Law Summary
Capitalization Increase Directive
- Rural banks shall increase their government and private capitalizations.
- Central Bank of the Philippines (CBP) determines the amounts, proportions, and schedule for such increases.
- Goals focus on meeting credit demands of rural areas and agrarian reform beneficiaries.
Conversion of Rediscounting Obligations into Equity
- CBP authorized to convert rural banks' rediscounting obligations into equity held by the Land Bank of the Philippines.
- This conversion is subject to conditions prescribed by the CBP.
- The Secretary of Finance must issue government bonds to CBP corresponding to this equity acquisition.
- Land Bank issues shares of stock to the Republic of the Philippines in exchange.
Government Direct Investment to Meet Capitalization Requirements
- If converted rediscounting obligations are insufficient to meet required capitalization, Government will directly invest.
- Government investment paid via issuance of government bonds to rural banks.
- Bonds can be pledged, sold, or disposed of as regulated by the Monetary Board.
- If rural bank has no rediscounting obligations, government bonds may still be issued to raise equity.
- Total government investment capped by the aggregate rediscounting obligations outstanding as of June 30, 1974.
Preferred Shares and Dividend Provisions
- Preferred shares issued to Land Bank carry a 3% dividend without preference.
- Land Bank, as preferred shareholder, entitled to nominate one director in the rural bank.
Interest and Reserve Treatment of Government Bonds
- Government bonds issued as investment bear 3% interest per annum.
- Bonds issued directly to rural banks enjoy Central Bank support.
- Such bonds may be counted as part of rural banks' required reserve against deposit liabilities.
Private Equity Matching and Enforcement Measures
- CBP authorized to require rural banks to match government equity with private equity.
- CBP may approve the establishment of new rural banks in areas served by existing ones under specific default conditions:
- Failure to submit or comply with viable capitalization programs.
- CBP empowered to facilitate sale of unissued shares to public or acceptable parties.
Implementation and Effectivity
- The Monetary Board of the CBP to issue necessary implementing rules and regulations.
- Immediate effectivity upon issuance of the Decree.
Signatories
- Signed by President Ferdinand E. Marcos and Executive Secretary Alejandro Melchor on May 7, 1974, in Manila.