Professional Documents
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Central Bank Regulation and Supervision
Central Bank Regulation and Supervision
The services of financial institution are for sale to the public. They employ various
forms of promotions in their efforts to acquire more customers and are selling services
which have more significant effects on the economy and the buyers of such services. In the
event that anomalies may arise from their operations, it may result to inflation, collapse of
the financial system and loss in money of depositor and investors.
` The business of financial institutions and the like is imbued with public trust and
public confidence. This is the main reason why the government, through the Bangko Sentral
ng Pilipinas and other government agencies is concerned with the viability these institutions.
Thus their activities are closely monitored by the BSP
The Bangko Sentral has supervision over the operations of banks and exercises such
regulatory powers as provided in the New Central Bank Act and other pertinent laws over
the operations of finance companies and non-bank financial institutions performing quasi-
banking functions.
Banking Institutions
The Manual of Regulations for Banks (MORB) is the primary source of regulations governing
entities supervised by the Bangko Sentral ng Pilipinas. It provides the rules and policy issuances that
implement the broader provisions of Republic Act No. 8791, also known as the General Banking Law
of 2000, as well a s other pertinent banking laws- updated as of December 2020
The Manual of Regulations for Banks (the “Manual”) is divided into eleven (11) parts
covering the following topics:
1. Organization, Management and Administration
2. Deposits, Borrowings and Other Liabilities
3. Loans, Investments and Special Credits
4. Trust, Other Fiduciary Business and Investment Management
Activities
5. Manual of Regulations on Foreign Exchange Transactions
6. Treasury and Money Market Operations
7. Electronic Banking Services and Operations
8. Regulations on Payment Systems
9. Anti‐Money Laundering Regulations
10. Financial Consumer Protection
11. Other Banking Regulations
Types of Bank
A. Universal and commercial banks (U/KBs)
B. Thrift banks (TBs)
C. Rural banks and cooperative banks (RBs/Coop Banks)
A. Universal/ Commercial banking
Commercial banks make money by providing and earning interest from loans such as
mortgages, auto loans, business loans, and personal loans. Customer deposits provide banks
with the capital to make these loans.
B. Thrift Banks
A thrift bank–also just called a thrift–is a type of financial institution that specializes in
offering savings accounts and originating home mortgages for consumers. Thrift banks are
also sometimes referred to as Savings and Loan Associations (S&Ls). Thrift banks differ from
larger commercial banks, because they usually offer higher yields on savings accounts and
provide limited lending services to businesses.
While a thrifts' core offerings are traditional savings accounts and home
loan origination, these institutions also offer checking accounts, personal and car loans, and
credit cards for consumers. However, they give primary attention to home financing for
single-family residences. Thrifts are structured either as corporate entities that are owned by
their shareholders, or they are mutually-owned, i.e. owned by their borrowers and
depositors.
1. Savings Bank- These banks generate funds from selling savings to customers and
investing in mortgage loans.
2. Private Development Bank- These banks are formed to support government
policies.
3. Stock Savings and Loan Associations- A locally or privately managed financial
banking institution that takes long-term deposits to provide amortized home
loans.
Rural banks are government partners in countryside development, these banks fill an
important niche in the rural economy with rural borrowers forming the grassroots of the
social class. These banks help stimulate rural development by catering to the needs of local
communities where access to credit through commercial banks seems impossible.
Cooperative Banks. A Coop Bank is one organized for the primary purpose of
providing a wide range of financial services to cooperatives and their members. It shall be
organized only by cooperative organizations that are duly established and registered under
the Philippine Cooperative Code of 2008 (R.A. No. 9520).
The Manual of Regulations for Non‐Bank Financial Institutions (the “Manual”) cover
s:
Type of Non‐Bank Financial Institution
1. Q Quasi‐Banking
2. S Non‐Stock Savings and Loan Associations (NSSLAs)
3. P Pawnshops
4 N Other Non‐Bank Financial Institutions
5. T Trust Corporations
6. CC Non‐Bank Credit Card Issuers
Types of Examinations
The BSP uses three types of examination in supervising banking institutions.
This is undertaken once a year that covers the verification of assets, liabilities and capital
accounts such as loans or deposits. This is an examination to follow-up the findings in a previous
examination to determine whether the institution has implemented the recommendations of the
BSP or whether the errors have been corrected as suggested by the BSP examiners.
2. Special Investigation.
Although this is not an examination, its procedure sometimes involves some steps of what are
being done in a regular and special examinations. This is conducted when a complaint is received
by the BSP from a borrower, stockholder, depositor or an employee or even anybody regarding the
operation of a financial institution.
Article III SEC. 25. Supervision and Examination. _ The Bangko Sentral shall have
supervision over, and conduct periodic or special examinations of, banking institutions
and quasi-banks, including their subsidiaries and affiliates engaged in allied activities.
