(NAR) VOL. 29 NO. 1/ JANUARY - MARCH 18
a. The board of directors shall approve the defined range of activities and services that shall be carried out in a branch-lite unit consistent with the bank's business model in providing financial services to a specifically defined market or sector;
b. The board of directors shall ensure that the branch-lite unit has adequate personnel, internal control measures, physical facilities, security arrangements and information systems commensurate with the extent of banking activities undertaken and services offered by the branch-lite unit;
c. Management shall ensure that branch-lite units are considered in the bank's capital adequacy assessment and planning exercises considering the potentially high operational risk exposures of said units;
d. Management shall ensure the timely accounting and reporting of activities and transactions of the branch-lite unit to the head office/branch to which it is annexed; and
e. The bank’s risk management system, compliance and interna audit programs shall cover the branch-lite unit.Subsec. X151.2 Pre-requisites for the grant of authority to establish a branch/branch-lite unit. Banks may establish a branch or a branch-lite unit subject to the prudential criteria provided in Subsec. X1101.2. Any approved but unopened branch/es at the time of application shall be taken into account in determining compliance with the minimum capitalization requirement. No bank operating in the Philippines shall establish a branch or a branch-lite unit or transact business outside the premises of its duly authorized principal office or head office without prior approval of the Bangko Sentral.
a. Application letter signed by the chief executive officer or officer of equivalent rank which shall indicate the number of branch/es or branch-lite units to be established and their proposed location/s. In this respect, application for the establishment of branch-lite units shall include the range of activities that will be performed and services that will be offered by the branch-lite unit to a specifically defined market or sector;Subsec. X151.4 Location of branches/branch-lite units. As a general rule, banks shall be allowed to establish branch/es or branch-lite units anywhere in the Philippines, including in cities previously considered as restricted areas[2]: Provided, That, if TBs/RBs will establish branches in cities/municipalities of a higher classification than their head office, the applicable minimum required capital under Subsec. X111.1 shall be increased to that of the city/municipality of the higher classification, regardless of where the head office is located.
b. Secretary’s Certificate which indicates the approval of the bank’s board of directors of the establishment of branch/es or branch-lite units; and
c. Certification/Undertaking signed by the chief executive officer or officer of equivalent rank that the bank is compliant or will comply, as the case maybe, with the pre-requisites for the grant of authority to establish branch/es or branch-lite units provided under Subsec. X151.2.
a. The Coop Bank of the province may set up branches/branch-lite units anywhere within the province subject to compliance with the applicable branching rules and regulations as provided in Sec. X151.Subsec. X151.5 Processing and special licensing fees.
b. Coop Banks from other provinces may set up branches/branch-lite units in cities or municipalities of another province where there are no other Coop Bank head office/branch/branch-lite units.
a. Processing fee.The bank shall be immediately charged with the total processing fee computed for all branches/branch-lite units approved, in accordance with the following:
Banking Unit and Bank Category | Processing Fee Per Branch/ Branch-Lite Unit | |
Metro Manila cities of Cebu | 3rd to 6th Class | |
a . Branch |
|
|
(1 ) UBs / KBs/ Affili at ed TBs | P200 , 00 0 | P100 , 000 |
(2 ) Non-affili at ed TBs | 100 , 000 | 50 , 000 |
(3 ) RBs/ Coop Banks | 25 , 000 | 12 , 500 |
b . Branch-lite unit | 10 , 000 | 5 , 000 |
Ban k Category | Licensin g Fee Per | Proposed Licensi ng Fee Per |
UB / KB | P2 0 million | P 5 million |
TB | 1 5 million | 3 million |
RB / Coop Bank | 1 .5 million | 300 thousand |
Subsec. X151.6 Establishment of other banking offices. (Deleted by this Circular)Approved branches/branch-lite units shall be opened, within one (1) year from the date of approval thereof, subject to extension on a case by case basis; Provided, That: the entire period from date of approval of the establishment of the branch/branch-lite unit up to the requested extension shall not exceed three (3) years.[3]
Subsec. X151.7 Opening of branches/branch-lite units. Approved branches/ branch-lite units shall be opened, as follows:
a. Notify in writing the appropriate department of the SES of the actual date of opening of the branch/branch-lite unit;Subsec. X151.9 Relocation of branches/branch-lite units. Relocation of existing branches/branch-lite units, whether to be opened at the new site on the next banking day or within one (1) year from the date of closure of the branch/ branch-lite unit, shall be allowed in accordance with the following procedures:
b. Submit a certification on compliance with the following, as applicable:(1) Adequacy of personnel, internal control measures, physical facilities, information systems and security arrangements, including the installation of security devices and accessibility to persons with disability as required under Subsecs. X181.5 and X160.10, respectively;
(2) Posting in conspicuous places in the premises of the branch/branch-lite unit of the required notices, schedules and other relevant information pertaining to lending and deposit operations activities;3) Availability of efficient means of accounting and reporting as well as communication facilities (to be specified) between the head office, branches, and branch-lite units; andA bank that fails to comply with any of the requirements under Subsec. X151.2 on the pre-requisites for the grant of authority to establish a branch/branch-lite unit as of the date of the intended opening of the branch/branch-lite unit shall refrain from opening the branch/branch-lite unit on such date until it has complied with all the requirements under Subsec. X151.2: Provided, That the provisions of Subsec. X151.7 on the date of opening of branch/branch-lite unit shall be observed; and
(4) The requirements enumerated under Subsec. X151.2 as of the time of actual opening.
