Approval Guidelines by the Monetary Board
- The Monetary Board evaluates:
- Geographic representation and complementation.
- Strategic trade and investment ties between the Philippines and the foreign bank's country.
- Applicant's financial soundness, global reputation, and capacity for innovation.
- Reciprocity rights for Philippine banks in the foreign bank's home country.
- Willingness to share technology.
- Only established, reputable, and financially sound foreign banks are allowed entry.
- Foreign banks must be widely owned and publicly listed unless government-owned.
- At least 60% of resources in the banking system must be held by majority Filipino-owned domestic banks.
Capital Requirements
- For subsidiaries locally incorporated, capital requirements match those for domestic banks of the same category.
- Foreign bank branches must permanently assign capital not less than minimum required for domestic banks; this capital must be remitted in Philippine currency.
- Foreign branches may open up to five sub-branches subject to approval.
- Locally incorporated subsidiaries have the same branching privileges as domestic banks.
Repeal of Previous Section on Restrictions
- Section 6 of Republic Act No. 7721 repealed, lifting earlier restrictions.
Equal Treatment and Functions
- Foreign banks authorized under the Act have the same functions, privileges, and limitations as Philippine banks of the same category.
- Single borrower’s limit for foreign branches aligned with domestic banks.
- Foreign banks must respect employees’ constitutional rights.
- Privileges granted to foreign banks are equally extended to Philippine banks under similar conditions.
Participation in Foreclosure Proceedings
- Foreign banks may bid and participate in foreclosure sales of mortgaged real property.
- They may take possession for up to five years but title transfer to foreign banks is prohibited.
- Foreign banks must transfer properties to qualified Philippine nationals within five years.
- Failure to transfer property results in a penalty of 0.5% per annum of foreclosure price until transfer.
Transitory Provisions
- Foreign banks may change modes of entry.
- Branches may open additional sub-branches without prior location restrictions.
- Existing branches must comply with capital requirements within one year unless extended.
Applicability of Other Banking Laws
- New Central Bank Act and General Banking Law apply to foreign banks as long as not conflicting with this Act.
Rule-Making and Reporting
- Monetary Board authorized to issue implementing rules.
- Annual written reports on implementation to Congress and banking committees due by May 30.
- Rules published in at least two newspapers of general circulation.
Repealing Clause
- Provisions inconsistent with this Act are repealed or modified accordingly.
Effectivity
- Act takes effect 15 days after publication in the Official Gazette or two national newspapers.