Title
Amendments on Secured DOSRI Loans
Law
Bsp Circular No. 186
Decision Date
Jan 26, 1999
BSP Circular No. 186 amends regulations on secured loans to directors, officers, stockholders, and their related interests (DOSRI) of banks and quasi-banking institutions, stipulating that such loans must be secured by high-grade assets and limiting loan values to 50% of the market value of stocks from listed corporations with a net worth of at least P1 billion and five years of earnings.

Specific Conditions for "Blue Chip" Stocks as Collateral

  • The issuer of the "blue chip" stocks must be a listed corporation.
  • Such corporation must have a net worth of at least PHP 1 billion.
  • It must have a track record of at least five consecutive years of earnings based on the immediately preceding five years.
  • The loan value secured by the "blue chip" stocks should be limited to 50% of their market value.

Applicability to Different Financial Institutions

  • The provisions amend relevant subsections across Books I to IV of the Manual of Regulations for Banks and Other Financial Intermediaries.
  • Book I covers banks; Book II covers non-bank financial intermediaries; Book III includes other quasi-banking institutions; Book IV involves non-banks performing quasi-banking functions.
  • Each book incorporates the same definition and parameters for secured loans to DOSRI with identical conditions regarding collaterals.

Additional Provisions in Book IV

  • For loans secured by receivables arising from financial leases, the guaranty deposit plus 60% of the remaining value of leased equipment may be considered as security.

Immediate Effectivity and Regulatory Authority

  • The circular was adopted on January 26, 1999, by the Governor of the Bangko Sentral ng Pilipinas.
  • The amendments take effect immediately upon issuance.

Legal and Regulatory Intent

  • The regulations ensure strict prudential standards on secured loans extended to DOSRI to safeguard financial stability.
  • They impose stringent collateral requirements to mitigate credit risk.
  • They specify valuation rules especially for stocks considered as collateral, thereby promoting transparent and conservative lending practices within banking and quasi-banking entities.

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