Title
Investment Rules for Pre-Need Trust Funds
Law
Sec Memorandum Circular No. 1, S. 2000
Decision Date
Jun 21, 2000
The SEC Memorandum Circular No. 1, S. 2000 mandates that pre-need companies limit their trust fund investments to fixed income instruments, mutual funds, equities, and real estate, ensuring liquidity and capital growth while safeguarding planholders' benefits.
A

Fixed Income Instruments

  • Divided into short-term (maturity ≤ 365 days) and long-term.
  • Includes government securities (minimum 10% of trust fund equity).
  • Savings/time deposits and common trust funds with duly rated commercial banks.
  • Commercial papers registered with SEC; credit rating of "1" (short-term) or "Aaa" (long-term).
  • Limits: max 15% of trust fund equity for long-term commercial papers; max 10% exposure per commercial paper.
  • Direct loans to financially stable, profitable corporations secured by real estate mortgages (up to 60% appraised property value).
  • Direct loans max 5% of trust fund equity; max 10% per borrower; loan term max 2 years.

Mutual Funds

  • Must be registered with the Securities and Exchange Commission.
  • Investments restricted to fixed income instruments and blue chip stocks.
  • Subject to prescribed legal and regulatory limitations.

Equities

  • Investments only in stocks listed on the Philippine Stock Exchange Big Board.
  • Criteria for stocks: financially stable companies, actively traded, good growth record, and dividend declaration in last three years.
  • Allocation max 25% of trust fund equity; max 10% exposure per stock issue.
  • Valuation: recorded at lower of cost or market value.
  • Non-compliant existing investments to be disposed of within 1.5 years from circular effectivity.

Real Estate

  • Limited to properties in strategic areas of cities and first-class municipalities.
  • Title requirements: TCT in seller's name, free from liens/encumbrances; transferred to trustee unless seller is pre-need company.
  • Recorded at acquisition cost; subject to appraisal every 5 years by accredited appraiser.
  • Appraisal adjustment: 50% of increased value recorded; full decrease recorded.
  • Appraisal increment cannot be used to meet mandatory contributions.
  • Total real estate investment capped at 25% of trust fund equity.
  • Existing excess real estate investments must be reduced to limit within 2 years.

Trustee Responsibilities

  • Exercise due diligence, exclusive management and control over trust fund assets.
  • Maintain liquidity reserve to cover benefits due within the year, minimum 20% of net asset value.
  • Requires submission of payable fully paid plans every fiscal year start.
  • Prohibits investing trust funds or extending loans to the pre-need company, its insiders, or related entities.

Securities and Exchange Commission Powers

  • May demand conversion of investments to cash or near-cash assets to protect planholders' interests.

Repealing Clause

  • All conflicting circulars, rules, or regulations are repealed or modified accordingly.

Effectivity

  • The circular takes effect immediately upon adoption on June 21, 2000.

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