Law Summary
Establishment and Composition of the Financial Rehabilitation Board
- Creates a Financial Rehabilitation Board composed of five members.
- Members are nominated by the President and appointed with the Commission on Appointments' consent.
- The Board manages and invests the Rehabilitation Fund according to the Act's purposes.
- Board regulates salaries and expenses of banks receiving aid.
- Empowers the Board to issue necessary rules to implement the Act.
Investment Criteria and Conditions
- Board is authorized to invest in preferred shares of banks seeking financial assistance.
- Requires applicants to have exhausted efforts to secure shareholder support prior to Board investment.
- Preferred shares must have cumulative dividends: 1% for first 5 years, 2% for next 5 years, 3% thereafter.
- Preferred shares have priority over common and other preferred shares during asset distribution upon liquidation.
- Preferred shares held by the Board include voting rights.
Sale of Preferred Shares
- Board may sell whole or parts of its preferred stock holdings to highest bidders in the open market.
Allocation of Dividends
- Dividends received by the Board from preferred shares revert to the National Treasury's general fund.
Board Operations and Administration
- Board mandated to meet monthly and additionally as needed.
- President designates the Board Chairman who acts as executive officer.
- Chairman supervises records and authorizes fund disbursements under Board oversight.
Expenses of the Board
- Authorizes the Board to utilize up to ten thousand pesos from the fund for operational expenses including personnel salaries.
Authority on Issuance and Retirement of Preferred Shares by Banks
- Existing Philippine banks authorized to issue one or more classes of preferred shares per the Act.
- Bank Commissioner may permit or require retirement of preferred shares when financial condition permits.
- Retirement involves payment of par value plus accumulated dividends.
- Post-retirement, the capital and surplus must not fall below ten percent of outstanding deposit liabilities.
- Preferred shares held by the Board are prioritized for retirement.
Resumption of Operations for Insolvent Banks
- Bank Commissioner may defer liquidation of insolvent banks by ordering segregation and conversion of excess non-preferred liabilities.
- The liabilities converted into deferred pro rata credits payable from future net profits.
- Deferred liabilities do not encumber bank assets; net profits first cover dividend requirements on preferred shares.
- Creditors holding 25% or more of bank liabilities may challenge the Commissioner's order within ten days in the Supreme Court.
- The Supreme Court exercises original jurisdiction, appoints a commissioner to receive evidence, simplifies proceedings, and renders a decision within 30 days.
Issuance of Preferred and Common Stocks for Rehabilitation
- All banks authorized to issue preferred stock according to the Act.
- Banks not receiving assistance under the Act may issue preferred and/or common stock for rehabilitation purposes.
Repeal of Inconsistent Laws
- Repeals all laws and legal provisions inconsistent with this Act.
Effectivity
- The Act takes effect immediately upon approval on January 15, 1946.