Professional Documents
Culture Documents
Prelim Banking
Prelim Banking
Prelim Banking
History of banking
The history banking began with the first prototype banks which
were the merchants of the world, who gave grain loans to farmers
and traders who carried goods between cities.
This was around 2000 BC in Assyria, India and Sumeria. Later, in
ancient Greece and during the Roman Empire, lenders based in
temples gave loans, while accepting deposits and performing the
change of money.
Archaeology from this period in ancient China and India also
shows evidence of money lending.
• Many histories position the crucial historical development of a banking system
to medieval and Renaissance Italy and particularly the affluent cities of
Florence, Venice and Genoa.
• The Bardi and Peruzzi Families dominated banking in 14th century Florence,
establishing branches in many other parts of Europe.[1]
• The most famous Italian bank was the Medici Bank, established by
Giovanni Medici in 1397.[2]
• The oldest bank still in existence is Banca Monte dei Paschi di Siena,
headquartered in Siena, Italy, which has been operating continuously since
1472.[3]
• Until the end of 2019, the oldest bank still in operation was the Banco di Napoli
headquartered in Naples, Italy which has been operating since 1463.
• Development of banking spread from northern Italy throughout the
Holy Roman Empire, and in the 15th and 16th century to northern Europe.
• This was followed by a number of important innovations that took place in
Amsterdam during the Dutch Republic in the 17th century, and in London
since the 18th century.
• During the 20th century, developments in telecommunications and
computing caused major changes to banks' operations and let banks
dramatically increase in size and geographic spread. The
financial crisis of 2007–2008 caused many bank failures, including some
of the world's largest banks, and provoked much debate about
bank regulation.
• China[edit]
• Main : History of banking in China
• In ancient China, starting in the Qin Dynasty (221 to 206 BC),
Chinese currency developed with the introduction of
standardized coins that allowed easier trade across China, and
led to development of letters of credit. These letters were issued
by merchants who acted in ways that today we would
understand as banks.[70]
• Ancient Egypt[edit]
• Further information: Egypt § Government and economy
• Some scholars suggest that the Egyptian grain-banking system
became so well-developed that it was comparable to major modern
banks, both in terms of its number of branches and employees, and
in terms of the total volume of transactions. During the rule of the
Greek Ptolemies, the granaries were transformed into a network of
banks centered in Alexandria, where the main accounts from all of
the Egyptian regional grain-banks were recorded. This became the
site of one of the earliest known government central banks, and may
have reached its peak with the assistance of Greek bankers.[71]
• According to Muir (2009) there were two types of banks operating
within Egypt: royal and private.[72] Documents made to show the
banking of taxes were known as peptoken-records.[73]
• Religious restrictions on interest[edit]
• Most early religious systems in the ancient Near East, and the
secular codes arising from them, did not forbid usury.
• These societies regarded inanimate matter as alive, like plants,
animals and people, and capable of reproducing itself. Hence if you
lent 'food money', or monetary tokens of any kind, it was legitimate
to charge interest.[124] Food money in the shape of olives, dates,
seeds or animals was lent out as early as c. 5000 BCE, if not earlier.
• Among the Mesopotamians, Hittites, Phoenicians and Egyptians,
interest was legal and often fixed by the state.[125]
• Judaism[edit]
• Main articles: Loans and interest in Judaism and
Jewish views of poverty, wealth and charity
• The Torah and later sections of the Hebrew Bible criticize
interest-taking, but interpretations of the Biblical prohibition vary.
One common understanding is that Jews are forbidden to
charge interest upon loans made to other Jews, but obliged to
charge interest on transactions with non-Jews, or Gentiles.
However, the Hebrew Bible itself gives numerous examples
where this provision was evaded.
• Deuteronomy 23:19 Thou shalt not lend upon interest to thy
brother: interest of money, interest of victuals, interest of any
thing that is lent upon interest.
• Deuteronomy 23:20 Unto a foreigner thou mayest lend upon
interest; but unto thy brother thou shalt not lend upon interest;
that the LORD thy God may bless thee in all that thou puttest
thy hand unto, in the land whither thou goest in to possess it.[126]
• Israelites were forbidden to charge interest on loans made to
other Israelites, but allowed to charge interest on
transactions with non-Israelites, as the latter were often
amongst the Israelites for the purpose of business anyway, but
in general, it was seen as advantageous to avoid debt at all, to
avoid being bound to someone else.
