Banking

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for their sale.

However, as industry developed and grew, producers have been included PRESENT POWERS OF COMMERCIAL BANKS
among the clients of commercial banks. Today, commercial banks are the biggest lenders in Under Batas Pambansa Blg 61 the powers necessary to carry on the business of commercial
commercial and industrial loans, They supply loan funds to business firms as well as to banking are the following:
consumers, government agencies, universities, among others. Moreover, commercial banks 1. Accepting of drafts
2. Issuing letters of credits
possess a unique character among the financial intermediaries. The debts of commercial
3. Discounting and negotiating promissory notes, drafts, bill of exchange and other
banks circulate as money, and they have the power to create and destroy money through their
evidences of debt
savings and loan operations 4. Receiving deposits (demand, time and saving) including negotiable order of
withdrawal accounts
The classification of banks and the recognition of other organized financial institutions 5. Buying and selling foreign exchange and gold or silver bullions.
introduced by the financial reforming 1972 are basically the same. The banking sector in the 6. Lending money against personal securities and against mortgages on improved real
Philippines is expanding rapidly, hitting double-digit credit growth in four of the five years estate (land and building) and insured improvements thereon
from 2013 to 2017. The sector has simultaneously recorded notable improvements across
major stability indicators. The country's banking sector is highly liquid and well provisioned, Additional power available to commercial banks include the following:
and it benefits from robust macroeconomic growth, even as excess liquidity and credit 1. Investing in equity (shares of stock)
2. Purchasing, holding and conveying real estate for its immediate accommodation in
concentration in certain sectors have become a concern. All signs point to continued
transacting its business or as mortgagee, creditor and buyer under judgement sales
expansion in 2018, with non-performing loans (NPLs)declining in recent times as credit 3. Establishing branches
growth has gained momentum. Furthermore, global rating agencies have projected stable, 4. Acquiring readily marketable bonds and other debt securities.
sustainable expansion, although, the sector's outsized corporate loan portfolio leaves 5. Receiving in custody funds, documents, valuable objects, and renting safety deposit
commercial banks- particularly creditors of large conglomerate- exposed to concentration boxes for safeguarding such effects.
risks. Commercial banks have been classified as (1) ordinary commercial banks and (2) 6. Acting as financial agent in buying and selling, by order of/or for the account of
expanded commercial banks customers, shares, evidences of debt and all types of securities
7. Making collections and/or payments for the account of others
Commercial banks refers to a financial institution that accepts deposits, offers checking 8. Performing such other services for their customers as these are not incompatible with
account services, makes various loans, and offers basic financial products like certificate of banking.
deposits (CDs) and saving accounts to individuals and small businesses.
DEPOSIT OPERATION
ORDINARY COMMERCIAL BANKS
A commercial bank is authorized to accept or create demand deposits subject to withdrawal
Commercial banking is now available not only to existing commercial banks, including by check. Demand deposits, also known as current accounts or checking accounts, do not
government-owned banks and Philippine branches of foreign banks, but also to other types of earn interest.
banks henceforth so authorized by the Monetary Board of the Banko Sentral after they have
It is also authorized to accept savings deposits which earn interest and are evidenced by a
met the terms and conditions laid down by law and administrative regulations.
passbook issued by the bank in the name of the depositor. In making a deposit, the depositor
accomplishes a deposit slip which shall be given to the teller, together with the amount to be
deposited and the passbook. In making a withdrawal, the depositor accomplishes a
withdrawal slip which shall be given to the teller, together with the passbook before th teller
gives him the amount he wants to withdraw. It is also authorized to accept time deposits
which earn interest and are evidenced by a certificate issued by the bank in the name of the
depositor. The minimum period of time deposit is thirty days. When the time deposit reaches
its maturity date, the depositor shall surrender the certificate duly endorsed, and he receives 3. The bank has submitted on time all the reports required by the BANKO SENTRAL
the amount of the deposit plus accrued interest, if interest has not been paid by the bank in
advance. 4. The bank has complied with the investment-deposit ratio for four consecutive quarters
immediately preceding the date of loan application with the BANKO SENTRAL.
A commercial bank may also offer NOW accounts. These are a special type of savings
deposit which can be withdrawn by means of a Negotiable Order of Withdrawal (NOW). This Direct Advance or Loan. As a lender of last resort, the Banko Sentral may grant direct
type of deposit is offered only to natural persons. It may also accept, whether as depository, advances to a commercial bank in times of emergency or when it can no longer be allowed to
trustee, agent or administrator, any fund or money of the government, its branches, agencies, rediscount its eligible borrowers' papers. An example of this is when the bank is experiencing
subdivisions and instrumentalities, including government-owned or controlled corporations. heavy withdrawals to a point that it has become illiquid to pursue its normal operations. The
The reserves that a commercial bank shall maintain against deposit with the Banko Sentral same conditions prescribed for rediscounting apply to the availment of direct advance. The
and prevailing business and economic conditions. rate of interest chargeable on availment of such credit accommodation shall be an amount
equivalent to a rediscount reference rate established by the Banko Sentral from time to time
BORROWING OPERATIONS plus an additional rate.

