Law Summary
Checks Without Sufficient Funds (NSF Checks)
- Drawee banks must stamp returned checks indicating date and reason for dishonor.
- Return Stamp must show "Drawn Against Insufficient Funds", "No Funds", or "Insufficient Funds" when applicable.
- In cases of stop payment orders where insufficient funds exist, the stamp must reflect both issues.
- Checks dishonored due to NSF must be returned by 7:30 AM the day after original presentation to the clearing house.
- One clearing window exists for NSF returns in the Integrated Greater Manila Local Exchange and Regional Local Exchange.
- Clearing adjustments reverse the debit and credit entries to restore account balances to status before settlement.
- Special regulations apply for checks dishonored outside the clearing system with returns due the following banking day.
Checks Dishonored for Technical Reasons
- Returned technical dishonors must be sent to the negotiating bank by the afternoon clearing.
- Two separate clearing windows for technical returns: AM clearing from 2:00 AM - 7:30 AM, PM clearing coinciding with afternoon clearing.
- AM technical returns are back-dated to the original presentation date for accounting purposes.
- Technical dishonors outside clearing must be returned within the next banking day.
Check Clearing Rules for Banks Authorized to Accept Demand Deposits
- Banks may participate directly or indirectly in clearing through Philippine Clearing House Corporation (PCHC).
- Direct participants subject to settlement risk controls including value dating and overdraft ceilings.
- Overdraft ceiling: clean Overdraft Credit Line (OCL) at 15% of BSP rediscounting line plus collateralized OCL.
- Eligibility to avail OCL depends on CAMELS rating, capital adequacy ratio, and reserve history.
- Interest on OCL is the higher of 0.1% per day or 91-day Treasury Bill rate plus 3%.
- Overdraft usage limited to 5 clearing days within 30-day rolling period before suspension.
- Overdrafts beyond ceiling lead to unwinding of clearing items or clearing exclusion and denial of BSP credit facilities.
- Indirect participants have caps on net losses passed to their conduits composed of deposits and credit lines.
Clearing of Negotiable Order of Withdrawal (NOW) Accounts
- NOW accounts held at banks other than drawee bank may be cleared via PCHC.
- Withdrawals from NOW accounts are governed by the same temporary overdrawings rules as demand deposit accounts.
Failure to Cover Overdrawings with BSP
- Banks must cover BSP account overdrafts by the next clearing day including interest.
- Failure results in exclusion from clearing and denial of BSP credit facilities.
- Continuous overdrafts for 5 days lead to clearing exclusion, prohibition on new loans/investments (except government securities), dividend declarations, and branch establishment.
- Denial of credit facilities lasts until 15 consecutive banking days of credit balance with BSP.
- Overdrawings deducted from available reserves for regulatory compliance.
Clearing Operations Compliance
- Banks must follow clearing procedures per the Philippine Clearing House Corporation's Clearing House Rules and Regulations.
Amendments and Effectivity
- Appendix 28, 28a (clearing procedures and regional clearing operations) deleted.
- Appendix 31 amended for direct clearing participants implementing guidelines.
- Appendix 39 amended for settlement timelines relating to interbank transactions and reserve requirements.
- Circular took effect on January 1, 2011 as mandated by the Monetary Board.