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Module 2 Banking and Financial Institution
Module 2 Banking and Financial Institution
Module 2 Banking and Financial Institution
Learning Outcomes
Lesson 3:
BANK MANAGEMENT
Board of directors – composed of a number agreed upon as contained in the by-
laws. It is headed by a chairman whose duty is to preside over the meetings of the
board.
Qualifications:
1. Every Director shall own at least one (1) share of the capital stock of the
corporation.
a. Educational Attainment
b. Adequate competency and understanding of business
c. Age requirement
d. Integrity, probity
e. Assiduousness
2. At least two thirds of the members of the board of directors shall be Filipino
Citizen.
3. The proposed director of a bank shall be subject to qualifications and other
requirements of existing law, rules and regulations of the Bangko Sentral.
Responsibilities:
Firstly – They are duty bound to adopt measures that shall safeguard the
depositor’s interest.
Secondly – They must make sure to compensate the stockholders fairly enough
in exchange for the risk they undertake and capital they invest.
Thirdly – The directors are responsible to the regulatory and supervisory
agencies who keep surveillance over the management of the bank’s affairs to
allow maximum safety to depositors.
Standing Committees:
1. The Executive Committee – deals with administrative matters; often
prepares the groundwork for board meetings.
2. Loans and discount committee – all matters pertaining to loans and
discounts, to lines of credit and other related to the loaning function of the bank.
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3. Investment committee – concern with the banks investment portfolio;
passed judgment on what securities the bank should purchase and in what amounts.
4. Trust committee – fiduciary function of the bank; how funds will be invested;
how much to charge clients, and how to administer trust agreements.
5. Examination committee – improvised methods to conduct such internal
examination.
Bank Officers:
President – presides board meetings if he is also the chairman. Implements
policies promulgated by the board. He is the court of last resort when the board
is in session.
Vice-President – acts in behalf of the president if the president is absent.
Cashier – cash custodian.
Comptroller – takes care of all accounting and statistical work of the bank.
Auditor – verifies the accounts resulting from banking transactions.
Bank Operation:
1. Executive Function – a banker must of necessity be faced with the policy-
making, with establishing harmonious relations with customers in order to get
business, with gathering facts and figures about the depositors and debtors, with
recruiting personnel to do the minor operations and with similar duties involving
the caliber of an executive.
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2. Teller Function – he must then act as teller I manifold ways. He accepts deposit,
changes checks for cash, changes big bills with smaller denominations, releases
checks or cash representing loans, receives payment for loans and other teller
functions.
3. Bookkeeping Function – keep faithful record of the events and accounts
passing through his hands. He may also be called upon to summarize and
interpret the facts and figures.
Qualifications of a director:
A director shall have the following minimum qualifications:
1. He shall be at least twenty-five (25) years of age at the time of his election
or appointment;
2. He shall be at least a college graduate or have at least five (5) years
experience in business;
3. He must have attended a special seminar on corporate governance for
board of directors conducted by the BSP or by seminar providers accredited by the
BSP not later than six (6) months from the date of his election, and
4. He must be fit and proper for the position of a director of the
bank/quasibank/trust entity. In determining whether a person is fit and proper for the
position of a director, the following matters must be considered:
- integrity/probity;
- competence;
- education;
- diligence; and
- experience/training.
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Qualifications of an officer.
An officer shall have the following minimum qualifications:
1. He shall be at least twenty-one (21) years of age;
2. He shall be at least a college graduate, or have at least five (5) years
experience in banking or trust operations or related activities or in a field related to
his position and responsibilities, or have undergone training in banking or trust
operations acceptable to the appropriate supervising and examining department of
the BSP: Provided, however, That trust officers shall have at least two (2) years of
actual experience or training in trust operations or fund management or other related
fields;
3. He must be fit and proper for the position he is being proposed/appointed
to. In determining whether a person is fit and proper for a particular position, the
following matters must be considered:
- integrity/probity;
- competence;
- education;
- diligence; and
- experience/training.
