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(NAR) VOL. 26 NO. 4/ OCTOBER - DECEMBER 2015

[ CIRCULAR NO. 890, November 12, 2015 ]

AMENDMENTS TO THE MANUAL OF REGULATIONS FOR BANKS AND MANUAL OF REGULATIONS FOR NON-BANK FINANCIAL INSTITUTIONS



Adopted: 02 November 2015
Date Filed: 12 November 2015


The  Monetary  Board,  in its Resolution  No.  1541  dated  08 October  2015, approved  the  following  amendments  to  the  Manual  of  Regulations  for  Banks

(MORB)   and   Manual   of   Regulations   for   Non-Bank   Financial   Institutions
(MORNBFI).

Section 1. The following provisions of Circular No. 829 dated 13 March 2014 [Amendments  to Consolidated  Rules  and Regulations  on Currency  Notes  and Coins (BSP Circular No. 61, Series of 1995)] are numbered  as follows to align with existing sections/subsections  of the MORB/MORNBFI:

Portion of the

Circular

Title

MORB Section/

Subsections

MORNBFI

Section

 

Philippine and Foreign Currency and

Notes

X950

4950Q/

4650S/

4650P/

4650N

Definition of

Terms

Definition of Terms

X950.1

4950Q.1

Chapter I

Treatment and disposition of

counterfeit Philippine and foreign currency notes and coins

X950.2

4950Q.2

Chapter II

Reproduction and/or use of

facsimiles of legal tender Philippine currency notes

X950.3

4950Q.3

Chapter III

Reproduction and/or use of

facsimiles of legal tender Philippine currency coins

X950.4

4950Q.4

Chapter IV

Clean note and coin policy

X950.5

-

Chapter V

Replacement and redemption of legal tender Philippine currency

notes and coins considered mutilated or unfit for circulation

X950.6

4950Q.6

Chapter VI

Treatment and disposition of

Philippine currency notes and coins called in for replacement

X950.7

4950Q.7

Chapter VII

Penalties

X950.8

4950Q.8


Section 2. The following subsection/appendices  of the MORB are assigned to the provisions of Circular No. 850 dated 08 September 2014 (Report on Cross- Border Financial Position of Banks):

Portion of the

Circular

Title

New Subsection/

Appendices

2nd  par

Report on Cross-border Financial Position

X192.13

Item 2

Report on Cross-Border Financial Positions

App. 6

Annex A

Guidelines on the Completion of the Report on Cross-Border Financial Positions

App. 106


Section  3.  The  attachment  (Framework  for  Dealing  with  Domestic Systemically Important Banks) to Circular No. 856 dated 29 October 2014 (Implementing  Guidelines  on the Framework  for Dealing  with  Domestic Systemically Important Banks Under Basel III) is appended to the MORB / MORNBFI, as follows:

Portion of the

Circular

Title

Appendices

Attachment

Framework for Dealing with Domestic

Systemically Important Banks

App. 6

App. 107

App. Q-3

App. Q-62


References to the above appendices are added to Subsections X115.5 and
4115Q.5 of the MORB and MORNBFI, respectively.

Section 4.
The attachment (Guidelines on EMV Implementation)  to Circular No. 859 dated 24 November 2014 [Europay, MasterCard and Visa (EMV) Implementation Guidelines] is appended to MORB as follows:

Portion of the

Circular

Title

New Appendix

Attachment

Europay, Mastercard and Visa (EMV)

Implementation Guidelines

App. 108


Reference  to  the  above  appendix  is  added  to  Subsection  X177.7  of  the
MORB.

Section 5. The following sections/subsections of the MORB/MORNBFI are assigned  to  the  provisions   of  Circular  No.  860  dated  23  November   2014 [Guidelines  on the Qualification/Accreditation  Requirements  of Personal  Equity and Retirement Account (PERA) Market Participants and PERA Investment products)]:

Portion of the

Circular

Title

New Section/

Subsections

Introduction

Personal Equity and Retirement Account

(PERA) Market Participants and PERA

Investment Products.

X960

4960Q

4460N

Section 1

Applicability

X960.1

4960Q.1

Section 2

Eligibility Criteria

X960.2

4960Q.2

Section 3

Qualifications/Accreditation Requirements

X960.3

4960Q.3

Section 4

Application for qualification/ accreditation

X960.4

4960Q.4

Section 5

Security for the faithful performance of administrators

X960.5

4960Q.5

Section 6

Grounds for suspension or revocation of qualification/accreditation of administrator, investment manager or custodian.

X960.6

4960Q.6

Section 7

Penalty

X960.7

4960Q.7

Section 8

Reportorial Requirements

X960.8

4960Q.8


Section  6. References  used in the following  Circulars  are renumbered  for consistency with the MORB/MORNBFI numbering:

Circular

No.

