Deficit in Net Operating Income and Future Surplus Measures
- Operating at a deficit in net operating income is considered unsafe unless there are adequate measures to ensure future surpluses.
High-Cost and Volatile Funding Practices
- Excessive reliance on large, high-cost, or volatile deposits/borrowings to support aggressive growth may be deemed unsafe.
- High-cost funds are defined as deposits or borrowings with effective interest rates 50% above the prevailing market median for comparable bank categories, maturities, and currencies.
- Additional circumstances indicating unsound practices include:
- Heavy dependence on brokered deposits.
- Large deposit generation expenses such as commissions, referral, and solicitation fees.
- Deferred recording or inaccurate amortization of deposit generation expenses.
- Offering deposit packages with disproportionate non-cash incentives.
- Soliciting or accepting deposits outside bank premises without BSP authorization.
Hazardous Lending and Lax Collection Policies
- Engaging in risky lending and poor collection is unsafe if evidenced by:
- High incidence of spurious or fraudulent loans due to inadequate risk management causing capital impairment.
- A borrower niche largely comprised of clients with impaired or limited credit history, or loans being mostly unsecured or minimally collateralized except as allowed under microfinance guidelines, coupled with a lack of robust risk management systems.
- Loan interest rates excessively higher (50% above market median) than comparable market rates to offset higher risks.
- Assigning loans without recourse backed by real estate leading to investments in real estate exceeding prescribed caps.
Additional Unsafe Practices
- Ignoring supervisory and regulatory warnings and admonitions.
- Engaging in actions likely to cause insolvency, substantial loss of assets or earnings, or seriously weaken the bank’s condition.
- Any conduct prejudicing depositors, investors, or clients significantly.
Immediate Effectiveness
- The amendments take effect immediately upon adoption by the Monetary Board.
Authority and Adoption
- The Circular is adopted by the Monetary Board and signed by the Governor of the Bangko Sentral ng Pilipinas.