(NAR) VOL. 10 NO. 3 / JULY - SEPTEMBER 1999
“4. No bank which has any of the following violations/exceptions and unsound and unsafe banking practices noted in the latest examination of the bank shall be allowed to open a branch won thru the bidding process until after such exceptions/practices have been corrected:2. To amend further item 1. (e) of CB Circular No. 1281 as amended under M.B. Res. No. 1070 dated September 20, 1991 to read as follows:
a. Republic Act No. 387, as amended —
1. Sec. 21-A to Sec. 21-C and Sec. 31 — Investment in equities exceeds prescribed ceilings:
2. Sec. 23 and Sec. 32 — Loans in excess of single borrower’s limit;
3. Sec. 25 and Sec. 34 — Investment in bank premises exceeds ceilings;
4. Sec. 76 — Loans granted without supporting financial statements and/or credit information or loans which are not justified by financial statements and/or credit information (total amount of such loans aggregates 5% of networth);
5. Sec. 78 — Loans granted in excess of maximum loan value (total excess in amount is 5% of networth); and
6. Sec. 12, 12-A. 12-B and 12-C — Limit on stockholdings.
b. Manual of Regulations for Banks and Other Financial Intermediaries — Books I and II.
1. Sec. 1326 to Sec. 1334 and Sec. 2326 to Sec. 2334 — excess loans to directors, officers, stockholders and their related interests:
2. Sec. 1106 and Sec. 2406 — does not meet minimum capital requirement;
3. Sec. 1116 and Sec. 2116 — Minimum capital-to-risk asset requirement (5 or more times deficient within a 60-day period during the last 6 months); and
4. Sec. 1253 to Sec. 1257; Sec. 1283 and Sec. 2253 to Sec. 2257; Sec. 2283 — Legal reserve for deposits and deposit substitutes (4 consecutive weeks net deficiency).
c. Unsound and unsafe banking practices —
1. Loans approved/released without authority from appropriate body/officer (aggregates to 5% of networth);
2. Loans released without complying with the terms and approval thereof (aggregates 5% of networth);
3. Loans released before full documentation of papers (PNs mortgage contracts, pledges, assignments). Aggregates to 5% of networth; and
4. When the aggregate of all loans under items (1) to (3) above is equal to 10% of networth; and
d. Unprofitable Operations”
“(e) A bank which has been awarded a branch franchise shall open and operate the branch covered by the franchise within a period of one (1) year from the date of the award; otherwise, the franchise as well as the consideration paid to the Central Bank for said franchise shall be forfeited.”This Circular shall take effect immediately.