Title
Definition of Qualified Buyers under SRC
Law
Sec Memorandum Circular No. 6, S. Of 2007
Decision Date
Dec 10, 2007
The Securities and Exchange Commission establishes criteria for "qualified buyers," defining individual and institutional qualifications based on income, net worth, and trading experience, effective January 15, 2008.

Definition and Qualifications of a Qualified Institutional Buyer

  • A juridical person qualifies if, at registration time, it meets one of the following:
    • Minimum annual gross income of at least PhP100,000,000 for at least two years prior;
    • Total portfolio investment in securities registered with the Commission of at least PhP60,000,000;
    • Net worth of not less than PhP100,000,000.

Application and Documentation Requirements for Registration

  • Applications must include:
    • Signed Information Sheet (specific forms for Individual and Institutional Buyers in Annexes 1 and 2).
    • Proof of qualifications.
    • Copies of income tax returns for the preceding two years, filed and stamped by the Bureau of Internal Revenue.

Validity and Renewal of Registration

  • Registration is valid for two years.
  • Renewal requires:
    • Favorable recommendation of the authorized registrar.
    • Approval of the Securities and Exchange Commission.

Registry Book and Inspection Rights

  • Registry book maintained by authorized registrants.
  • Must always be open for review or inspection by the Commission.

Restrictions on Transfer of Securities

  • Securities purchased by qualified buyers cannot be assigned, transferred, or sold to non-qualified investors.

Effectivity

  • The Memorandum Circular takes effect on January 15, 2008.

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