Law Summary
Eligibility for Government Assistance
- Businesses must be registered with appropriate agencies; micro enterprises need only register with municipal or city treasurer.
- Ownership requirements:
- 100% Filipino ownership if single proprietorship or partnership.
- At least 60% Filipino ownership if a juridical entity.
- Business sectors covered: industry, services (including professional practice and tourism-related establishments), and agribusiness (excluding farm-level crop production).
- SMEs must not be branches, subsidiaries, or divisions of large enterprises, nor controlled by non-owners or non-employees.
- SMEs may accept subcontracts from large enterprises and engage in cooperative activities.
- Financing programs target SMEs exclusively.
- Registered small enterprises are entitled to at least 10% of government procurement contracts, provided competitive pricing and quality.
Guiding Principles for SME Development
- Minimal regulation and simplified procedural requirements to encourage entrepreneurship.
- Encouragement of private sector participation in SME development programs.
- Coordination among government agencies, including departments such as Trade and Industry, Agriculture, Labor, Environment, and others, alongside local government units.
- Decentralization through regional and provincial offices to enhance service efficiency and greater delegation of authority.
Small and Medium Enterprise Development Council
- Established to promote the growth and development of SMEs nationwide.
- Attached to the Department of Trade and Industry, constituted within 60 days of the Act's approval.
- Responsible for coordination, promotion, resource mobilization, and maximizing labor resources.
Composition of the Council
- Chaired by the Secretary of Trade and Industry.
- Members include key Cabinet Secretaries, Monetary Board Chairman, chairpersons of relevant financial and SME promotion bodies, and private sector representatives.
- Cabinet members may designate undersecretaries or assistants as representatives.
- Private sector members receive per diem for meetings.
- Initial funding allocated by the Department of Trade and Industry, with future budgets included in its annual appropriation.
- Council may invite other government agencies or local associations for participation.
- An executive committee may be created for interim decisions.
Bureau of Small and Medium Business Development as Secretariat
- Acts as the Council's Secretariat.
- Functions include preparing SME development plans, coordinating discussions, monitoring policies across government agencies, preparing reports, and performing functions authorized by the Council.
Rationalization of SME Programs and Agencies
- The Council shall review and report on government SME programs and recommend policies.
- The President may establish a principal government promotion body for non-financing programs.
- This body will be under the policy supervision of the SMED Council and receive no less than 50% of assets and budgets from agencies dissolved and integrated with the Council.
Creation of the Small Business Guarantee and Finance Corporation (SBGFC)
- A corporate body to support SMEs globally through financing, technology, production, management, and linkages.
- Provides various alternative financing modes excluding crop production financing.
- Guarantees loans for qualified SMEs, associations, cooperatives, and NGOs; may guarantee up to 100%.
- May provide reinsurance to credit guarantee institutions.
- Liable for guarantees upon loan default per contractual terms.
- Attached to the Department of Trade and Industry; under policy and administrative supervision of the SMED Council.
- Headquartered in Metro Manila with planned provincial branches.
- Powers vested in a nine-member Board including private sector and government financial institutions representatives.
- Authorized to provide employee benefits like other government financial institutions.
Mandatory Credit Allocation to SMEs
- For ten years, lending institutions must allocate at least 6% (micro) and 2% (small and medium) of total loan portfolio to SMEs.
- BSP to formulate implementation rules and exclude purchase of government securities from compliance.
- Incentives such as reserve requirement reductions to encourage lending beyond mandatory levels.
- SMED Council tasked with monitoring loan applications and sector absorptive capacity.
- Lending institutions must report quarterly to SMED Council on compliance.
Penalties for Non-Compliance
- BSP empowered to impose administrative sanctions and fines of not less than ₱500,000 on lending institutions failing to comply.
Separability Clause
- Invalidity of any Act provision does not affect the remainder, which stays in force.
Repealing Clause
- Laws, orders, regulations conflicting with this Act are repealed or modified accordingly.
Effectivity
- Act takes effect upon approval (May 6, 1997).