Law Summary
Scope of Application
- Applies to all universal and commercial banks.
- Requires formal internal credit risk rating systems for underwriting and ongoing administration of corporate credit exposures.
- Systems must suit the bank's nature, complexity, and scale.
- Corporate credit exposure initially includes companies with assets exceeding P15 million.
Minimum Operational Requirements
- Internal credit risk rating systems must be approved by the board of directors or equivalent management committee.
- Boards must provide consistent oversight of these systems.
- Systems must be integrated into the credit risk management process, influencing evaluation and review of exposures.
- Credit underwriting must become more conservative as credit ratings deteriorate.
- All credit decisions require written assessments.
- Provisioning standards must align logically with the internal ratings.
- Banks must maintain an independent credit risk control function responsible for system design, implementation, and performance.
- The credit risk control function must operate independently from business origination activities.
- Internal ratings must be regularly reported to the board, including portfolio quality and default analysis.
- Internal and external audits must review the system and credit risk control operations at least annually.
Minimum Technical Standards
- Banks must fully document their internal credit risk rating systems covering coverage, criteria, parties involved, rating exceptions, approval authorities, review frequency, and management oversight.
- Documentation must include rationale and analyses ensuring meaningful risk differentiation.
- Rating criteria should combine qualitative and quantitative factors with transparent, experience-based quantitative ranges, including leverage and cash flow standards.
- Banks must keep detailed rating histories for individual accounts, including ratings, dates, methodologies, analysts, default data, and realized default rates.
- Systems must have at least 6 rating grades for unclassified accounts and 4 for classified accounts, consistently applied over time.
- Exposures must be meaningfully distributed without excessive concentration in single grades.
- Ratings must reflect two dimensions: borrower quality and facility (security/collateral) risk.
- Audited financial statements by SEC-accredited external auditors are required for rating corporate borrowers with assets over P15 million starting 2005.
Timetable for Implementation
- Banks must submit an implementation plan to BSP supervisory departments by 31 July 2004.
- Penalty of P10,000 per banking day applies for delays in submission.
- A fully documented, board-approved internal credit risk rating system must be submitted by 31 December 2004.
- Upon approval, all prospective and existing corporate accounts must be evaluated and monitored using the system.
- Same penalty applies for delay in compliance after the deadline.
- The Circular is effective 15 days after publication in the Official Gazette or a general circulation newspaper.