• Debt was to be avoided and not used to finance consumption,
but only when in need. However, laws against usury were
among many the prophets condemn the people for breaking.[128]
• It was the interpretation that interest could be charged to non-
Israelites that would be used in the 14th century for Jews living
within Christian societies in Europe to justify lending money for
profit. As this conveniently side stepped the rules against usury
in both Judaism and Christianity as the Jews could lend to the
Christians as they are not Israelites and the Christians were not
involved in the lending but were still free to take the loans.
• Christianity[edit]
• Main article: Usury
• Originally, the charging of interest, known as usury, was banned by
Christian churches. This included charging a fee for the use of money,
such as at a bureau de change. However over time the charging of
interest became acceptable due to the changing nature of money, the term
came to be used for interest above the rate allowed by law.[citation needed]
• The rise of Protestantism in the 16th century weakened Rome's influence,
and its dictates against usury became irrelevant in some areas. That
would free up the development of banking in Northern Europe.
• Islam[edit]
• Main article: Riba
• In Islam it is strictly prohibited to take interest; the Quran strictly prohibits lending
money on Interest. "O you who have believed, do not consume usury, doubled and
multiplied, but fear Allah that you may be successful" (3:130) "and Allah has
permitted trade and has forbidden interest" (2:275).
• The Quran states that taking of interest and making money through unethical means
is not prohibited for Muslims only but were prohibited for earlier communities as well.
Two verses (Al Quran – 4:160–161) clearly states that "Because of the wrongdoing of
the Jews We forbade them good things which were (before) made lawful unto them,
and because of their much hindering from Allah's way, And of their taking usury when
they were forbidden it, and of their devouring people's wealth by false pretences, We
have prepared for those of them who disbelieve a painful doom."
• Riba is forbidden in Islamic economic jurisprudence (fiqh). Islamic
jurists discuss two types of riba: an increase in capital with no services
provided, which the Qur'an prohibits—and commodity exchanges in
unequal quantities, which the Sunnah prohibits; trade in promissory
notes (e.g. fiat money and derivatives) is forbidden.[citation needed]
• Despite the prohibition of charging interest, during the 20th century a
number of developments took place that would lead to an
Islamic banking model where no interest is charged but banks would
still operate for profit. This would be done through charging for loans in
different ways such as through fees and using method of risk sharing
and different ownership models such as leasing.
• Major events in the history of banking[edit]
• 1100 – Knights Templar run earliest European wide/Mideast banking until the
14th century.
• 1397 – The Medici Bank of Florence is established in Italy and operates until
1494.
• 1542 – The Great Debasement, the English Crown's policy of coin
debasement during the reigns of Henry VIII and Edward VI.
• 1553 – The first joint-stock company, the
Company of Merchant Adventurers to New Lands, was chartered in London.
• 1602 – The Amsterdam Stock Exchange was established by the
Dutch East India Company for dealings in its printed stocks and bonds.
• 1609 – The Amsterdamsche Wisselbank (Amsterdam
Exchange Bank) was founded.
• 1656 – The first European bank to use banknotes opened in
Sweden for private clients, in 1668 the institution converted to a
public bank.[207][208][209]
• 1690s – The Massachusetts Bay Colony was the first of the
Thirteen Colonies to issue permanently circulating banknotes.
• 1694 – The Bank of England was founded to supply money to
the English King.
• 1695 – The Parliament of Scotland created the
Bank of Scotland.
• 1716 – John Law opened Banque Générale in France.
• 1717 – Master of the Royal Mint Sir Isaac Newton established a new
mint ratio between silver and gold that had the effect of driving silver
out of circulation (bimetalism) and putting Britain on a gold standard.
• 1720 – The South Sea Bubble and John Law's Mississippi Scheme
failure caused a European financial crisis and forced many bankers
out of business.
• 1775 – The first building society, Ketley's Building Society, was
established in Birmingham, England.
• 1782 – The Bank of North America opened.[210]
• 1791 – The First Bank of the United States was chartered by the
United States Congress for 20 years.
• 1800 – The Rothschild family establishes European wide banking.
• 1800 – Napoleon Bonaparte founds the Bank of France on 18 January.[211][212]
• 1811 – The Senate tied on a vote to renew the charter of the
First Bank of the United States charter. Vice President George Clinton broke
the tie and voted against renewal, and the bank was dissolved.