Circular Reference

MORB/MORNBFI Sections/Subsections/

Subsection Item/Appendices

826

App.Q-46b

App.Q-46

855

4306Q.1 – Item “h

4306Q.1 – Item i”

857

Part   9   Banks   and   Q- Regulations

X1001                               4403S

X1001.1 - X1001.2           4403S.1 - 4403S.2

X1002                               4401P

X1002.1-X1002.5             4401P.1 - 4401P.2

X1003                               4402P

X1003.1-X1003.2             4402P.1 - 4402P.5

41001Q                            4403P

41001Q.1 - 41001.Q.2    4403P.1 - 4403P.2

41002Q                            4701N

41002Q.1 - 41002Q.5     4701N.1 - 4701N.2

41003Q                            4702N

41003Q.1 - 41003Q.2     4702N.1 - 4702N.5

4401S                               4703N

4401S.1 - 4401S.2           4703N.1 - 4703N.2

4402S                              App. 110

4402S.1 4402S.5          App.Q-04


Section 7. The Transitory Provisions of the following Circulars are footnoted in the sections/subsections  of the MORB/MORNBFI.

Circular No.

Sections/Subsections

823

X181.2

824

X233.9

830

X253.1, X405.5, 4235Q, 4405Q.5

832

X253.1, X405.5, 4235Q, 4405Q.5

844

X172


The     Transitory     Provisions     of     the     following     subsections     in     the
MORB/MORNBFI that have already expired are transferred as footnotes:

1.     X303.5
2.     X304.10
3.     4409Q.17

Section 8. The following  Memoranda  to Banks are incorporated  to create/update the following sections/subsections/ appendices of the MORB/ MORNBFI:

Memorandum No.

Sections/Subsections

002

X111.4

003

X108.4 App. 94a

006

X192.2, X257, X269.6, X269.8, X302, X306, X338, App.

18, App. 89

007

X190.6

009

X191.2, App. 6, App. 77

010

App. 6

014

X901.1, App. 88, 4901Q.1, App. 51

015

App. 6

017

App. 6

019

App. 6, App. Q-3

020

App. 6, App. Q-3

021

X954

023

X233.9


024

App. 6

025

App. 6

026

App. 6

031

X192.2, x257, X269.6, X269.8, X302, X306, X338, App.

18, App. 89

032

App. 6

034

X233.9

035

App. 6

039

X192.2, X257, X269.6, X269.8, X302, X306, X338, App.

18, App. 89

044

App. 6

045

X960, App. 109, 4960Q, App. Q-63

046

App. 6


Section 9. The following  sections/subsections  of the MORB/MORNBFI  are modified for consistency and shall read as follows:

1. Item I of Section 1397

Real Estate Loon Limit. Total real estate loans of UB/KBs, excluding Items “a to “d

below, shall not exceed twenty percent (20%) of the total loan portfolio, net of interbank loans:

xxx xxx xxx

2. Item 1.d. of 1397

Loans to the extent collateralized by non-risk assets under existing regulations. xxx xxx xxx

3. Item 2 of Section 1397

Real Estate Stress Test (REST) Limits. A prudential limit is set for real estate exposures

and other real estate property of UBs/KBs. Real estate exposures shall refer to:

 

a. Real estate loans (RELs), which shall consist of:

 

(1) Residential real estate loans to individual households for occupancy; and

(2) Commercial real estate loans, which shall refer to loans granted to the following:

(a) individuals;

(b) land developers/ construction companies; and

(c) other borrowers, such as

(i) real estate brokers; (ii) real estate lessors;

(iii) property management companies;

(iv) holding companies; and

(v) others, including other corporate borrowers;

 

for purposes of financing real estate activities;

 

b. Investments in debt securities issued by land developers/construction companies and other corporate borrowers, such as real estate brokers, real estate lessors, property management companies and holding companies, for purposes of financing real estate activities; and

 

c. Investments in equity securities issued by land developers/construction companies and other corporate borrowers, such as real estate brokers, real estate lessors and property management companies, for purposes of financing real estate activities. Equity securities issued by holding companies are likewise covered, if proceeds from the issue shall be/has been invested by the holding company in its subsidiary corporation/s that is/are engaged in real estate activities.

 

Real estate exposures shall not include loans and investments in debt and equity securities for construction of highways, streets, bridges, tunnels, railways, and other infrastructure for public use.


 

xxx xxx xxx

4. Section 2397

Sec. 2397 Limits on Real Estate Exposures and Other Real Estate Property of TBs.

A prudential limit is set for real estate exposures as defined under Item “2 Section 1397, and other real estate property of TBs. Other real estate property shall include those recorded under Real and Other Properties Acquired and Non-Current Assets Held for Sale. For this purpose, a stress test will be undertaken on a TB’s REEs and other real estate property under an assumed write-off rate of twenty five percent (25%).

xxx xxx xxx

 

1 TBs that are not subsidiaries of UBs and KBs.

5. Section 2172

Sec. 2172 Marketing, Sale and Servicing of Microinsurance Products by Thrift

Banks. In order to better serve microfinance clients pursuant to the financial inclusion

thrust of National Strategy and Regulatory Framework for Microinsurance, a TB, including its authorized branch/es, extension office/s and other banking offices (OBOs), can present, market and sell microinsurance products as defined under the Insurance Commission’s Memorandum Circular (lMC) No. 1-2010x, provided that the microinsurance product is duly approved by the Insurance Commission.

