Philippine Banking Laws Quiz
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Questions and Answers

What is the fate of unclaimed balances according to Act No. 3936?

  • They will be distributed among the employees of the banks
  • They will be used to fund the banks' operational expenses
  • They will be deposited with the Insular Treasurer for the credit of the Government of the Philippine Islands (correct)
  • They will be returned to the depositors' heirs
  • What is the duty of banks regarding unclaimed balances under Act No. 3936?

  • Donate the unclaimed balances to charity organizations
  • Use the unclaimed balances for their own investment purposes
  • Return the unclaimed balances to the depositors' heirs
  • Forward a statement to the Insular Treasurer of all credits and deposits held by them in favor of persons unheard from for ten years or more (correct)
  • What is the policy of the State regarding bank accounts under the Anti-Money Laundering Act?

  • Allow unrestricted access to bank accounts
  • Publicly disclose all bank account information
  • Protect and preserve the integrity and confidentiality of bank accounts (correct)
  • Share bank account details without consent
  • What is considered a 'covered transaction' under the Anti-Money Laundering Act?

    <p>A transaction in cash involving a total amount in excess of P500,000 within one banking day</p> Signup and view all the answers

    What is the purpose of implementing targeted financial sanctions under the Anti-Money Laundering Act?

    <p>Related to the financing of the proliferation of weapons of mass destruction, terrorism, and financing of terrorism</p> Signup and view all the answers

    In the Philippines, which law explicitly provides that foreign currency deposits shall be exempt from garnishment?

    <p>RA 6426 or The Foreign Currency Deposit Act</p> Signup and view all the answers

    If a judgment creditor wants to go after a depositor's foreign currency deposit in the Philippines, which law prohibits this action?

    <p>RA 6426 or The Foreign Currency Deposit Act</p> Signup and view all the answers

    Abet has a P250,000 balance in his BPI Account and a $100,000 balance in his foreign currency deposit. Can a judgment creditor go after both accounts according to the laws mentioned?

    <p>No, the judgment creditor can only go after the peso account</p> Signup and view all the answers

    Which law does not contain a prohibition on garnishment of a depositor’s peso deposit in the Philippines?

    <p>RA 1405 or the bank secrecy law</p> Signup and view all the answers

    Under what circumstances can a judgment creditor go after a depositor's foreign currency deposit according to Philippine laws?

    <p>Under no circumstances can a judgment creditor go after a foreign currency deposit</p> Signup and view all the answers

    Study Notes

    Act No. 3936

    • Unclaimed balances are turned over to the National Treasury after a certain period of time.
    • Banks are duty-bound to report and remit unclaimed balances to the National Treasury.

    Anti-Money Laundering Act

    • The State's policy is to ensure that bank accounts are not used for money laundering and terrorist financing.
    • A 'covered transaction' is a transaction with a value of more than PHP500,000 or its equivalent in foreign currency.
    • The purpose of implementing targeted financial sanctions is to prevent the financing of terrorism and proliferation of weapons of mass destruction.

    Foreign Currency Deposits

    • Foreign currency deposits are exempt from garnishment under Philippine law, specifically Republic Act No. 6426.
    • A judgment creditor cannot go after a depositor's foreign currency deposit by virtue of Republic Act No. 6426.
    • This exemption does not apply to peso deposits, which can be garnished by a judgment creditor.
    • However, a judgment creditor may go after a depositor's foreign currency deposit if the court has obtained a judgment based on a fraud or illegal activity connected to the deposit.

    Garnishment of Deposits

    • A judgment creditor can go after a depositor's peso deposit, but not their foreign currency deposit, unless the latter is connected to a fraud or illegal activity.
    • Republic Act No. 6426 is the law that exempts foreign currency deposits from garnishment, but it does not contain a prohibition on garnishment of peso deposits.

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    Description

    Test your knowledge of Philippine banking laws with this quiz. Explore the regulations related to garnishment of deposits, including foreign deposits, under RA 1405 and RA 6426.

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