• 1816 – The Second Bank of the United States was chartered for five years
after the First Bank of the United States lost its charter. This charter was also
for 20 years. The bank was created to finance the country in the after the
War of 1812.
• 1817 – The New York Stock Exchange Board was established.[210]
• 1818 – The first savings bank of Paris was established.[212]
• 1825 – Panic of 1825 in which 70 UK banks fail
• 1862 – To finance the American Civil War, the federal government under
U.S. President Abraham Lincoln issued legal tender paper money, called "
greenbacks".
• 1874 – The Specie Payment Resumption Act was passed provided for the redemption of
United States paper currency, in gold, beginning in 1879.
• 1913 – The Federal Reserve Act created the Federal Reserve System, the central banking
system of the United States, and granted it the legal authority to issue legal tender.
• 1930–33 – In the wake of the Wall Street Crash of 1929, 9,000 banks close, wiping out one
third of the money supply in the United States.[213]
• 1933 – Executive Order 6102 signed by U.S. President Franklin D. Roosevelt forbade
ownership of gold coin, gold bullion, and gold certificates by US citizens beyond a certain
amount, effectively ending the convertibility of US dollars into gold.
• 1971 – The Nixon Shock was a series of economic measures taken by U.S. President
Richard Nixon which canceled the direct convertibility of the United States dollar to gold by
foreign nations. This essentially ended the existing Bretton Woods system of international
financial exchange.
• 1986 – The "Big Bang" (deregulation of London financial markets) served as a catalyst to
reaffirm London's position as a global centre of world banking.
• 2007 – Start of the Late-2000s financial crisis that saw the credit crunch that led to the failure
and bail-out of a large number of the world's biggest banks.
• 2008 – Washington Mutual collapses, the largest bank failure in history up to that point.
•History of the Philippine Banking
• Obras Pias (Pious works)– banking in the Philippines began in the
16thCentury bye establishment of this organization composing of layman
associated with religious order.
• Rodriquez Bank was among the first bank that emerged in the early
19thcentury which was more of a loan association than a regular bank.
• Banco Espanol-Filipino de Isabel II was the first state bank in the
Philippines that was established on August 1, 1851 by the Board of
Authorities (Junta de Autoridades) in Manila because of the need for more
extensive bank services and facilities. In January 1, 1912 the named was
changed to Bank of the Philippine Islands
• In 1906 Postal Savings Bank was put up and it was the first agricultural bank. Later on
its assets and liabilities was transferred in 1916 to the Philippine National Bank.
• Three years after the American Regime ended, the Central Bank of the Philippines
was created, establishing a managed monetary system in the Philippines. It was given
the sole authority to issue the republic’s new paper money and regulate and supervise
the country’s banking system.
• In 1873, British-Oriented banks opened branches in the country as a result of the
expanded Philippine=European trade following the opening of the Suez Canal in 1869.
• In 1872, the chartered bank of India, Australia and China opened branches in Manila
and la8terin Iloilo and Cebu.
• In 1875 the Hong Kong and Shanghai Banking Corporation establish a branch in
Manila.
• Monte de Piedad y Caja de Ahorrosis the first mutual savings in the country. A unique
combination of savings banks and pawnshop opened in 1982 was provided initial
capital by theObras Pias. The bank was then renamed Monte de Piedad and Savings
bank
•What Is a Bank?
• A bank is a financial institution licensed to receive deposits and make
loans. Banks may also provide financial services such as wealth
management, currency exchange, and safe deposit boxes.
• In the Philippines context, the meaning of bank is emphasized in Section 3
of the New General Banking Law to wit:
• “Bank shall refer to entities engaged in the
lending of funds obtained in the form of
deposits”
•Understanding Banks
• Banks are a very important part of the economy because they provide vital
services for both consumers and businesses. As financial services providers,
• they give you a safe place to store your cash. Through a variety of account
types such as checking and savings accounts, and certificates of deposit (CDs),
• you can conduct routine banking transactions like deposits, withdrawals,
check writing, and bill payments.
• You can also save your money and earn interest on your investment.
• Banks also provide credit opportunities for people and corporations. The
money you deposit at the bank—short-term cash—is used to lend to others
for long-term debt such as car loans, credit cards, mortgages, and other debt
vehicles. This process helps create liquidity in the market—which creates
money and keeps the supply going.
