Title
SEC Website Template Compliance for PLCs
Law
Memorandum Circular No. 2
Decision Date
Jan 23, 2018
Publicly-listed companies must comply with the SEC-prescribed website template within six months of listing to enhance corporate governance, with penalties for non-compliance.
A

Scope: PLCs and registration to list

  • PLCs must comply with the SEC-prescribed website template.
  • Companies applying for the registration of securities for listing must comply with the SEC-prescribed website template.
  • Website template compliance is required as one of the requirements before the Registration Statement is rendered effective.
  • PLCs already listed at the time of issuance must meet a scheduled compliance period.

When compliance is due

  • For companies applying for registration of securities for listing, compliance is required before the Registration Statement is rendered effective.
  • For companies listed before January 23, 2018, the due date of compliance is six (6) months from the listing date.

Compliance consequence for PLCs

  • Failure to comply with the SEC-prescribed website template results in the imposition of the penalty provided under SEC Memorandum Circular No. 18 (2014).
  • The applicable penalty is triggered by the PLC’s non-compliance with the website template requirement.

Governance approvals and directives

  • The SEC, in an en-banc meeting on 19 December 2017, resolved that all companies applying for registration of securities for listing must comply with the SEC-prescribed website template as a prerequisite for effectiveness of the Registration Statement.
  • The SEC’s directive operates through the effectiveness requirement tied to the Registration Statement.

Effectivity and implementation timeline

  • Memorandum Circular No. 2 (January 23, 2018) takes effect immediately.
  • The circular was adopted on 22 January 2018 and filed on 23 January 2018.
  • Teresita J. Herbosa, as Chairperson, issued the circular by signature (SGD.) on the date shown.

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