Law Summary
Notification Requirement for Functional Currency Financial Statements
- Companies filing financial statements denominated in a currency other than the Philippine peso for statutory purposes must notify the Securities and Exchange Commission (SEC).
- Notification must include an assessment justifying the determination of the functional currency.
- An illustrative notification format is provided in Annex A.
Certification and External Auditor's Report
- The notification must be signed by the company’s Chief Executive Officer and Chief Financial Officer.
- It must be accompanied by a report from the external auditor affirming that the functional currency determination complies with PAS 21.
- An illustrative external auditor's report is provided in Annex B.
Dual Presentation of Financial Statements
- If a company’s functional currency is not the Philippine peso but it opts to present financial statements in Philippine peso, it must submit financial statements in both the functional currency and Philippine peso.
- The translation to Philippine peso must adhere to PAS 21 requirements.
- A notification similar to the initial filing must be submitted to the SEC.
Filing Deadlines for Notifications
- Notifications for initial functional currency financial statement filings must be submitted within 45 days after the year-end in which such financial statements are first presented.
Procedure for Change in Functional Currency
- When a company changes its functional currency, it must file a notice with the SEC within 30 days after the end of the year in which the change occurred.
- The notice should include the reasons for the change and be signed by appropriate officers.
- A report from the external auditor confirming compliance with PAS 21 must accompany this notice.
- The SEC reserves the right to object to a change in functional currency based on previous company representations and PAS 21 principles.
Publication and Effectivity
- This Circular shall be published in two newspapers of general circulation in the Philippines.
- It takes effect 15 days after the last publication date.
Compliance and Penalties
- Non-compliance with these guidelines will render the company’s financial statements non-compliant with applicable regulations.
- Companies failing to comply risk sanctions under existing laws governing financial reporting and corporate compliance.