• Just like any other business, the goal of a bank is to earn a profit for
its owners. For most banks, the owners are their shareholders. Banks
do this by charging more interest on the loans and other debt they
issue to borrowers than what they pay to people who use their
savings vehicles. Using a simple example, a bank that pays 1% interest
on savings accounts and charges 6% interest for loans earns a gross
profit of 5% for its owners.
• Banks make a profit by charging more interest to borrowers than they
pay on savings accounts.
•Classification of Bank on the basis of Ownership
• According to the economy, different countries have different types of bank ownership.
• Government Bank:
• The bank which is established, directed, managed, and controlled by the government is
called a government-owned bank. When the bank is governed by the management,
control, organizing from the beginning to the organization, it is called a public bank or
government bank. Generally, these banks are stated for service motive not for earning a
profit. Sometimes a non-government bank is converted into government bank by
nationalization. The main objective of these sectors is social welfare.
• Private Bank:
• Private Banks are privately owned, directed and controlled. Banks that are controlled and
managed by a particular person are called private banks. These banks are those banks
that are owned and controlled by the private sector or individuals. Overall, these banks are
owned by private individuals or corporations and not by the government or co-operative
societies. Those banks are enlisted by the central bank. Indirectly these banks are
controlled by the government. The main objective of the private sector is to earn a profit.
For example, we can mention UBS Bank, Merrill Lync (The Bank of American
Corporation), RBC (Royal Bank of Canada), HSBC Bank as a private bank, etc.
• Joint Ownership Bank:
• Joint ownership banks are controlled by the government as well as by
the non-government entity. 51% of the shares are belonging to the
government and private entity holds the rests. The main objective of
these banks is to help its members. State cooperative banks, District
cooperative bank and Primary loan society are included in these banks.
• Autonomous Bank:
• These banks are established by the special order of the government
and the president. Such banks are formed by the special law of the
government and through the special ordinance of the constitution. The
government has no direct influence on the user of these banks. Bank of
America Tower in New York City is one of the best parts of the
autonomous bank in America. Such banks are independently regulated
in the control system.
As to place of incorporation, banks are classified as either
domestic or foreign.
• A trust company is a legal entity that acts as a fiduciary, agent, or trustee on behalf of a
person or business for a trust.
• A trust company is typically tasked with the administration, management, and the eventual
transfer of assets to beneficiaries.
• A trust company acts as a custodian for trusts, estates, custodial arrangements, asset
management, stock transfer, and beneficial ownership registration.
• Trusts are managed for profit, which it may take out of the assets annually or upon transfer
to the beneficial third party.
• 12. Rural banks
• Rural banks are private, unit banking institutions based in
the rural areas which mobilise financial resources and control
and extend credits to farmers, cottage industrialists and
other rural-based economic operators in their defined area of
operation.
• 13. Development Banks?
• Development banks are those which have been set up mainly to
provide infrastructure facilities for the industrial growth of the
country. They provide financial assistance for both public and
private sector industries.
Types of banks as to management
• Unit Banking
– it is one where ownership is concentrated to one corporation,
- independent to others
- one place of business
- its own board of directors
- rural bank is the best example
• Group Banking
- When the majority portion of the stocks of two or more banks are held by
a holding company.
• Branch Banking
- where there is ahead office and two or more branches
• Chain Banking
- When one or more persons/corporation control the activities of banks.
Economic Significance of Banks.
• Facilitate trade transaction, particularly credit transactions.
• Facilitates the dealings between debtors and creditors, it acts as an
intermediary in the flow of credit funds.
• It allows others the use of otherwise idle funds of he community in
the productive activities.
• They can create money out of loan proceeds.
• Giving expert advice to businessmen.
• The major link between the international buyers and sellers.
Why the State or Government Supervises and
Control Banks?
• To see to it that people’s trust in banks must not be destroyed or
maligned.
• To ensure that the banks will perform their functions in the best
interest of their clients through the honest and efficient conduct of
their functions.
• It will peent the banks to create any untoward incidents that could
bring disaster to country.
• To protect the interest of the citizens.
BANK ORGANIZATION
Any business, whether big or small must be formed under the accepted
principles of organizing and financing.
GENERAL ASPECTS IN ESTABLISHING BANKS
In determining this particular aspect,
the organizers must be armed with facts and figures which they have to analyze
carefully before they can proceed with their project.
