Title
Transfer of SEC supervision to Trade Dept.
Law
Op Executive Order No. 800
Decision Date
May 14, 2009
Gloria Macapagal-Arroyo's Executive Order No. 800 transfers the administrative supervision of the Securities and Exchange Commission from the Department of Finance to the Department of Trade and Industry to enhance coordination in trade, industry, and investment policies.
A

Legal basis and related prior issuance

  • The Order cites Executive Order No. 192 (07 January 2000) for having transferred the SEC under the administrative supervision of the Department of Finance.
  • The Order cites the President’s continuing reorganization power under EO No. 292, otherwise known as the Administrative Code of 1987.
  • The Order is issued by the President under the powers vested in me by law, exercising authority to reorganize the National Government.

Policy and purpose statement

  • The Order provides that the Department of Trade and Industry is the primary coordinative, promotive, facilitative, and regulatory arm of the Executive Branch for trade, industry and investment.
  • The Order states that transferring administrative supervision is necessary and practical to facilitate coordination of policies and programs in trade, industry and investment.
  • The Order frames the transfer as aligning SEC supervision with the trade, industry, and investment coordination role of the Department of Trade and Industry.

Transfer of SEC administrative supervision

  • Section 1 places the Securities and Exchange Commission under the administrative supervision of the Department of Trade and Industry.
  • The transfer under Section 1 moves administrative supervision away from the Department of Finance that had previously been assigned under EO No. 192 (07 January 2000).
  • The operative administrative supervisory relationship established is between the SEC and the Department of Trade and Industry under Section 1.

Effective date and commencement

  • Section 2 provides that the Executive Order shall take effect immediately.
  • The Order’s binding effect starts upon issuance/implementation as stated by Section 2, without any waiting period tied to publication.

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