A commercial bank may borrow from the Banko Sentral and other government and private Any paper, irrespective of maturity, eligible for rediscounting purposes shall also be
financial institutions to augment its working capital and loanable funds. Borrowing from the acceptable security for direct advance. The loan values of such paper offered as collateral
Banko Sentral may take the from of shall be 80% of the amount still due and outstanding on such paper. The term of the credit
accommodation shall not exceed ninety days. The maximum direct advance or loan which a
1. Rediscounting commercial bank may avail is equal to 10% of its net worth, net of valuation reserves, as of
the end of the quarter immediately preceding the date of application for such advance or loan.
2. Direct advance
DEPOSIT SUBSTITUTE OPERATIONS
Rediscounting-A mode of borrowing whereby the bank assigns in favor of the Banko Sentral
the eligible borrowers papers in accordance with established guidelines, terms and conditions. This is also known as quasi-banking or money market operations. Any deposit substitute
These papers consist of the original copy of promissory notes, loan application, inspection transaction by a bank performing quasi-banking functions, or they can engage in money
report, loan contract (which maybe be for real estate mortgages or chattel mortgage ), title to market operations - shall be limited to its own promissory notes, repurchase agreements, and
property (which may be the original certificate of title or transfer certificate of title), tax certificates of assignment/or participation with resource
declaration, current tax receipt, co-makers statement, if any, and other documents that support
the loan granted for agricultural, commercial, industrial, real estate, export, import or The elements of quasi-banking are the following:
consumption purposes.
1. Borrowing funds for the borrower's own account.
The following conditions must be met by a commercial bank before it could avail itself of the
2. Twenty or more lenders at any one time
credit facilities of the Banko Sentral
3. Methods of borrowing are issuance, endorsement, or acceptance of debt instruments of any
1. The ratio of the past due direct and indirect loans to the bank's directors, officers,
kind, other than deposits, such as acceptances, promissory notes, participations, certificates of
stockholders and their related interests to total loans must not exceed 5%
assignment or similar instruments with resource, trust certificates, repurchase agreements,
2. The paid-in capital of the bank at the time the application for rediscounting is filed. If the and such other instruments which the Monetary Board of the Banko Sentral may determine
paid-in capital is less than the stipulated amount the bank must have met its capital build-up and allow from time to time.
program.
4. The purpose may be for (a) relending, or (b) purchasing of receivables and other 10. Only security paper with adequate safeguards against alteration or falsification shall be
obligations used.

