Question & AnswerQ&A (BSP CIRCULAR NO. 186)
A secured loan, borrowing, or credit accommodation refers to any loan, discount, credit or advance secured by real estate mortgage; chattel mortgage on tangible assets; standby letters of credit issued by foreign banks (excluding Philippine branches); assignment or hold-out on deposits or deposit substitutes maintained in the lending bank; cash margin deposits; or assignment or pledge of government securities, readily marketable bonds, other high-grade debt securities, and 'blue chip' stocks, except those issued by the lending entity, with specified additional provisions regarding issuer qualifications and loan value.
The issuer corporation of the 'blue chip' stocks must be a listed corporation with a net worth of at least P1 billion and have a record of at least 5 consecutive years of earnings from the immediately preceding 5 years. The loan value shall be limited to fifty percent (50%) of the market value of the stocks.
Standby letters of credit issued by Philippine branches of foreign banks are excluded. Only those issued by foreign banks outside the Philippines are acceptable.
The loan value shall be equivalent to fifty percent (50%) of the market value of the 'blue chip' stocks.
Yes, the provisions apply to banks and non-banks performing quasi-banking functions.
Valid collateral includes real estate mortgages, chattel mortgages on tangible assets, standby letters of credit from foreign banks, assignments or hold-outs on deposits or deposit substitutes, cash margin deposits, government securities, readily marketable bonds, other high-grade debt securities, and 'blue chip' stocks (subject to conditions).
Yes, specifically in Book IV, receivables arising from financial leases are included to the extent of the guaranty deposit plus sixty percent (60%) of the remaining value of the leased equipment.
The circular took effect immediately upon adoption on January 26, 1999.