Title
Amendment to SEC Code of Corporate Goverce
Law
Sec Memorandum Circular No. 9, S. 2014
Decision Date
May 6, 2014
The SEC's 2014 amendment to the Revised Code of Corporate Governance mandates enhanced accountability, transparency, and stakeholder communication for corporate boards to ensure long-term success and integrity in financial reporting.
A

Board Governance: General Responsibility

  • The Board is tasked with fostering the long-term success of the corporation.
  • Must sustain the corporation's competitiveness and profitability.
  • Actions must align with corporate objectives.
  • Must act in the best interests of stockholders and other stakeholders.

Board Governance: Duties and Functions

  • The Board should uphold a high standard of best practice.
  • Conduct must be characterized by honesty and integrity.
  • Duties include identifying corporation’s stakeholders within the community and those affected by its operations.
  • Must formulate clear policies ensuring accurate, timely, and effective communication with these stakeholders.
  • The Corporate Secretary plays a key role, working fairly and objectively with the Board, Management, stockholders, and other stakeholders.

Accountability and Audit: Internal Controls

  • Board must ensure an effective internal control system.
  • Internal controls are designed to guarantee the integrity of financial reports.
  • Protects the corporation’s assets.
  • These provisions aim to benefit stockholders and other stakeholders by safeguarding corporate resources and financial transparency.

Disclosure and Transparency

  • Mandates full, timely, and public disclosure of all material information affecting the corporation’s viability or the interests of stockholders and stakeholders.
  • Includes earnings results, asset acquisitions or dispositions, off-balance sheet transactions, related party transactions, and remuneration of Board and Management members.
  • The Board must commit to full disclosure at all times.
  • Requires filing of all required disclosures through appropriate Exchange mechanisms for listed companies and submissions to the SEC.

Implementation and Compliance

  • The Circular takes effect fifteen (15) days after publication in a national newspaper of general circulation.
  • Corporations must update and file their Manuals of Corporate Governance reflecting these amendments with the Commission by July 31, 2014.

Authority and Signature

  • The memorandum is signed by the SEC Chairperson, Teresita J. Herbosa, upon approval by the Commission on May 6, 2014, in Mandaluyong City, Philippines.

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