Features of Negotiable Promissory Notes Other Borrowings

Negotiable promissory notes acquired by a commercial bank in connection with its quasi- Except as may be authorized by existing laws, no private bank, whether or not performing
banking functions shall not be negotiated by mere delivery and/or endorsement if they do not quasi- banking functions, shall borrow any fund or money from the government or any of its
conform with the following provisions: entities, through the issuance or sale of its acceptances, notes or other evidences of debt. A
commercial bank may issue short and long-term commercial papers, including bonds, in
1. The present value and maturity value and/or the principal amount and interest rate and such accordance with law, rules, and regulations being enforced by the Banko Sentral and
other information as may be necessary must be indicated to enable the parties to determine Securities and Exchange Commission.
the cost of yield of the borrowing or placement.
LENDING OPERATIONS
2. The date of issuance shall be indicated, including the maturity period, or the word "demand
" if it is demand instrument. 3. Securities which are subject of repurchase agreement or a Loans granted by a commercial bank may be classified as follows:
certificate of assignment/participation with recourse shall be fully described on the face of
said instruments, or on a separate instrument attached and specifically referred to as to the 1. As to collateral
maker, value, maturity, serial number, and such other particulars as shall clearly identify the a. Secured loans - These loans are secured by real estate mortgage. Loans against real estate
securities. security shall not exceed 70% of the appraised value of the real estate, plus 70% of the
4. The payee may be identified by his trust account or deposit account number in both appraised value of the improvements on said real estate. Loans for house building and
negotiable and non-negotiable instrument. subdivision development for low- and middle income families against real estate security
may be granted up to 80% of the appraised value of the real estate security. Loans for the
5. The instrument shall also provide for the payment of liquidated damages, in addition to acquisition of any instrument, machinery and other equipment for the use of the borrower in
stipulated interest, in case of default by the maker or issuer, as well as attorney's fees and the production, processing, transformation, handling or transportation of agricultural and
costs of collection in case of suit. industrial products may be granted up to 60% of the appraised value of the assets so acquired
with the proceeds of the loan. However, such loans shall not be granted unless title to said
6. A conspicuous notice at the lower portion of the instrument must be shown that the equipment is in the name of the borrower. If such loan is further secured by real estate, the
transaction is not insured by PDIC. loan may amount to 80% of the appraised value of the real estate.
7. The corporate name of the issuer shall be prominently indicated on the instrument, and b. Unsecured loans - These loans are granted against personal security. Before this type of
below shall be a designation of the instrument, such as " Promissory Note" or "Repurchase loan is granted, the bank must exercise proper caution by ascertaining that the borrowers, co-
Agreement" makers. Endorsers, securities and/or guarantors possess good standing and are financially
capable of fulfilling their commitments to the bank. For this purpose, the bank shall keep
8. Each instrument shall be serially pre-numbered.
records containing information on the credit standing and financial capacity of credit standing
9. The copy of the instrument delivered to the payee shall bear the word "original", and the and financial capacity of credit applicants. The bank shall require that the application for a
copies retained by the issuer shall be identified as "duplicate", or file copy, as the case maybe credit accommodation against personal security be accompanied by (1) a certified true copy
of the latest income tax return of the borrower, stamped " received" by the BIR and (2) a
certified true copy of the annual financial statements duly certified by an independent public
account, if the borrower is engaged in business and the credit accommodation applied for. A commercial bank may engage in trust operation or trust business which refers to the
This type of loan shall be granted only in amounts and for the periods of time essential for the administration, holding, and management by a trustee of funds and/or property for the use,
completion of the projects or operations to be financed. The bank shall also require that the benefit or advantage of the trustor or the beneficiaries.
loan against personal security be made under the signature of the principal borrower and at
least a co-maker, except in the case of a principal borrower whose responsibility and financial OTHER PERATIONS
capacity are unquestionable. In which case the signature of the principal borrower is 1. A commercial bank can finance export and import requirements through letters of credits
sufficient. and other instruments generally used in international transactions and foreign exchange
2. As to purpose dealings.

a. Agricultural - THESE LOANS ARE GRANTED TO FINACE AGRICULTURAL 2. It may engage in the sale of government securities, such as bonds, treasury bills, and other
PRODUCTION and related activities, purchase of farm machinery, equipmentt., and debt instruments which the government may issue from time to time.
implements and work animals 3. Upon prior authority, it may also collect taxes, customs duties, and other government levis
b. Commercial - These loans are granted to finance the purchase of goods, commodities, or as a form of assistance to the BIR and Bureau of Customs.
merchandise for resale.
4. It is authorized to participate in clearing operations which have been transferred from the
c. Industrial - These loans are granted to finance the purchase and processing of raw materials BS to the Philippine Clearing House
and manufacture of goods, including the marketing of such goods.
Corporation, where the clearing of checks and settlement of interbank balances pass through.
d. Real estate - These loans are granted to finance and/or refinance the construction,
5. As part of its authority to engage in foreign exchange transactions, a commercial bank can
acquisition, expansion and/or improvements of urban and rural properties
also act as dealer or foreign currencies which form part of our international reserves.
e. Others - These loans are granted for purposes other than agricultural, commercial,
Expanded commercial banks
industrial, and real estate.
These are commonly known as universal banks which emerged with the introduction of
3. As to
financial reforms in 1980. Expanded commercial banking can be briefly defined as the
a. accounting treatment Demand loans - These loans are granted without fixed maturity dates combination of commercial banking with the powers of an investment house. The investment
but which become due and payable upon call or demand at the option of the lending bank. house operations may be discharged by an expanded commercial bank either (a) in house,
These also include loans whose maturity dates are approximated because they cannot be that is, by establishing a separate department therefore in the bank; or (b) through the
definitely ascertained. establishment of a separate subsidiary.

b. Bills discounted - These loans are those in the interest of which is collected in advance or Scope of Authority
discounted from the face of the covering promissory note. These loans usually mature within
one year.

