Question & AnswerQ&A (Republic Act No. 8791)
The short title of Republic Act No. 8791 is 'The General Banking Law of 2000.'
Banks refer to entities engaged in the lending of funds obtained in the form of deposits.
Banks are classified into Universal banks, Commercial banks, Thrift banks (including savings and mortgage banks, stock savings and loan associations, private development banks), Rural banks, Cooperative banks, Islamic banks, and other classifications as determined by the Monetary Board.
The Bangko Sentral ng Pilipinas (BSP) has supervisory and regulatory authority over banks, quasi-banks, trust entities, and other financial institutions subject to its supervision.
The entity must be a stock corporation, its funds must be obtained from the public (20 or more persons), and it must satisfy the minimum capital requirements prescribed by the Monetary Board.
Foreign individuals and non-bank corporations may own or control up to forty percent (40%) of the voting stock of a domestic bank.
A universal bank may exercise the powers of a commercial bank, powers of an investment house, and the power to invest in non-allied enterprises subject to prescribed limits and approval.
A bank may extend loans and credit accommodations up to twenty percent (20%) of its net worth to a single borrower, which may be increased by an additional ten percent (10%) if secured by certain types of collateral.
Violations may result in suspension or removal by the Monetary Board, and if committed by a corporation, it may be dissolved by quo warranto proceedings. Criminal penalties under the New Central Bank Act may also apply.
The Bangko Sentral may issue rules of conduct, conduct compliance examinations, investigations, and inquire into the solvency and liquidity of banks, including enforcement of prompt corrective action when necessary.
Loans or credit accommodations to these persons require prior written approval by the majority of the board excluding the concerned party, must be on terms not less favorable than offered to others, and have limits based on the unencumbered deposits and paid-in capital contributions of such persons.
Banks must publish a statement of their financial condition at least once every quarter in a newspaper of general circulation where their principal office is located or otherwise as prescribed; they must also make available to the public their complete audited financial statements.
Trust entities must be stock corporations or persons authorized by the Monetary Board, have minimum paid-in capital as determined by the Board, deposit a security with the Bangko Sentral for faithful performance of duties, and keep trust business separate from general business.
No, banks are prohibited from directly engaging in the insurance business as insurers.
The Act takes effect fifteen (15) days following its publication in the Official Gazette or in two national newspapers of general circulation.