Applicability of DOSRI Rules to Bank Credit Card Operations
- Subsection X328.1 of the Manual of Regulations for Banks was amended.
- Credit card transactions of banks are exempt from DOSRI regulations if:
- Credit card privileges are equally open to all qualified applicants under uniform selective criteria.
- Directors, officers, stockholders, or their related interests pay their billed credit card balances in full by the due date, consistent with other cardholders.
- Transactions become subject to DOSRI rules if:
- The credit cardholder who is a director, officer, or stockholder fails to pay in full by the due date.
- The credit cardholder opts for a deferred payment plan from the outset and the transaction is recorded by the bank.
Applicability of DOSRI Rules to Non-Bank Financial Institutions' Credit Card Operations
- Section 4328Q of the Manual was amended with the addition of Subsection 4328Q.1.
- Credit card operations of authorized non-bank financial institutions are similarly exempt from DOSRI rules provided:
- The privilege of holding a credit card is offered to all qualified applicants subject to the institution's selective criteria.
- The director, officer, stockholder, or related interests pay the full billed amount by the due date as set for other cardholders.
- Subject to DOSRI rules if:
- Full payment is not made by the due date.
- A deferred payment scheme is chosen and booking of the transaction by the institution occurs.
Procedures and Compliance
- Banks and non-bank financial institutions must apply uniform criteria when granting credit cards to ensure fairness.
- Payment terms and deadlines must be uniformly enforced for all credit card holders including DOSRI persons.
Legal Effect and Enforcement
- These amendments clarify and regulate the extent to which DOSRI provisions govern credit card transactions involving insiders and related interests.
- The Circular took effect immediately upon its issuance on 23 March 2000.
Important Legal Concepts
- "DOSRI" denotes individuals occupying key roles or owning interests in the bank or financial institution plus related entities.
- The exemptions hinge on full payment compliance and equitable treatment of insider credit card holders.
- Deferred payment schemes involving insiders trigger automatic applicability of DOSRI regulations, ensuring stringent oversight.
Penalties and Consequences
- Failure to comply with payment conditions causes credit card transactions to fall under DOSRI regulations, which entail increased scrutiny and regulatory requirements.
- The Circular enforces transparency and accountability in credit card operations of financial institutions concerning insiders and related parties.