Corporate Powers
- Bank recognized as a body corporate.
- Powers include granting agricultural, industrial, and real estate loans.
- Authority to operate bonded warehouses.
- Power to subscribe, underwrite, purchase, or guarantee bonds from agricultural or industrial concerns.
- Manage funds and properties from the National Investment Board.
- Issuance of bonds, accept savings/time deposits, and make corporate bylaws.
- May buy, sell, lease, mortgage properties and appoint employees.
- Legal capacities to sue, be sued, and exercise business powers reasonably necessary.
Capital and Shares
- Capital stock at ₱150 million, fully subscribed by the Government.
- One hundred fifty thousand shares at ₱1,000 par value each.
- Voting power over shares vested in the President or his designate.
- Payment from excise tax on oil; ₱25 million upon subscription, remainder upon Board call and Treasury certification.
- Annual payment calls capped at ₱15 million.
Loan Authority and Conditions
- Agricultural loans secured by real estate mortgages, max 60% of appraised value including improvements.
- Loan maturity between one and thirty years, payable lump sum or installment.
- Industrial loans secured by mortgages or deeds of trust on industrial assets, also max 60% market value.
- Loan applications under oath, detailing real estate/assets, appraised value, and loan purpose.
- Use of loan proceeds restricted strictly to declared purposes; violation leads to contract rescission and foreclosure, alongside criminal liability.
Transfer of National Investment Board Functions
- Agricultural and Industrial Bank inherits powers, duties, assets, liabilities, and trusts from the National Investment Board.
- National Investment Board abolished upon bank operations commencement.
Trust Functions
- Authorized to act as trustee for mortgages or bonds issued by municipalities or corporations.
- May accept and execute municipal or corporate trusts consistent with law.
Bonds: Issuance, Security, and Regulation
- Authorized to issue real estate bonds with face value ≥ ₱25, up to 90% of real estate loans.
- Real estate securities deposited with the Treasurer with certification ensuring bond backing.
- Rights of bondholders protected from adverse legal changes.
- With presidential approval, may issue debenture bonds backed by the government.
- Bonds signed, engraved, authenticated; payable in Manila with semi-annual interest.
- Bonds accepted as securities by Insurance Commissioner and for government transactions.
- Bonds exempted from all Philippine taxes.
- Board resolution and presidential approval govern bond issuance terms.
- Bonds redeemable at par, with redemption by lot and premium provisions.
- Interest payments may be made at branches or US agencies.
- Authorized to guarantee bonds of companies for agricultural, industrial, or commercial purposes, subject to presidential approval.
Underwriting and Banking Operations
- Authorized to act as agents for other banks and handle loans, bonds, and share subscriptions.
- May receive savings and time deposits.
- Deposits invested only in loans secured by real estate or government bonds with strict appraisals and limitations.
Special Securities for Loans
- Non-Torrens titled real property accepted if possession, improvements, and tax payment meet a 10-year rule.
- Loan securities exempt from attachment until all debts to the Bank are fully settled.
Limitation on Liabilities and Security Enforcement
- Limit liabilities to 15% of Bank’s unimpaired capital per borrower, except government instruments.
- Bank may demand additional securities, declare loans due upon default, and sell securities with notice.
- Mortgages may be foreclosed judicially or extra-judicially under prescribed procedures.
- Provisions for sale expenses, application of proceeds, and debtor deficiency rights.
Redemption and Real Estate Holding
- Mortgagors have one year to redeem property after sale by paying indebtedness plus interest.
- Bank may own real estate up to 10% of paid-up capital.
- Real estate acquired in debt collection must be sold within five years.
Deposit Reserve and Profit Distribution
- Bank required to maintain statutory deposit reserves.
- Withdrawal of capital forbidden during banking operations.
- Dividends limited to net profits, with provisions for loss coverage and bad debt classification.
- Net profits apportioned semi-annually: 50% to reserve, 50% dividends capped at 12% annually.
- Surplus after reserve and dividends goes to undivided profits.
Governance: Board of Directors
- Seven-member Board appointed by the President with Assembly consent.
- Directors receive per diem unless government officials.
- Eligibility excludes directors/employees of private banks.
- Annual appointments and internal organization with Chairman and Vice-Chairman.
- Powers include fixing interest rates, establishing branches, and staffing recommendations.
Branches, Personnel, and Appointment
- Branches exercise conferred powers and report to central Manila office.
- Officers and employees appointed and removable by Board upon General Manager’s recommendation.
- Provincial/municipal treasurers may be appointed as Bank agents with added compensation and subject to removal.
Executive Officers: General Manager and Assistants
- General Manager is chief executive, assisted by one or more Assistant General Managers.
- Appointment and removal by Board and presidential approval.
- Powers include granting loans up to ₱50,000 with Board reporting, contract negotiation, weekly reporting, and compliance with government requests.
Auditor and Auditing Office
- Auditor-General serves as ex-officio auditor, appoints representative and staff.
- Auditing expenses borne by Bank.
- Quarterly reports on Bank’s financial condition submitted to government and Board.
Legal Counsel
- Secretary of Justice is ex-officio attorney; may delegate to Solicitor-General or fiscals.
- Board with Secretary approval may employ additional attorneys.
Other Officers and Employees
- Not subject to Civil Service Law.
- Compensation and duties fixed by General Manager and Board.
- Required fidelity bonding and government insurance coverage.
Supervision and Confidentiality
- Bank subject to supervision by Bank Commissioner per Administrative Code.
- Officers inspecting Bank must keep investigations confidential, disclosing only to top officials or court order.
Prohibitions and Penalties
- Officers/employees and supervising officials prohibited from borrowing, guaranteeing, or becoming obligors on Bank loans.
- Violations result in removal, imprisonment (up to 5 years), and fines (₱1,000 to ₱5,000).
- Loans to corporations where Board members have interest require unanimous, excluding interested member, Board approval.
- Liability to such corporations capped at 5% of paid-up capital.
- Prohibition against fees or commissions for loan procurement, with fines and imprisonment for violations.
- False information for loans or negligence by Bank employees in detecting same punishable by imprisonment and fines based on loan amount.
- Violations of Act not specifically covered in prior sections punished by fines up to ₱10,000 or imprisonment up to 5 years, or both.
Effectivity
- Act takes effect upon approval.
Historical Note
- Agricultural and Industrial Bank evolved into the Rehabilitation Finance Corporation, now the Development Bank of the Philippines, as amended by subsequent laws.