Selection of stockholders
The organizers also have to contend themselves with the selection of
stockholders. This is an essential consideration in setting up a bank because on such
choice may depend its success or failure.
BASIC GUIDELINES IN ESTABLISHING BANKS
• (Note: Except those to be established under R.A. No. 7721 which shall
continue to be governed by Circular No.51 dated 14 October 1994, as
amended. The authority to operate as an expanded commercial bank, on
the other hand, may be granted only to a non -expanded commercial bank
with satisfactory performance for the last two (2) years preceding its
application for such authority.)
• A. Guiding Principle (39)
• B. The Application (40)
• C. Capital Requirement/Stockholdings (58)
• D. Incorporators/Subscribers, Directors and Officers (62)
• E. Requirements for the Issuance of Authority to Operate (77)
• F. Inauguration/Opening of the Bank for Business after the Certificate of Authority to
Operate has been Issued. (83)
• G. Requirements within 30 Days after First Day of Operations (83)
• H. Revocation of Authority to Establish a Bank(84)
• A. Guiding Principle
• The new banking organization must have suitable shareholders,
adequate financial strength, a legal structure in line with its
operational structure, and a management with sufficient expertise
and integrity to operate the bank in a sound and prudent manner.
Where the proposed owner or parent organization is a foreign bank,
the prior consent of its home country supervisor should be obtained.
B. The Application
1. Banks to be established shall comply with the required minimum capital enumeratedbelow or
as may be prescribed by the Monetary Board:
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 for board of directors conducted or
accredited by the BSP: Provided, That incumbent directors as well as those
who will be elected after the approval of this circular must attend said seminar
within a period of six (6) months from the date of this circular or from the date
of their election, as the case may be; 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 .
For thrift banks and rural banks, at least one (1) of the members of the Board
of Directors must, in addition to the abovementioned minimum qualifications,
have at least one (1) year experience in banking and/or finance, provided that
this requirement may be waived if the thrift bank or rural bank is to be
established in a municipality or city where there is no existing bank.
The foregoing qualifications for directors shall be in addition to those already
required or prescribed under existing laws.
b. 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; and
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.
For commercial banks, the President must, in addition to the abovementioned
minimum qualifications, have at least two (2) years experience in banking and/or
finance. For thrift banks and rural banks, any one of the President, Chief Operating
Officer or General Manager must, in addition to the abovementioned minimum
qualifications, have at least two (2) years experience in banking and/or finance. The
foregoing qualifications for officers shall be in addition to those already required or
prescribed under existing laws.
c. prescribing disqualifications for directors, the following are
disqualified from becoming directors:
a. Permanently disqualified Directors / officers / employeepermanently disqualified by
the Monetary Board from holding a director position:
1. Persons who have been convicted by final judgment of the court for offenses
involving dishonesty or breach of trust such as, estafa, embezzlement, extortion,
forgery, malversation, swindling and theft;
2. Persons who have been convicted by final judgment of the court for violation of
banking laws;
3. Persons who have been judicially declared insolvent, spendthrift or incapacitated
to contract; or
4. Directors, officers or employees of closed banks/quasi-banks/trust
entities who were responsible 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 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 the board of directors during their incumbency, or any
twelve (12) month period during said incumbency. This disqualification applies
for purposes of the succeeding election;
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
vi. 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/quasi-banks/ 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;
7. Directors who failed to attend the special seminar for board of directors
required under item 3 of subsecs. 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;
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.
E. Requirements for the Issuance of Authority to Operate
1. Within sixty (60) days from receipt of advice of approval by the Monetary
Board/Governor of their application for authority to establish the bank, the
organizers shall:
a. Submit the Articles of Incorporation, Treasurer’s Sworn Statement and By
Laws in seven (7) copies; and
b. Deposit with any commercial bank (for commercial banks and thrift banks)
and any bank (for rural banks) the initial paid-up capital of the proposed bank.
2. Within thirty (30) days after the Articles of Incorporation and By Laws had
been passed upon by the Office of the General Counsel and the corresponding
certificates of Authority to Register had been issued, the organizers shall effect
the filing and registration of said documents with the Securities and Exchange
Commission.
