the appointment from the country head; 3. Notarized certification of the officer concerned that he possess all the qualifications and none of the disqualifications to become an officer as enumerated in Sections X142 and X143; 4. Notarized Authorization Form for querying the BSP Watchlist File of the officer concerned pursuant to Subsec. X143.5; 5. Alien Employment Permit issued by the Department of Labor and Employment for foreigners appointed as officers; 6. Brief description of the concerned officers duties and responsibilities; and 7. To be submitted to Supervisory Data Center, a fully accomplished bio-data together with a photograph (2"X 2") of the elected/ appointed directors and officers, respectively2.
CL-2011-045 dated 01 July 2011
1 In case of Trust Officer and/or compliance officer with rank of senior vice president and above or equivalent rank and whose appointment as SVP in another capacity has not yet been confirmed by the BSP, the letter should state that
it is a request for approval and confirmation of the concerned officers. 2 Subsequent submissions of bio-data and/or schedules or attachments thereto for the purpose of completing a previously submitted but incomplete version shall be considered late reporting subject to applicable penalties in accordance with Section X192.2.

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FOREWORD

AMANDO M. TETANGCO, JR. Governor

The Bangko Sentral ng Pilipinas

List of Appendices 11.12.31

List of Appendices 11.12.31

No. 14 15 16 17 18 19 20 21 21a 21b 22 23 24 25 26 26a 27 28 28a

List of Appendices 11.12.31

List of Appendices 11.12.31

List of Appendices 11.12.31

51 51a 52 52a 52b 52c

52d 52e 52f 53 54 55

List of Appendices 11.12.31

List of Appendices 11.12.31

No. 63b-1 63b-2 63c 63d 64 65 66

List of Appendices 11.12.31

No. 69 70 70a 70b 70c 70d 71

List of Appendices 11.12.31

List of Appendices 11.12.31

List of Appendices 11.12.31

List of Appendices 11.12.31

GUIDELINES FOR THE ISSUANCE OF A UNIVERSAL BANKING AUTHORITY

Manual of Regulations for Banks

Manual of Regulations for Banks

Manual of Regulations for Banks

Manual of Regulations for Banks

PRESCRIBED APPLICATION FORMS FOR THE ENTRY OF FOREIGN BANKS

Manual of Regulations for Banks

Manual of Regulations for Banks

Manual of Regulations for Banks

10. 11. 12.

* Owning at least 2% of the subscribed capital stock

Manual of Regulations for Banks

15. 16. 17.

* Owning at least 2% of the subscribed capital stock

Manual of Regulations for Banks

Manual of Regulations for Banks

Amount to be Subscribed Paid-In

SIGNED IN THE PRESENCE OF: _________________________________ Witness ___________________________________ Witness

Manual of Regulations for Banks

Manual of Regulations for Banks

Manual of Regulations for Banks

9. 10. 11. 12. 13.

Manual of Regulations for Banks

Manual of Regulations for Banks

Sample Guarantee Undertaking to Establish Branches of Foreign Banks GUARANTEE

Manual of Regulations for Banks

Manual of Regulations for Banks

Manual of Regulations for Banks

Manual of Regulations for Banks

FORMAT OF AFFIDAVIT ON TRANSACTIONS INVOLVING VOTING SHARES OF STOCKS

Manual of Regulations for Banks

Manual of Regulations for Banks

STANDARD PRE-QUALIFICATION REQUIREMENTS FOR THE GRANT OF BANKING AUTHORITIES

To establish additional branches of foreign bank

Manual of Regulations for Banks

Manual of Regulations for Banks

Manual of Regulations for Banks

Manual of Regulations for Banks

Manual of Regulations for Banks

SIGNED IN THE PRESENCE OF: _ Witness ___ Witness