c. In the case of microfinance-oriented branch&, certify that the branch has:(1) a manual of operations on micro-financing duly approved by the bank’s board of directors;
(2) an adequate loan tracking system that allows daily monitoring of loan releases, collections and arrearages, and any restructuring and refinancing arrangements;
(3) is managed by a person with adequate experience in microfinancing activities; and
(4) at least seventy percent (70%) of deposits lent out to qualified microfinance, including BMBE borrowers, and the microfinance/BMBE loans of said branch shall at all times be at least fifty percent (50%) of its gross loan portfolio.
a. x x xb. x x xc. x x x
d. x x x that the bank has complied with Items “b” and “c” of Subsec. X151.8 on the requirements for opening a branch/branch-lite unit shall be submitted to the appropriate department of the SES. x x x
e. Branches/branch-lite units may be relocated anywhere: Provided, That
branches/branch-lite units located outside the cities previously considered as restricted areas as defined under Subsec. X151.4 which will be relocated therein shall be subject to the special licensing fee under Subsec. Xl51.5; and
f. Relocation of branch/branch-lite unit beyond one (1) year from the date of closure shall be deemed as permanent closure and surrender of license of the branch/branch-lite unit at the old site, and the opening of abranch/branch-lite unit at the new site shall be deemed as an establishment of a new branch/branch-lite unit subject to the provisions of Subsec. X151.2.
a. x x xSubsec. X151.11 Relocation/Transfer of branch/branch-lite unit licenses of closed banks. Buyers of closed banks shall be allowed to relocate/transfer acquired branches/branch-lite units subject to the conditions stated under Items “d” and “e” of the first paragraph of Subsec. X151.9 on relocation of branches/branch-lite units.(1) x x xTemporary closure of branches/branch-lite units beyond one (1) year shall be deemed as permanent closure and surrender of license of the branch/branch-lite unit, and re-opening thereof shall be deemed as an establishment of a new branch/branch-lite unit, subject to the provisions of Subsec. X151.2.
(2) x x x
(3) x x x
(4) Within five (5) banking days from the date of reopening of the branch/branch-lite unit, a notice of such reopening together with a certification signed by the CCO and the head of the branch banking operations with the rank of vice president or its equivalent or by a higher ranking officer that the bank has complied with Items “b” and “c” of Subsec. X151.8 on the requirements for opening a branch/branch-lite unit shall be submitted to the appropriate department of the SES.
