Professional Documents
Culture Documents
- atleast (5) max. (15) 5-15 members Compensation and Other Benefits of Directors and
- (2) must be independent directors- other than an officer or Office
employee of the bank, its subsidiaries, or affiliates or related - Monetary board may regulate the payment by the
interest bank to its directors and officers of compensation,
- Non-Filipino residents can be a member of BOD only to the allowance, fees, bonuses, stock options, profit sharing
extent of his/her foreign participation in the equity and fringe benefits only in exceptional cases, not
-meeting can be conducted through modern tech. but not limited to the following:
limited to videoconferencing/teleconferencing • bank is under comptrollership or
conservatorship
- Directors of merged or consolidated banks shall not • bank is found by the Monetary Board to be
exceed 21 conducting business in an unsafe or unsound
- Election: President, Treasurer (director or not), manner
Secretary (resident citizen). • bank is found by the Monetary Board to be in
- Not allowed position: President/Secretary, an unsatisfactory financial condition
President/Treasurer
- A foreigner may be a member of the Board of Banking Days and Hours
directors of a rural bank at the time of their - all banks including their branches and offices
assumption of office shall transact business on all working days for
at least six (6) hours a day
- may open for business on Saturdays, Sundays
Fit and Proper Rule or holidays for at least three (3) hours a day
*must report to BSP
• Powers of MB against directors:
a. Review qualifications and DQs of directors • For purposes of deposits and
b. After due notice, may disqualify, suspend or withdrawals, bank can extend beyond or
remove director early of 8AM and 8PM
c. Fit and proper rule shall be determined by - • If it is for other purposes, they can
integrity, experience, education, training, exceed 6 hours minimum but not extend
competence of the director beyond or early of 8AM and 8PM
• Banks in airports or major fish ports can
• Disqualifications of directors: open 24hours
a. Convicted of final judgment involving dishonesty or • Changes in banking days and hours can
breach of trust be made once every 30 days except during
b. Persons convicted of final judgment with a emergencies
maximum imprisonment term of more than 6 years
Strikes and Lockouts
c. Convicts of banking laws
- any strike or lockout involving banks, if
d. Persons judicially declared insolvent
unsettled after seven (7) calendar days shall
e. Culpable of bank’s closure (guilty) be reported by the Bangko Sentral to the
f. Administratively liable for violation of banking laws Secretary of Labor who may assume
with penalty of removal from office jurisdiction over the dispute or decide it or
g. Found unfit for position certify the same to the National Labor
Relations Commission for compulsory
• There can be also temporary disqualifications and arbitration.
shall exist until DQ is gone - However, the President of the Philippines
• Under CC (Corporation Code) disqualification is only may at any time intervene and assume
with (1) imprisonment more than 6 years or (2) jurisdiction over such labor dispute in order
violation of code committed within 5 years to settle or terminate the same.
- Banks, through their president, shall
inform BSP of the cause of the strike and
the operations affected
Replacement of currency unfit for circulation
Loans and Other Credit Accommodations Against Real
Estate • BSP shall withdraw from circulation and demonetize all
- shall not exceed seventy-five percent (75%) of the notes and coins unfit for circulation and shall replace them
appraised value of the respective real estate • BSP shall not replace notes under mutilated condition and
security, plus sixty percent (60%) of the appraised without compensation to bearer
value of the insured improvements, and such loans
• Mutilated condition: (1) identification is impossible, (2)
may be made to the owner of the real estate or to
signs of filing, clipping, or perforation (3) notes lost more
his assignees.
than 2/5 of surface or all signatures
Loans and credit accommodations on security of Retirement of old notes and coins
chattels and intangible properties
- Shall also not exceed 75% of the appraised • BSP may call for replacement of notes (more than 5 yrs
value of the security old) and coins (more than 10 yrs old)
Effects of Receiver/Liquidation
1. Suspension of operation
2. Assets under receivership/liquidation shall
be deemed in custodia legis in the hands of
receiver and shall be exempt from
garnishment, levy, attachment or execution
3. Bank is not liable to pay interest on
deposits during suspension of operation
4. Corporation retains its legal personality
5. Deposits do not become preferred credits