Title
Amendments on ROPOA Regulations for Banks
Law
Circular No. 306, S. 2002
Decision Date
Jan 9, 2002
Circular No. 306, S. 2002 mandates the recording and appraisal of real and other properties owned or acquired by banks and non-bank financial institutions, stipulating that properties acquired through foreclosure must be valued at the lower of the loan balance or purchase price, with specific guidelines for properties exceeding P5 million and the treatment of non-cash payments for interest.
A

Use of Valuation Reserves While Account Is in Non-performing Portfolio

  • Allowances for probable losses previously booked during the non-performing stage can be used to cover required valuation reserves on other accounts.
  • With supervisory approval, any unused valuation reserve may be credited to income.
  • This allowance utilization is conditional on the appraised property value not being lower than the booked ROPOA amount.

Property Appraisal Requirements Prior to Foreclosure or Acquisition

  • Properties intended for foreclosure or acquisition must be appraised to determine true economic value.
  • Independent appraisals, approved by the BSP, are required for ROPOA valued over ₱5 million.
  • In-house appraisals must occur at least biennially.
  • Immediate reappraisal is required if there is a material decline in property value.

Non-Cash Payment of Interest and Income Recognition

  • Banks and NBQBs accepting non-cash interest payments from borrowers must defer income recognition until the property is sold.
  • Non-cash payments are debited to the ROPOA account with reversal of accrued interest receivable.
  • Valuation reserves remain undisturbed.
  • Non-cash interest payments not yet accrued are credited temporarily to an "Other Deferred Credits" account.
  • Upon property sale, appropriate entries reverse deferred credits and recognize income.

Inclusion of Foreclosure Expenses and Taxes in Book Value

  • Foreclosure expenses and other charges, except for non-refundable capital gains and documentary stamp taxes (covered elsewhere), are included in the book value of ROPOA.
  • Amendments clarify consistent treatment of these costs within the Manual of Regulations.

Definitions and Recording of ROPOA in the Manual of Accounts

  • ROPOA includes properties acquired by banks through foreclosure, dation in payment, or other reasons, excluding those for banking operations or investment portfolios.
  • Recording rules differ depending on acquisition method but emphasize lower of loan balance or purchase price valuation.
  • Excess loan balances over bid price are charged to Miscellaneous Income/Loss.
  • Deficiency judgments and probable claims are recorded under real or contingent accounts respectively.
  • Expenses related to foreclosure, acquisition, maintenance, and advances are charged to Litigation/Assets Acquired Expenses.
  • Income from ROPOA is credited to Income from Assets Acquired.
  • Separate controls are maintained for domestic, foreign currency denominated units (FCDUs/EFCDUs), and foreign branches.

Allowance for Probable Losses (Valuation Reserve) for ROPOA

  • Represents provisions set aside against current operations to cover losses when book values exceed appraised property values.
  • Mandated under existing rules and regulations to maintain valuation reserves.
  • Separate sub-control accounts for domestic, abroad, and FCDU/EFCDU properties.

Effective Date and Adoption

  • Provisions are effective immediately upon issuance.
  • Adopted by BSP Governor Rafael B. Buenaventura on 8 January 2002.

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