b. x x x x x x
c. Sale/acquisition of branches/branch-lite unit. Sale/acquisition of existing/ operating branches/branch-lite unit may be allowed with prior approval of the Monetary Board in accordance with the following procedures:(1) x x x
(2) x x x
(3) x x x
(4) x x x
(5) Request for Monetary Board approval to acquire the branch/ branch-lite unit signed by the president of the bank or officer of equivalent rank, together with a certified true copy of the resolution of the bank's board of directors authorizing the acquisition shall be submitted by the acquiring bank to the appropriate department of the SES. The acquiring bank shall likewise comply with the pre-requisites on the grant of authority to establish a branch/branch-lite unit under Subsec. X151.2 and the ceiling on total investments of a bank in real estate and improvements thereon, including bank equipment under Subsec. X160.2.A bank may purchase/acquire branches/branch-lite unit anywhere, including in Metro Manila subject to compliance with the applicable minimum capital requirement under Subsec. X111.1.(6) x x x(7) Within five (5) banking days from the date of opening of the acquired branch/branch-lite unit, a notice of such opening, together with a certification signed by the CCO and the head of the branch banking operations with the rank of vice president or its equivalent or by a higher ranking officer that the bank has complied with Items “b” and “c” of Subsec. X151.8 on the requirements for opening a branch/branch-lite unit shall be submitted by the acquiring bank to the appropriate department of the SES.x x x
For this purpose, the Bangko Sentral may among others, limit the banking activities and services offered by a branch/branch-lite unit or revoke the franchise and close any branch/branch-lite unit. If any part of the certification submitted by the bank as required in this Section is found to be false, the Bangko Sentral may also, among others, suspend the privilege to establish and/or open approved branches/branch-lite units and/or relocate branches/branch-lite units and impose sanctions on the certifying officers concerned.Subsec. X151.13 - X151.18 (Reserved)
Sec. X152 Relocation of Head Offices. xxx a. xxx
xxx
b. xxxxxxc. xxx
A bank’s head office may be relocated anywhere it is allowed to establish branches as provided in Subsec. X151.4 on location of branches/branch-lite units: Provided, That head offices located outside the cities previously considered as restricted areas as defined under Subsec. X151.4 which will be relocated therein shall be subject to the special licensing fee under Subsec. X151.5 upon approval of the relocation.
xxx
Subsec. X153.2 Requirements for establishment of sub-branches of foreign bank branches. In addition to the pre-requisites for the grant of authority to establish a branch/branch-lite unit under Subsec. X151.2, the applicant foreign bank branch in the Philippines shall be subject to the processing fee provided in Subsec. X151.5: Provided, That sub-branch applications in the cities previously considered as restricted areas as defined under Subsec. X151.4 shall also be subject to the special licensing fee under Subsec. X151.5, as applicable.
Subsec. X153.3 Date of opening. xxx
Subsec. X153.4 Requirements for opening a sub-branch of foreign bank branches. Not later than five (5) banking days from the date of opening of a sub- branch, the foreign bank branch, through its country manager or the highest ranking officer in the Philippines shall submit the following documents:
a. Written notice to the appropriate department of the SES of the actual date of opening of the sub-branch;b. Proof or evidence of inward remittance needed to meet the additional capital requirements under Subsec. X111.1, as applicable; andc. Certification on compliance with Item “b” of Subsec. X151.8 on the requirements for opening a branch/branch-lite unit.
Subsec. X153.5 Limitations on establishment of sub-branches of foreign bank branches. A foreign bank authorized to establish branches in the Philippines pursuant to the provisions of R.A. No. 7721, as amended by R.A. No. 10641, may open up to five (5) sub-branches as may be approved by the Monetary Board. A foreign bank shall also be allowed to establish branch-lite unit subject to the provisions of Section X151. In this regard, a branch-lite unit shall be considered as a sub-branch for purposes of complying with the numerical limit set forth under R.A. No. 7721, as amended by R.A. No. 10641.Section 4. Subsection X102.5 of the MORB on the conversion of microfinance-oriented thrift banks/rural banks is hereby amended as follows:
Subsec. X153.6 Supervisory Enforcement. The Bangko Sentral reserves the right to deploy any of its supervisory tools to promote adherence to the requirements set forth in Section X153. Non-compliance therein shall subject the foreign bank to supervisory enforcement action, including those mentioned under Subsec. X151.12.
Subsec. X102.5 Conversion of microfinance-oriented thrift banks/rural banks.
a. xxx
xxx
b. Microfinance-oriented branches may convert into regular branches subject to the submission of the following:
(1) Certification signed by the president or officer of equivalent rank that:
(a) At least seventy percent (70%) of deposits generated by the branch shall be lent out to microfinance borrowers;
xxx
Subsec. X111.1 Minimum capitalization. The minimum capitalization of banks shall be as follows:
xxx
For purposes of compliance with this Subsection, the term branch shall exclude the branch-lite units of banks.
The above shall also be the required minimum capitalization upon x x x.xxxSection 6. The terms “extension office/s (EOs)” and/or “other banking office/s (OBOs)” mentioned in the following sections/subsections/appendices of the MORB shall be replaced with the term “branch-lite unit/s”:
Sections | X15 6 and 2172 |
Subsections | X151 .9 to X151. 10, except f or Subsec. X151. 9. e. and f., Subsec. X151. 10.a (4) and Subsec. X151. 10.c (5) and (7); |
Appendices | 7 , 38, 94, 94b and 110 |