3. Within six (6) months (for commercial banks and thrift banks) and eight (8) months (for
rural banks) from receipt of advice of approval by the Monetary Board/Governor of their
application for authority to establish the bank, the organizers shall:
a. Complete the construction and furnishing of the bank building, which shall be
equipped with vault and appropriate security devices such as lighting system, time
delay device, tamper resistant locks, alarm systems, etc., and provided with furniture,
fixtures, equipment and bank forms;
b. Effect and complete the recruitment and hiring of officers and employees of the bank;
c. Submit the following documentary requirements at least thirty (30) days before the scheduled
start of operations:
1) Proof of registration of Articles of Incorporation and By- Laws;
2) Certification of compliance with the conditions of approval duly signed by the incorporators;
3) List of principals and junior officers and their respective designations and salaries;
4) Bio-data sheet, evidence of citizenship and NBI and BIR clearances of each of the officers (who
have not had the previous approval of the Monetary Board/Governor) which are needed for the
evaluation of their qualifications as officers;
5) Chart of Organization (The chart should show the names of
departments/units/offices with their respective functions and responsibilities, and
the designations of positions in each department/unit/office with their respective
duties and responsibilities. The internal organization should provide for a
management structure with clear accountability, a board of directors with ability to
provide independent check on management, and independent audit and
compliance functions, and should follow the “four eyes” principle, e.g., segregation
of various functions crosschecking, dual control of assets, double signatures, etc.);
6) Manual of Operations embodying the policies and operating procedures of
each department/ unit/office, covering such areas as signing/delegated authorities,
etc. (for commercial banks and thrift banks);
7) Plantilla showing the positions with corresponding salaries, the total of which
should more or less conform with the amount of salaries shown in the submitted
projected statement of earnings and expenses;
8) Two (2) sets of specimens of principal bank accounting and other forms;
9) Bond policy on officers and custodial employees;
10) Insurance policy on bank properties required to be insured;
11) Blueprint of floor layout of bank premises;
12) Contract of lease on bank’s premises, if the same are to be leased;
13) Excerpts of the minutes of the organizational meetings confirming
all organizational and pre-opening transactions relative to activities
undertaken to prepare the bank to operate (such as appointment of
officers, contract of lease, etc.);
14) An alphabetical list of stockholders with the number and percentage
of voting stocks owned by them;
15) A separate list containing the names of persons who own voting
stocks in banks and who are related to each other within the 3rd degree of
consanguinity or affinity, with proper indication of the combined
percentage of voting stocks held by them in the particular bank, as well as
corporations which are wholly-owned or a majority of the stock of which
is owned by any of such persons, including their wholly or majority-
owned subsidiaries;
16) Certification by the President that no person who is the spouse or
relative within the 2nd 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 will be appointed to any of said positions in the bank;
17) Appointment of an officer of the proposed bank who shall have
undergone orientation on the reportorial requirements with the
Department of Thrift Banks and Non-Bank Financial
Institutions(DTBNBFI), and a certification by the Manager that he is
fully aware of said reportorial requirements and the respective
deadlines for submission to the BSP (for thrift banks); and
18) Other documents/papers which may be required; and
d. File with Supervisory Reports and Studies Office a request for ocular
inspection ofthe bank premises at least thirty (30) days before the
scheduled start of operation.
F. Inauguration/Opening of the Bank for Business after the Certificate
of Authority to Operate has been Issued.
1. Written documents make claims enforceable. The credit instrument enables the
creditor to hold the host instrument to collect from his debtor. The debtor on the
other hand is protected of his rights with respect to the amount of the obligation,
interest and maturity date.
2. Credit instruments facilitate exchange transactions. To increase volume of
production, producer's farmers, manufacture and merchants avail themselves credit
both use of the proper credit instrument.
3. Credit instrument minimize disputes among the contracting parties. Such
instruments define the extent of the obligations and claims of debtors and creditors.
Once both parties are bound by the same instruments, future disputes are avoided.
4. Credit instrument facilitates production and consumption. Stocks and bonds
certificates issued by corporations that are engaged in production activities.
Consumers avail themselves of the use of book accounts, installment and checks to
fulfill their instrument.
(2) TWO BROAD CLASSIFICATIONS
1. The credit instrument with General Acceptability
- the only instrument that meets the qualification of general acceptability is credit money. It
may be in the form of bank notes or treasury certificates.
- credit instruments which all persons within a country are willing to take in payment for
goods or services.
-Credit Instruments widely acceptable without questioning the integrity of the person offering
it. The only credit instrument that meets the qualification of general acceptability is credit
money.
