Legal basis and incorporated manuals
- Monetary Board Resolution No. 329 authorizes the amendment of bank and non-bank financial institution regulations through the addition of specific provisions.
- Section X612 of the Manual of Regulations for Banks defines and sets classification rules for Sales Contract Receivables.
- Section 4628Q of the Manual of Regulations for Non-Bank Financial Institutions adopts the same classification concept and standards.
- The classification rules operate within the Manual of Regulations regime governing asset classification.
Core definition: Sales Contract Receivables
- Section X612 (Banks) and Section 4628Q (Non-Banks) define Sales Contract Receivables as the balance of the selling price of assets owned and/or acquired under a plan of settlement.
- Title to the covered assets under a sales contract is transferred to the buyer only upon full payment of the agreed selling price.
- The defined receivable is treated as part of the seller-financing settlement arrangement where payment triggers transfer of title.
When receivables are performing assets
- Section X612 (Banks) and Section 4628Q (Non-Banks) provide that Sales Contract Receivables are considered performing assets when all enumerated requirements are met.
- Performing status applies when there is a down-payment of at least twenty percent (20%) of the agreed selling price, or, in its absence, installment payments on the principal have already amounted to at least twenty percent (20%) of the agreed selling price.
- Performing status applies when payment of principal is made in equal installments or in diminishing amounts and with maximum intervals of one (1) year.
- Performing status applies when any grace period for payment of principal is not more than two (2) years.
- Performing status applies when there is no installment payment in arrear on either principal or interest.
Mandatory classification to substandard
- Section X612 (Banks) and Section 4628Q (Non-Banks) require that a Sales Contract Receivable is automatically classified “Substandard” and considered non-performing upon non-payment of any amortization due.
- The rule is automatic upon non-payment of any amortization due, covering both principal and/or interest amortizations due under the arrangement.
Upgrading/restoring performing status
- Section X612 (Banks) and Section 4628Q (Non-Banks) allow a Sales Contract Receivable previously classified Substandard and considered non-performing to be upgraded/restored.
- Restoration to unclassified and/or performing status requires a satisfactory track record of at least three (3) consecutive payments of the required amortization of principal and/or interest.
- The three consecutive payments must cover the required amortization of principal and/or interest as applicable to the receivable’s required amortization.