Disqualifications of a director
Without prejudice to specific provisions of law prescribing disqualifications for
directors, the following are disqualified from becoming directors:
a. Permanently disqualified
Directors/officers/employees permanently disqualified by the Monetary Board
from holding a director position:
1. Persons who have been convicted by final judgement of the court for
offenses involving dishonesty or breach of trust such as, but not limited to, estafa,
embezzlement, extortion, forgery, malversation, swindling and theft, robbery,
falsification, bribery, violation of B.P. Blg. 22, Violation of Anti-Graft and Corrupt
Practices Act and Prohibited Acts and Transactions Under Section 7 of R. A. No.
6713 (Code of Conduct and Ethical Standards for Public Officials and Employees);
2. Persons who have been convicted by final judgement of a court sentencing
them to serve a maximum term imprisonment of more than six (6) years;
3. Persons who have been convicted by final judgment of the court for
violation of banking laws, rules and regulations;
4. Persons who have been judicially declared insolvent, spendthrift or
incapacitated to contract;
5. Directors, officers or employees of closed banks/quasi-banks/trust entities
who were found to be culpable for such institution’s closure as determined by the
Monetary Board.
b. Temporarily disqualified
Directors/officers/employees disqualified by the Monetary Board from holding
a director position for a specific/indefinite period of time. Included are:
1. Persons who refuse to fully disclose the extent of their business interest or
any material information to the appropriate supervising and examining department
when required pursuant to a provision of law or of a circular, memorandum or rule or
regulation of the BSP. This disqualification shall be in effect as long as the refusal
persists;
2. Directors who have been absent or who have not participated for whatever
reasons in more than fifty percent (50%) of all meetings, both regular and special, of
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the board of directors during their incumbency, or any twelve (12) month period
during said incumbency.
3. Persons who are delinquent in the payment of their obligations as defined
hereunder:
a. Delinquency in the payment of obligations means that an obligation
of a person with a bank/quasi bank/trust entity where he/she is a director or
officer, or at least two obligations with other banks/financial institution, under
different credit lines or loan contracts, are past due pursuant to Secs. X306
and 4308Q of the Manual of Regulations;
b. Obligations shall include all borrowings from a bank/quasi bank
obtained by:
i. A director or officer for his own account or as the
representative or agent of others or where he/she acts as a guarantor,
endorser, or surety for loans from such financial institutions;
ii. The spouse or child under the parental authority of the
director or officer;
iii. Any person whose borrowings or loan proceeds were
credited to the account of, or used for the benefit of a director or
officer;
iv. A partnership of which a director or officer, or his/her
spouse is the managing partner or a general partner owning a
controlling interest in the partnership; and
v. A corporation, association or firm wholly-owned or majority
of the capital of which is owned by any or a group of persons
mentioned in the foregoing Items (i), (ii) and (iv);
This disqualification shall be in effect as long as the delinquency persists.
4. Persons convicted for offenses involving dishonesty, breach of trust or
violation of banking laws but whose conviction has not yet become final and
executory;
5. Directors and officers of closed banks/quasibanks/ trust entities pending
their clearance by the Monetary Board;
6. Directors disqualified for failure to observe/discharge their duties and
responsibilities prescribed under existing regulations. This disqualification applies
until the lapse of the specific period of disqualification or upon approval by the
Monetary Board on recommendation by the appropriate supervising and examining
department of such directors’ election/reelection;
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7. Directors who failed to attend the special seminar for board of directors
required under Item 3 of Sub secs. X141.2/4141Q.2. This disqualification applies until
the director concerned had attended such seminar;
8. Persons dismissed/terminated from employment for cause. This
disqualification shall be in effect until they have cleared themselves of involvement in
the alleged irregularity or upon clearance on their request from the Monetary Board
after showing good and justifiable reasons;
9. Those under preventive suspension; or
10. Persons with derogatory records with the National Bureau of Investigation
(NBI), court, police, Interpol and monetary authority (central bank) of other countries
(for foreign directors and officers) involving violation of any law, rule or regulation of
the Government or any of its instrumentalities adversely affecting the integrity and/or
ability to discharge the duties of a bank/quasi bank/trust entity director/officer. This
disqualification applies until they have cleared themselves of involvement in the
alleged irregularity.
Disqualifications of an Officer
1. The disqualifications for directors mentioned in Sub secs. X143.1 and
4143Q.1 shall likewise apply to officers, except that stated in Items b.2 and b.7.
