Title
Increase in Capitalization of Rural Banks
Law
Presidential Decree No. 447
Decision Date
May 7, 1974
Presidential Decree No. 447 aims to strengthen rural banks in the Philippines by increasing their capitalization, allowing them to actively support the agrarian reform program and promote agricultural and industrial production in rural areas. The law authorizes the Central Bank to convert rediscounting obligations into additional capitalization and government equity, while also requiring rural banks to match government equity with private equity.

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.

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