C.Time loans - These loans are payable on a fixed date or within a specified period of time,
usually more than one year. TRUST OPERATION
The authority of an expanded commercial bank shall include, in addition to the commercial 4. The banks total equity investment in, and outstanding loans to, any single enterprise
banking powers earlier mentioned in this chapter, the authority to exercise the powers of an whether allied or non- allied, shall not, at any time, exceed 15% of the net worth of the
investment house as provided in the pertinent laws, the authority to invest in the equity of investing bank. The total amount of investments in equities made by said bank in all
non-allied undertakings, and to own up to 100% of the equity of a financial intermediary enterprises, shall not exceed 50% of its net worth.
other than a commercial bank or a bank authorized to provide commercial banking services,
in accordance with applicable laws and regulations. UNDERWRITING AND DEALERSHIP IN SECURITIES

Equity Investments Underwriting is the act or process guaranteeing the distribution and sale of securities of any
kind issued by another corporation. Securities are written evidences of ownership, interest, or
An expanded commercial bank may invest in the equity of other financial institutions under participation, in an enterprise, of indebtedness of a person or enterprise. It includes, but is not
the following regulations: limited to, the instruments enumerated in the Securities Act.

1. It can own up to 100% of the voting stock of a financial institution performing quasi- The types of underwriting arrangement are:
banking functions (money market operation)
1. The guaranteed basis where the underwriting bank guarantees the disposition of the
2. It can invest in the following non-financial allied undertakings: securities it has received from the issuing corporation. Any inventory of securities not sold is
for the account of the bank, that is, it pays for all unsold securities.
a. warehousing companies

b. storage companies
2. Best-efforts basis where the underwriting bank simply tries its best to dispose of the
C. safe deposit box companies securities without any guarantee. The unsold securities are returned to the issuing corporation
and not paid for by the underwriting bank.
d. companies engaged in the management of mutual funds themselves
In dealership, however, the bank buys and sells for its own account; that is, the bank is a
e. management corporations engaged in activities similar to the management of mutual funds buying customer of the issuing corporation, which in turn becomes a selling institution from
the moment it starts selling the securities it has bought. In dealership, the bank may realize
f. companies engaged in the provision of computer services income or may suffer losses, as the case may be.
g. insurance agencies Dealership is distinguished from brokerage in that the latter refers to the act performed by a
h. companies engaged in home building and/or home development person or institution whereby it arranges the meeting of a seller and a buyer of securities.
After the seller and the buyer have agreed on the terms and conditions of the buy-and- sell
i. companies providing drying and/or milling facilities for agricultural crops, such as rice and transactions, the broker receives hi commission for the effort which made possible the fruit
corn full meeting of the seller and the buyer.

3. the banks investment, or of its wholly or majority owned subsidiary, in any single - non- OBJECTIVES OF FINANCIAL INTERMEDIATION
allied undertaking shall not exceed 35% of the total subscribed capital stock nor shall it
exceed 35% of the voting stock of that enterprise. The financial reforms of 1980 which culminated in the birth of expanded commercial banks
have sought the attainment of two objectives in financial intermediation:
1. The attainment of greater efficiency thru increased competition and scale economies, by
the way of eliminating enforced specialization of certain banks, and the offering of a broader
range of financial services by said banks.

2. There is now greater availability and use of longer term funds to hasten the development
process in terms of meeting debt and equity requirements.

With the revision of the banking structure and certain administrative regulations, the financial
system in our country hopes to reap the benefits of progress and development as expanded
commercial banks continue to serve the credit needs of urban and countryside economic
activities, side by side with the other types of banking institutions.

Since we are a developing country, we need huge development funds for our various
programs and projects. It is noted that ordinary commercial banks provide short-term loans.
Such lending program is not responsive to the financial requirements of our developing
country. The latter needs long-term loans to be able to finance development programs and
projects which usually require longer periods for their completion. With the introduction of
universal banking which supplies long-term funds, it is hoped that our development processes
will be faster - unless destructive conditions like devaluation, inflation, and fiscal and
monetary mismanagement take place.

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