SANCTIONS FOR NON-COMPLIANCE WITH MINIMUM CAPITAL REQUIREMENTS

National Administrative Register September 2, 1998 [ BSP CIRCULAR NO. 176, September 07, 1998 ]



Pursuant to Monetary Board Resolution No. 1266 dated September 2, 1998, the following sanctions for non-compliance with minimum capital requirements are hereby prescribed:

Monetary Penalty:

For delayed or non-submission of the capital build-up program reckoned from the time the bank was notified in writing up to the time program has been submitted per banking day of delay, a monetary penalty of:

Type of Bank Amount of Penalty
Expanded & Non-Expanded Commercial Banks P 10,000.00
Thrift Banks P 5,000.00
Rural Banks P 1,000.00

Non-Monetary Penalty:

Non-monetary penalties shall depend on the degree of capital deficiency incurred by the bank, as follows:

For COMMERCIAL BANKS:

% of Capital Deficiency Penalty
Up to 20% – Suspension of authority to invest in non-allied undertakings (for EKBs only)
  – Suspension of authority to invest in allied undertakings
  – Suspension of securities and dealership functions (for EKBs only)
  – Suspension of branching privileges
  – Suspension of declaration of cash dividends
Up to 40% – Suspension of authority to invest in non-allied undertakings (for EKBs only)
  – Suspension of authority to invest in allied undertakings
  – Suspension of securities and dealership functions (for EKBs only)
  – Suspension of branching privileges
  – Suspension of declaration of cash dividends
  – Restrictions on overall loan growth/investments (new loans to the extent of collections only)
  – Restrictions on lending affiliates
  – Denial of access to BSP rediscounting facilities
  – Suspension of authority to accept or handle government deposits
Up to 60% – Suspension of authority to invest in non-allied undertakings (for EKBs only)
  – Suspension of authority to invest in allied undertakings
  – Suspension of securities and dealership functions (for EKBs only)
  – Suspension of branching privileges
  – Suspension of declaration of cash dividends
  – Restrictions on overall loan growth/investments (new loans to the extent of collections only)
  – Restrictions on lending affiliates
  – Denial of access to BSP rediscounting facilities
  – Suspension of authority to accept or handle government deposits
  – Suspension of authority to engage in quasi-banking activities
  – Suspension of authority to engage in derivative activities
  – Suspension of FCDU/EFCDU activities
  – Suspension of trust operations
Up to 80% – Suspension of authority to invest in non-allied undertakings (for EKBs only)
  – Suspension of authority to invest in allied undertakings
  – Suspension of securities and dealership functions (for EKBs only)
  – Suspension of branching privileges
  – Suspension of declaration of cash dividends
  – Denial of access to BSP rediscounting facilities
  – Suspension of authority to accept or handle government deposits
  – Suspension of authority to engage in quasi-banking activities
  – Suspension of authority to engage in derivative activities
  – Suspension of FCDU/EFCDU activities
  – Suspension of trust operations
  – Suspension of international banking activities
  – Suspension of lending activities
More than 80% – Suspension of clearing privileges
  – Suspension of granting of bonuses/profit-sharing not covered by existing contracts or By-Laws
  – Cease and desist

For THRIFT BANKS

% of Capital Deficiency
Penalty
Up to 20%
– Suspension of branching privileges
– Suspension of declaration of cash dividends
Up to 40%
– Suspension of branching privileges
– Suspension of declaration of cash dividends
– Restrictions on overall loan growth/investments (new loans to the extent of collections only)
– Restrictions on lending to affiliates
– Denial of access to BSP rediscounting facilities
– Suspension of authority to accept or create demand deposits or operate NOW accounts
– Suspension of authority to accept government deposits
Up to 60%
– Suspension of branching privileges
– Suspension of declaration of cash dividends
– Restrictions on overall loan growth/investments (new loans to the extent of collections only)
– Restrictions on lending to affiliates
– Denial of access to BSP rediscounting facilities
– Suspension of authority to accept or create demand deposits or operate NOW accounts
– Suspension of authority to accept government deposits
– Suspension of authority to engage in quasi-banking activities
– Suspension of FCDU activities
– Suspension of authority to invest in allied undertakings
– Suspension of trust operations
Up to 80%
– Suspension of branching privileges
– Suspension of declaration of cash dividends
– Denial of access to BSP rediscounting facilities
– Suspension of authority to accept or create demand deposits or operate NOW accounts
– Suspension of authority to accept government deposits
– Suspension of authority to engage in quasi-banking activities
– Suspension of FCDU activities
– Suspension of authority to invest in allied undertakings
– Suspension of trust operations
– Suspension of lending activities
– Suspension of issuance of domestic LCs
More than 80%
– Suspension of clearing privileges
– Suspension of granting of bonuses/profit-sharing not covered by existing contracts or By-Laws
– Cease and desist

For RURAL BANKS

Up to 20 % – Suspension of branching privileges
  – Suspension of declaration of cash dividends
Up to 40% – Suspension of branching privileges
  – Suspension of declaration of cash dividends
  – Restrictions on overall loan growth/investments (new loans to the extent of collections only)
  – Denial of access to BSP rediscounting facilities
  – Suspension of authority to accept or create demand deposits or operate NOW accounts
  – Suspension of authority to accept government deposits
Up to 60% – Suspension of branching privileges
  – Suspension of declaration of cash dividends
  – Restrictions on overall loan growth/investments (new loans to the extent of collections only)
  – Denial of access to BSP rediscounting facilities
  – Suspension of authority to accept or create demand deposits or operate NOW accounts
  – Suspension of authority to accept government deposits
  – Suspension of authority to invest in allied undertakings
Up to 80% – Suspension of branching privileges
  – Suspension of declaration of cash dividends
  – Denial of access to BSP rediscounting facilities
  – Suspension of authority to accept or create demand deposits or operate NOW accounts
  – Suspension of authority to accept government deposits
  – Suspension of authority to invest in allied undertakings
  – Suspension of lending/investment activities
More than 80% – Suspension of clearing privileges
  – Suspension of granting of bonuses/profit-sharing not covered by existing contracts or By-Laws
  – Cease and desist

This Circular shall take effect immediately.

Adopted: 7 Sept. 1998

(SGD.) GABRIEL C. SINGSON
Governor