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Questions and Answers
What is the role of the Monetary Board regarding exemptions from ratios and limitations for banks?
What is the role of the Monetary Board regarding exemptions from ratios and limitations for banks?
Which entity is responsible for determining if a person or entity is engaging in banking operations without authority?
Which entity is responsible for determining if a person or entity is engaging in banking operations without authority?
What must a person or entity obtain to legally engage in banking operations?
What must a person or entity obtain to legally engage in banking operations?
What can happen to persons or entities found to be operating without authorization from the Bangko Sentral?
What can happen to persons or entities found to be operating without authorization from the Bangko Sentral?
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Which of the following best describes the liabilities included under the prescribed ceilings for a corporation?
Which of the following best describes the liabilities included under the prescribed ceilings for a corporation?
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What authority does the department head of the appropriate supervising department have concerning the investigation of entities?
What authority does the department head of the appropriate supervising department have concerning the investigation of entities?
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Under what circumstance can the Monetary Board prescribe a combination of liabilities of subsidiary corporations?
Under what circumstance can the Monetary Board prescribe a combination of liabilities of subsidiary corporations?
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What is true about the liability of a general indorser in relation to the bank?
What is true about the liability of a general indorser in relation to the bank?
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What conditions can lead to considering members of a partnership liable to the bank?
What conditions can lead to considering members of a partnership liable to the bank?
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In what situation is the parent corporation not liable to the bank but still can have its subsidiaries' liabilities considered?
In what situation is the parent corporation not liable to the bank but still can have its subsidiaries' liabilities considered?
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Study Notes
Authority and Responsibilities of the Monetary Board
- The Monetary Board can exempt certain transactions from banking ratios, ceilings, and limitations, particularly for banks or quasi-banks undergoing rehabilitation or during mergers.
- Only entities authorized by the Bangko Sentral can engage in banking or quasi-banking functions; violations may lead to investigations and inspections by the Monetary Board.
Functions and Regulations
- The Monetary Board oversees the authorization process for banking activities, which can be revoked or suspended under specific laws.
- Entities must present necessary documents for auditing; non-compliance may result in penalties under the New Central Bank Act.
- Unauthorized banking operations incur penalties, reinforcing the importance of regulatory compliance.
Examination and Liability
- The scope of liabilities includes those directly associated with bankers and general indorsers, as well as the financial obligations of majority-controlled entities and their subsidiaries.
- The Monetary Board can prescribe liability combinations in cases of guarantees or conditional loans, aligning credit risk assessments.
Credit Accommodation and Loan Management
- The Monetary Board regulates unsecured loans, preferences for issuing terms, and conditions for various bank credits.
- Interest rates for microfinance are to be managed to prevent exorbitant charges, especially concerning salary loans.
Amortization Policies
- Loans exceeding five years require periodic amortization, with permissions for initial deferrals if revenue is insufficient, but not later than five years post-issuance.
Remedial Actions and Sanctions
- Repeat unsafe banking practices can result in immediate sanctions, including exclusion from clearing activities by the Monetary Board, independent of existing violations.
Dividend Regulations for Banks
- Banks and quasi-banks cannot declare dividends exceeding accumulated net profits, particularly under financial strain or upon major violations.
Auditor Engagement and Ownership Considerations
- The Monetary Board can mandate independent audits for banks to ensure compliance with ownership regulations, promoting majority control by Filipino entities.
Foreign Bank Regulations
- Multiple branches of foreign banks in the Philippines are treated as a single unit concerning governance under local laws.
- The foreign banks’ head offices must guarantee liabilities of their Philippine branches to protect local creditors.
Legal Framework for Foreign Banks
- Jurisdiction over foreign banks is established through designated agents in the Philippines for legal summons and processes, ensuring effective legal recourse for creditors.
- Changes in agent authority necessitate prompt re-designation and proper filing with regulatory bodies.
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Description
This quiz covers key regulations related to banking and quasi-banking functions, with a focus on the Monetary Board's authority. It provides insight into exemptions for specific transactions and the implications for banks under rehabilitation or during mergers. Test your understanding of these crucial banking laws.
