Law Summary
Secretary of Justice Opinion on Harmonization
- The Secretary of Justice ruled that the general prohibition on placing government funds in private banks remains.
- Exceptions require Monetary Board approval for deposits in rural, thrift, cooperative, or designated private banks.
- No government funds should be deposited in private banks without Monetary Board authorization.
General Policy on Government Deposits
- Government cash balances should be deposited with Bangko Sentral, with minimal working balances in government banks or Monetary Board-approved banks.
- Banks may hold deposits beyond minimum balances if political subdivisions have outstanding loans with them.
Requirement of Monetary Board Approval for Private Banks
- Private banks cannot accept government funds or borrow government money without Monetary Board approval.
Banks Eligible to Accept Government Deposits
- Government majority-owned banks may accept government funds.
- Private banks may accept deposits only with Bangko Sentral’s approval.
- Local governments preferably deposit in government banks; exceptions require Monetary Board and Bangko Sentral approvals.
- Thrift, rural, and cooperative banks may act as official depositories within their location limits.
- Provinces without accessible government banks may request Monetary Board approval to use private banks.
- Banks may accept demand, savings, or time deposits.
- Authorization to accept deposits does not obligate government entities to deposit there.
Limits on Government Deposits
- Deposits limited to minimum working balances unless excess amounts correlate with outstanding loans, with Monetary Board approval.
- Private banks’ government fund holdings capped at 200% of net worth.
- Banks with directors/officers who hold government elective or appointive positions are prohibited from accepting deposits from such government units unless the bank is the sole bank in the area.
Definitions
- Government-owned or controlled corporations refer to those created by special laws, excluding government financial institutions and certain other corporations.
- Minimum working balances are amounts necessary for efficient government transactions as determined by the Department of Finance.
Application Procedure for Authority to Accept Government Deposits
- Applications must be signed by the bank president and filed with the Bangko Sentral’s supervising department.
- A certification of compliance with requirements must accompany the application.
- Supporting documents include resolutions or written authorizations from relevant government units.
- Compliance must be continuously maintained after authority is granted.
Pre-requisites for Granting Authority
- Banks must meet financial health standards including net worth, capital, no recent losses, no reserve deficiencies, compliance with loan ratios, and maintenance of accounting and internal controls.
- Must have no past due obligations to Bangko Sentral or government financial institutions.
- Must be a member in good standing of the Philippine Deposit Insurance Corporation.
Reporting Requirements
- Banks must submit quarterly reports of government deposits to Bangko Sentral within five banking days after each reference month.
Sanctions for Violations
- Unauthorized deposits or borrowings will be debited from the bank’s Bangko Sentral account.
- Authority to accept government funds may be revoked.
- Falsification in certification can lead to fines and disqualification.
Effect on Existing Regulations
- The Circular does not amend or repeal existing National Government rules on cash placement.
- Manual of Regulations provisions on liquidity and reporting remain effective.
- The Circular takes effect 15 days after publication.