2. Except as may be authorized by the Monetary Board or the Governor, the
spouse or a relative within the second degree of consanguinity or affinity of any
person holding the position of Chairman, President, Executive Vice President or any
position of equivalent rank, General Manager, Treasurer, Chief Cashier or Chief
Accountant is disqualified from holding or being elected or appointed to any of said
positions in the same bank/quasi-bank; and the spouse or relative within the second
degree of consanguinity or affinity of any person holding the position of Manager,
Cashier, or Accountant of a branch or office of a bank/quasi-bank/trust entity is
disqualified from holding or being appointed to any of said positions in the same
branch or office.
3. In the case of Universal Banks, Commercial Banks, and Thrift Banks, any
appointive or elective official whether full time or part time, except in cases where
such service is incident to financial assistance provided by the government or
government-owned or controlled corporations or in cases allowed under existing law.
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4. In the case of Cooperative Banks, any officer or employee of the
Cooperative Development Authority or any elective public official, except a barangay
official.
5. Except as may otherwise be allowed under C.A. No. 108, otherwise known
as “The Anti-Dummy Law”, as amended, foreigners cannot be officers or employees
of banks.
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Laguna State Polytechnic University
Province of Laguna
ISO 9001:2015 Certified
Level I Institutionally Accredited
Lesson 4:
BANK SUPERVISION AND EXAMINATION
Purposes:
a. To find out whether banks are doing their business in conformity with the
banking laws and that of the rules and regulation of the central bank and other
government agencies.
b. Determine how soundly the bank I financially. The examiners should
establish the fact that the bank owns the assets, that the titles to property are good,
that the assets are properly valuated in the books, and that they are of acceptable
quality.
c. Examination is more for discovering the unsound and unsafe practice and
to offer remedies or solutions for such practice. Some of such practices are granting
of big loans to a single interest, receiving collaterals of inferior quality, laxity in
collection of loans, payment of excessive salaries of dividends, keeping incomplete
or inaccurate records and payment of unreasonably high rate of interests on time
deposits. These practices serve to jeopardize not only the stockholders but also the
depositor’s interest.
External Supervision
In the Philippines, the Supervision and Examination Sector of the Bangko
Sentral is charged with responsibility of conducting spot and regular checks on all
banking institutions. It is therefore, a vital arm of the Bangko Sentral. It is headed by
a Deputy Governor and staffed by examiners and other administrative personnel.
The Major functions of this sector are the chartering of banks, supervisions ad
examinations of banking and other non-bank financial institutions.
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Sec.27 Prohibition
(a) An officer, director lawyer, or agent or stockholder subject to supervision
by the Bangko Sentral, except non-stock saving loans associations and provident
funds organized exclusively for employees of the BSP.
(b) Directly or indirectly requiring or receiving any gift, present or pecuniary or
material benefit for himself or another, from any institution subject to supervision or
examination by the BSP.
(c) Revealing in any manner, except under the court, the Congress or any
government office or agency authorized by law, or under such conditions as may be
prescribed by the Monetary Board, information relating to the condition or business of
any institution.
(d) Borrowing from any institution subject to supervision or examination of the
BSP shall be prohibited unless said borrowings are adequately secured, fully
disclosed to the Monetary Board may prescribe.
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Sec. 36 Proceedings Upon Violation of this Act and Other Banking Laws,
Rules, Regulations, Orders or Instructions.
- Whenever a bank or quasi-bank or any person or entity, willfully violates this
act or other pertinent laws enforced by BSP or any rule issued by the Monetary
Board, this act be punished by a fine of not less than (50,000) or not more than
(200,000) or by imprisonment of not less than (2) years or not more than (10) years,
or both.
Mechanics of Examination
Bank examiners examine bank’s books at any time during banking hours.
Examiner takes possession of the banks books and documents which are owned by
the bank or pledged by debtors as collaterals. Analysis involves the classification of
assets as to quality, valuation, and assurance that everything is in order. This would
lead to the conclusion on how efficient the management is and on how effective the
policies are. If there are any violations, immediate steps are suggested and are taken
up to correct the banks position.
Programming of Controls
a. Embezzlement – the taking of funds that belongs to depositors and
customers.
b. Defalcation – the misappropriation of funds which belongs to stockholders
such as income, fees, and commissions or through fictitious notes or fraudulent
expense vouchers.
c. Peculation- would mean all kinds of embezzlement, defalcation, or
misappropriation of funds.
d. Examination- the review and analysis of the assets and liabilities of a bank
to determine their existence, values and true ownership, and to ascertain that
everything in regard to said assets and liabilities is in order.