(New Central Bank Act)
Regulation refers to the issuance of rules and conduct or the establishment of modes or
standard of operation from uniform application to all financial institutions or functions covered. It
is also undertaken through review and analysis of reports submitted by a financial institution to a
government agency concerned.
Supervision and regulation financial institution are being undertaken by the government
for the following purposes:
1. To ensure full compliance with laws, rules and regulations affecting the operation and
activities of financial institutions.
2. To ensure that the financial institutions being supervised and regulated are operating
on
a sound financial basis (that is they are solvent and stable), so that their stockholders
are
assured of a fair return on their capital investments.
3. To act as guardian of depositors and money make investors in order to ensure that
they
get only the interest payments but also their deposits and placements.
4. To protect the interest of other creditors of financial institutions.
5. To protect the interest of the investments of the government
6. To ensure the stability, solvency and safety of our financial system towards the
economic
development of urban and rural areas.
The supervisory and regulatory agencies of the government such as the Bangko Sentral ng
Pilipinas and the Securities and Exchange Commission ( SEC ) and other officers, perform functions on a
continuing basis. This is a way to have close supervision and controllership on bank and NBFIs to drive
these institutions away from mismanagement and fraud in their operations.
The Securities and Exchange Commission (SEC) or the Commission is the national
government regulatory agency charged with supervision over the corporate
sector, the capital market participants, and the securities and investment
instruments market, and the protection of the investing public. Created on October 26, 1936
by Commonwealth Act (CA) 83 also known as The Securities Act, the Commission was tasked
to regulate the sale and registration of securities, exchanges, brokers, dealers and
salesmen.
SEC is the registrar and overseer of the Philippine corporate sector; it supervises
more than 600,000 active corporations and evaluates the financial statements
(FS) filed by all corporations registered with it. SEC also develops and regulates the capital
market, a crucial component of the Philippine financial system and economy. As it
carries out its mandate, SEC contributes significantly to government revenues.
The SEC supervises and regulates financing companies. It also has the power to
place them under receivership to protect the interest of creditors and
stockholders.
Receivership means:
For the duration of a receivership, the company's principals remain in place (but they
have little authority over the company).
In case of financing companies under the supervision and regulation of the SEC,
the latter issues cease and decease order to stop operation of erring financial institutions or
lending institutions. Its operations will resume if errors have been corrected or
improved operations.
Putting a bank or a NBFI is just like starting another business. These business will not be allowed to
operate if its existence will not contribute to public interest or improvement of economic conditions in the
community. The government also imposes laws and regulations to reduce competition.
The supervision of the banking system by the BSP is designed to protect public interest as well as
the banking system. The benefits of bank supervision must surpass the cost of controls. The major benefits
of bank control are:
2. Elimination of monopoly
The BSP, through Supervision and Examination Sector/Department, conducts supervision and
examinations of banking institutions by means of:
1. Examining the books, documents and records of banking institutions operating within the
Philippines, including all government credit institutions and non-bank financial intermediaries and
all their affiliates and its subsidiaries.
2. The heads and the examiners of the supervising or examining departments are authorized to
administer oaths to any director, officer or employee of the banking institution under their
respective supervision or subject to their investigation.
3. Compel the presentation of all books, document, paper or records necessary to ascertain as well
as the books and records of persons and entities in connection with the operations, activities or
transactions of the concerned institutions.
4. No restraining order or injunction is to be issued by the court enjoining the BSP from examining
any institution subject to the supervision and / or examination by the BSP, unless there is a
convincing proof that the action of the BSP is arbitrary and made in bad faith.
5. Department head and examined are authorized by the Monetary Board to examine, inquire and
look into all the deposits of whatever nature with banking institutions in the Philippines, including
investments in debt instruments issued by the national government, its political subdivision and its
instrumentality, after being satisfied that there is reasonable ground to believe that a bank fraud
or serious irregularity has been committed and that is necessary to look into the deposits to
establish such fraud or irregularity.
Sources :
https://www.bsp.gov.ph/Regulations/Issuances/2020/m005.pdf
https://www.bsp.gov.ph/Regulations/MORB/2018MORNBFI.pdf
https://www.sec.gov.ph/about-us/power-and-functions/
Central Banking by Feliciano R. Fajardo & Manuel M. Manansala, Revised Edition
https://www.investopedia.com/terms/u/universalbanking.asp
https://prezi.com/pta2xo5vansi/rural-banks-in-the-philippines/#:~:text=%2D%20government
%2Dsponsored%2Fassisted%20banks,people%20of%20the%20rural%20community.
https://www.bsp.gov.ph/Media_And_Research/Publications/BS11_A3.pdf
https://morb.bsp.gov.ph/appendix-34/#:~:text=A%20Coop%20Bank%20is%20one,9520).
https://www.banksphilippines.com/2014/04/list-of-universal-banks-in-philippines.html
https://www.wallstreetmojo.com/thrift-bank/
https://www.banksphilippines.com/2021/09/cooperative-banks-philippines.html