Title
Creation of Philippine National Bank
Law
Act No. 2612.
Decision Date
Feb 4, 1916
The National Bank Act establishes the Philippine National Bank (PNB) with the power to prescribe its by-laws, transfer assets and liabilities from the Agricultural Bank, and provide loans secured by real estate mortgages and promissory notes, among other provisions.
A

Capital Stock and Government Subscription

  • Capital stock fixed at 20 million pesos divided into 200,000 shares at 100 pesos each.
  • Payment for shares is staggered with specific deadlines from 1917 to 1921.
  • Government must purchase 101,000 shares at par.
  • 99,000 shares offered to the public with restrictions to maintain government majority ownership.

Government Purchase and Appropriations

  • Appropriations totaling several million pesos, from the Insular Treasury and specific sinking funds, to cover government share purchases.
  • Continuing appropriations for additional investments in bank stock yearly until 1921.
  • Government voting power in purchased stock vested solely in the Governor-General.

Transfer and Abolition of Government Agricultural Bank

  • Assets and liabilities of the Government Agricultural Bank transferred to PNB.
  • Transfer credited as part payment for government subscription.
  • Agricultural Bank abolished upon PNB inauguration.

Loan Provisions and Agricultural Focus

  • Loans on real estate mortgages limited to 50% of capital and surplus and 60% of appraised land value.
  • Loans for agricultural purposes with security and purpose restrictions.
  • Loans up to 30% of capital and surplus for agricultural, industrial, or commercial promissory notes with max maturity of 120 days.
  • Loans up to 20% of capital and surplus on any bankable paper not covered under other loans.
  • Preference given to loans promoting agriculture.
  • Authority to make loans on harvested/stored crops and standing crops with insurance and security requirements.

Real Estate Bonds and Circulating Notes

  • Authorization to issue real estate bonds up to 90% of real estate loans.
  • Bonds engraved, signed by bank officials, payable in U.S. gold coin or Philippine lawful money.
  • Bonds are tax-exempt and serve as government-accepted security.
  • Bonds subject to redemption by lot with premium if redeemed early.
  • Authorization to issue circulating notes backed by securities and gold coin.
  • Circulating notes exempt from taxes and receivable for government dues.

Deposit and Banking Business

  • PNB authorized and obligated to receive deposits from governmental entities and private persons.
  • Interest on deposits capped at 4% per annum.
  • Governor-General may authorize deposits in other banks if in public interest.

Management and Governance

  • Board of Directors composed of president, vice-president, and five elected members.
  • President is chief executive, appointed by the Governor-General with legislative consent.
  • President empowered to make loans under specified limits and report to the board.
  • Officers and employees appointed by the president with board approval for certain positions.
  • Officers and employees not subject to Civil Service Law.
  • Bonds required from president, vice-president, directors, and employees as fidelity security.
  • Attorney-General serves as bank attorney but may employ others.
  • Insular Auditor serves as bank auditor with periodic reports.

Inspection and Confidentiality

  • Bank subject to periodic inspection for solvency by Insular Treasurer.
  • Prohibition on certain government officials from owning stock or incurring indebtedness to the bank.
  • Confidentiality of inspection and deposit information mandated, limited disclosure.

Terms of Office and Elections

  • President and vice-president serve six-year terms with salary conditions.
  • Five board members serve one-year terms and receive per diems.
  • Annual stockholder meetings for election of directors.

Branches and Agencies

  • Authorization to establish up to two branches in the United States with functions related to fund handling and business with Federal Reserve Banks.
  • Establishment of branches in provincial capitals and municipalities as needed.
  • Branch officers appointed, bonded, and subject to removal.
  • Branches must report transactions daily to Manila.

Loan Restrictions and Prohibitions

  • No mortgage loans exceeding 50,000 pesos or other loans exceeding 300,000 pesos to individuals or entities.
  • Exception for loans taken over from private banks with government funds under specified conditions.
  • Prohibition on loans to directors, branch agents, members of the Legislature, and government officials without real estate security.

Real Estate and Warehouse Operations

  • Authority to purchase and hold real estate for banking operations and debt collection.
  • Real estate acquired through debt collection must be sold within three years.
  • Authorization to erect bonded warehouses for pledged goods in strategic locations.

Redemption and Sale of Foreclosed Property

  • Mortgagors have one year to redeem foreclosed property by paying court-fixed amount plus costs and interest.
  • Bank may sell depreciated securities after notice and public auction without judicial process.
  • Bank can seek deficiency payments from debtors after sale.

Anti-Forgery and Fee Provisions

  • Forgery of bank notes and bonds penalized under relevant Acts.
  • Prohibition of fees or commissions for obtaining loans; violations punishable under the Act.

Profit Distribution and Government Shares

  • Semi-annual profit allocation: 50% to reserve, 50% to dividends.
  • Dividend cap at 12% per annum on paid capital.
  • Surpluses transferred to undivided profits.
  • Dividends on government shares paid into Insular Treasury.

Legal Existence and Name Restrictions

  • Bank's legal life fixed at 50 years, renewable for an additional 50 by legislation.
  • Prohibition on use of "national" in names of other banking entities without lawful exemption.
  • Penalties for unlawful use of "national" in bank names.

Additional Provisions

  • Temporary detailing of government employees to assist bank organization with reimbursement.
  • Board authorized to adopt regulations consistent with the Act and Corporation Law.
  • Repeal of inconsistent Acts and provisions.
  • Penalties for violations: fines up to 10,000 pesos, imprisonment up to five years, or both.
  • Act effective immediately upon passage.

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