Title
BSP Clarification on Foreign Exchange Rules
Law
Bsp Memorandum No. M-2010-033
Decision Date
Oct 4, 2010
BSP Memorandum No. M-2010-033 clarifies the implementation of Circulars 675 and 676, enhancing the foreign exchange regulatory framework by increasing the annual investment limit for Philippine residents from USD 12 million to USD 30 million and allowing outward investments from managed accounts.
A

Regulations on Unit Investment Trust Fund (UITF) Investments

  • Subsection X410.9/4410Q.9 defines allowable UITF investments and valuation rules.
  • UITF investments must be limited to bank deposits and specified financial instruments.
  • Permits loans from repo agreements transacted on SEC-recognized exchanges.
  • Repo contracts must be lawfully pre-terminable by the trust entity administering the UITF with due notice to counterparties and market operators.
  • BSP may authorize other tradable investment categories.
  • Peso UITFs investing in tradable foreign currency-denominated instruments must comply with specific subsections concerning foreign exchange rules.

Definition of Tradable Financial Instruments

  • A financial instrument is considered tradable if two-way price quotes are:
    • Readily and regularly available from recognized exchanges, dealers, brokers, industry groups, pricing services, or regulatory agencies.
    • Prices reflect actual, regularly occurring market transactions conducted at arm's length.

Purpose and Application

  • The memorandum clarifies the implementation of BSP Circular Nos. 675 and 676.
  • Guidance is for information and compliance by relevant financial institutions and entities.

Administrative Note

  • Issued and signed by Ma. Dolores B. Yuvienco, Sector-in-Charge, BSP.
  • Dated October 04, 2010, and published in NAR Vol. 21 No. 4, October-December 2010.

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