CREDIT MONEY:
Bank Notes or Paper Money
-Issued by the Central Bank
Treasury Certificates
-a short-term obligation of the treasury, usually maturing in one year, paying interest
periodically on a coupon basis: no longer issued publicly.
CREDIT MONEY QUALITIES
1.) Must be issued by a promissory in which all the people have
confidence.
2). Must be in convenient denominations
3). Easily recognizable
4). Must be difficult to counterfeit.
2. The Credit Instrument with Limited Acceptability
- are issued under conditions as to make them an acceptable means
of payment only within a restricted field.
-Credit Instruments for Investment Purposes are subdivided into
stock certificates, bond certificates, and money market bills.
Stock Certificates- Evidences of ownership in a corporation
Preferred stocks- having special privileges & carry certain limitations.
Common stocks- having entitled to residual claims on the business.
Bond Certificates-Issued by a government or corporation in order to
raise money
Money Market Bills-Negotiable financial instruments bought and
sold in the market.
-Money market- a meeting place for users and suppliers of short term
funds.
Parties to a money market transaction:
a.) Fund
b.) Fund Supplier- are individuals or corporations with excess
liquidity who are looking for possible investment outlets for their
excess funds.
c.) Broker- are individuals or institutions engaged in the buying and
selling of money market instruments.
Kinds of Money Market Instruments
1.Interbank loans- loans which should be paid upon demand or call
by the lending institutions ad have no definite maturity.
2. Promissory notes- also called dealer papers. They are short term
indebtedness issued by institutions as direct obligors.
3. Repurchase agreement- are papers sold y dealers to buyers at an
agreed price. The dealer undertakes to buy the same paper from the
buyer at a specifies futures time and at aprice agreed upon
4. Certificates of assignments- are debt instruments which
evidences lawful ownership of the holder to the extent of the Peso
value indicated on the face of the instruments or a batch of an original
lump sum of promissory notes.
5. Certificates of participation- are debt instruments which evidence
lawful ownership of the holder to the extent of the Peso value indicated on
the face of the instruments or a portion of an original lump sum obligation
subsequently broken down and denominated into a different Peso value.
6. Commercial papers- an instrument which is issued, endorsed, sold,
transferred or conveyed to another person, or entity with or without
recourse, specifying the indebtedness of any person or entity. May either
be: Financial institutions- issue the financial type of commercial paper,
non-financial- public utilities agricultural and industrial firms
7. C.B.C.I. - tax-free and earn reasonable rate of interest, they are the
Central Bank Certificate of Indebtedness.
8. Treasury Bills- are bearer notes of debt instruments sold every week
at a discount by the Central Bank through competitive auction.
9. C.B.P. Progress Bonds- issued by the Development Bank of the
Philippines and secured by their assets, they are tax-free and
convertible.
10. Other government securities:
a. PW and Ed Bonds
b. LBP Bonds
c. Treasury Bonds
d. Treasury Notes
e. Capital Bonds
f. CCP bonds
g. ACA Notes
h. EPZA Bonds
i. Socio-economic Bonds
j. Premyo Savings Bonds
k. Biglang Bahay Bonds
l. LRT Notes
m. NDC Bonds
n. NFA Bonds
o. NAWASA Bonds
p. Bahayan Certificates
Dealer - as an intermediary in the exchange process actually
becomes a party to a market transaction. He maintains an inventory of
securities sells his securities to other buyers and hopes to make a profit
in the process of buying and selling these securities
Broker - only acts as an agent and adviser for his clients who are
either buyers or sellers, he makes them meet.
Underwriter - a dealer who handles new lines of securities. He
purchases securities ad then sells them to make profit.
Transactions:
In primary market- involve the issuance of new securities. In secondary
market- are confines to already issued and outstanding security.
Dealers Intermediating 1. Individual Investors 8. National
in the Money Market 2. Trust Funds and Government
1. Commercial Banks Pension Funds 9. Other institutions
2. Savings Banks 3. Government a) Development
3. Investment Houses Insurance-SSS/GSIS Bank of the Philippines
4. Investment 4. Private Insurance b) Land Bank of the
Companies Companies Philippines
5. Finance Companies 5. Other government c) Islamic Bank
6. Securities Dealers Corporations
Investors in the Money 6. Other private
Market Corporations
7. Lending Investors