Causes of Peculation
1. Gambling- simply a recreation then it becomes a habit and finally a status
symbol that must be maintained.
2. Pride and Envy – A man working in a bank consumed by pride and envy
will do most everything to get even.
3. Living beyond ones income– keeping up with rich neighbors and thus
spending well beyond one’s income could also lead to embezzlement.
4. Unsound salary policies- the rising prices without commensurate salary
adjustments may invite one to commit peculation.
5. Poor employee relations- officers may look down on their subordinates and
even go to the extent of emphasizing this cleavage between them in public places.
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ISO 9001:2015 Certified
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6. Immorality- bank officers and employees are not free from temptation to
commit crimes against morality.
Lesson 5:
BANK CREDIT INSTRUMENTS
Promise to Pay
Promissory Note - is an unconditional promise for the maker to pay a sum
certain in money to order or to bearer on demand or at a future determinable
time. When the note is secured, it is called a collateral promissory note.
Bank note - is an unconditional promise of a bank to pay a sum certain in money
on demand. Such note is used as a substitute for money. Essential Features of a
note:
a. It is a Direct Obligation of the issuing bank.
b. It is negotiated by simple delivery by reason of the fact that it is a bearer
instrument.
c. The transferee acquires a clean title to it and becomes the creditor and the
note can be circulated for longer periods of time before it is finally redeemed.
d. The notes are also in handy sizes and convenient denominations.
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Banker’s Acceptance - a bankers acceptance contains the banks promise to
pay a draft that is presented to it for acceptance. To constitute the bank’s
intention of honoring the instruments, the word “ACCEPTED” is stamped on the
face of the draft and it is duly signed by the bank’s representative.
Letter of Credit – a letter of credit is also a promise of a bank to honor drafts
drawn against it or for its account. A bank substitutes its credit for that of the
accredited buyer and promises to pay the beneficiary or his representative upon
presentation of a draft, subject to the condition in the letter of credit.
Orders to Pay
Bills of Exchange - is an order of one person/bank (drawer) to another
person/bank (drawee) to pay a third person (payee) a sum certain in money or
demand or at some specified future time. A bill of exchange is also in the form of
a check or a draft.
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Check - is the order of a depositor to his bank to pay a third person or himself a
sum certain in money on demand. Such is commonly known as a personal check.
When the bank’s cashier is the drawer of the check, it is known as cashier’s
check. When the manager of a business concern is the drawer, it is termed a
manager’s check.
NOW Account
NOW stands for “Negotiable Order of Withdrawal”. It earns interest and
account holders can write as many NOW checks as they want on the account. It has
a feature of a savings deposit as it earns interest. It is also like a current/checking
account as it offers depositors the convenience of issuing checks for payments.
Negotiation - means the transfer of the instrument from one person to another
either by endorsement and delivery, by mere delivery or by assignment. Such
transfer will depend on the tenor of the instrument, particularly to whom it is made
payable, or to what extent is the interest of the transferee.
- When the instrument is payable to order which means that there is a
specified name appearing the payee, the instrument is negotiated by endorsement
and delivery. When, however, the instrument is made payable to bearer, which,
means that there is no specified name as payee or when payable to cash, then the
negotiation is completed by mere delivery.
Presentment - means the exhibiting of the instrument at the bank either for payment
or for acceptance. The check should be presented for payment within a reasonable
period of time after its issue according to the Negotiable Instruments Law.
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ISO 9001:2015 Certified
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Dishonor - means that the check is refused payment or a time draft is refused
acceptance. The refusal therefore may be termed dishonor by non-payment or
nonacceptance. If this happens, the holders of the instrument may file a protest in
writing or orally. The law prescribes the way a protest is to be made.
Learning Resource
Almina-Mutya, Ruby (2007). Introduction to Philippine Money, Credit, and
Banking. 2 nd National Bookstore, Mandaluyong City
Cloudhey, Moorad (2011). An Introduction to Banking: Liquidity Risk and Asset-
Liability Management, John Wiley and Sons. LTD, West Sussex United Kingdom
Croushore, Dean (2012). Money and Banking. Cengage Learning Asia Phil. Ltd.