The presentation, marketing and sale of microinsurance products by TBs has been determined to be a necessary and complementary component of the primary business of

TBs considering the relationship of the latter with their microfinance clients. For this purpose, the Monetary Board has defined that for TBs, microinsurance products as defined under IMC No. 9-2006xx  and 1-2010xxx  shall serve as a financial product of an allied undertaking under Section 20 of the General Banking Law.

xxx xxx xxx

5. Bank’s license from the Insurance Commission as a microinsurance agent or broker, as may be applicablexxxx.

6. Certification from the bank president xxx xxx xxx xxx

(Circular No. 683 dated 23 February 2010, M-2011-015 dated 18 March 2011)

 

----------------

x Dated 29 January 2010 xx  Dated 25 October 2006 xxx  Dated 29 January 2010

xxxx  To act as a microinsurance agent of an authorized insurance provider, a bank needs to acquire the appropriate license from the lC. The requirements for such application consist of: (i) attendance in

prescribed microinsurance training course and passing the qualifying examination at the end of the

course; and (ii) amending a bank’s articles of incorporation (AOl). In view of the latter requirement, applicant  banks  shall  amend  their  AOl  by  including  a  secondary  purpose  of  acting  as  a microinsurance agent, and shall submit simultaneously the amended AOI to the appropriate BSP office and the lC. (See lC Memo Circular No. 6-2011 dated 15 February 2011)

6. Subsection 2361.8

§ 2361.8 Marketing, sale and servicing of microinsurance products by thrift banks.

A TB including its authorized branch/es, extension office/s and OBOs shall comply with

Sec. 2172 for the presentation, marketing and sale of micro insurance products.

7. Subsection 3361.8

§ 3361.8 Marketing, sale and servicing of microinsurance products by rural and cooperative banks. An RB/coop banks including its authorized branch/es, extension office/s and OBOs shall comply with Sec. 3172 for the presentation, marketing and sale

of micro insurance products.

8. Subsections X806Q.2.i/4806Q.2.i

§ X806.2.i/4806Q.2.i Fund/Wire transfer. Because of the risk xxx

 

xxx xxx xxx

 

(4) Whenever possible, manually initiated fund transfer (MIFT) instructions should not be the primary delivery method. Every effort shall be made to provide client with an electronic banking solution. However, where MIFT is utilized, the following validation procedures shall apply:

 

(i)             Prior to the bank accepting from a customer a manually initiated funds transfer request, the customer must execute and sign an agreement which preferably is part of the  account  opening  documentation,  wherein  are  outlined  the  manual  instruction

 

 

procedures with related security procedures including customer agreement to accept responsibility for fraudulent or erroneous instructions provided the bank has complied with the stated security procedures.

(ii) It is mandatory that written MIFT instructions are signature verified. In addition, one

(1) of the following primary security procedures must be applied: a recorded callback to

the customer to confirm the transaction instructions, or testword arrangement/ verification. The callback or test word requirement may be substituted by any of the following validity checks: use of a controlled PIN or other pre-established code; sequential numbering control of messages; pre-established verifiable forms; same as prior transmissions; standing/pre-defined instructions; or value for value transactions.

(iii) It  is  mandatory that faxed MIFT instructions are signature verified and the fax

machine be located in a secured environment with limited and controlled staff access which permits visual monitoring. If monitoring is not possible, the equipment must be secured or programmed to receive messages into a password protected memory.

Faxed MIFT transactions below a certain threshold (approved by the President/Country Manager (for branches of foreign banks) or Business Risk Manager) may be processed with the mandatory procedure described above and an enhanced security procedure such as (a) a recorded callback to the customer to confirm the transaction  instructions  and/or  (b)  test  word  arrangement/verification,  and/or  (c) utilization of secured forms that incorporate verifiable security procedures such as watermarks or codes, and/or (d) transmission encryption.

(iv) Telephone callback numbers and contacts must be securely controlled. The confirmation callback is to be recorded and made to the signatory/(ies) of the customer’s

individual account(s). For commercial and company accounts the callback will be made to the signatory/(ies) of the account or, if so authorized, another person designated by the customer in the MIFT agreement. The party called is to be documented on the instructions. The callback must be made by someone other than (a) the person receiving the original instructions and (b) effecting the signature verification.

xxx xxx xxx

 


Section 10. Circular No. 827 deleted Section X116, Subsections X116.1 to X116.7, and Appendix 63a of the MORB. The following subsections/appendices of the MORB contain references pertaining to the deleted section/subsections/ appendix. References  to the deleted section/subsections/appendix are changed to “under applicable and existing capital adequacy framework”.

Subsection

Title

X119.4

Public issuance of unsecured subordinated debt

X119.5

Private or negotiated issuance of unsecured subordinated debt

X119.9

Accounting treatment

X126.5

Issuance of redeemable shares: conditions; certification and report;

sanctions

X151.2

Prerequisites for the grant of authority to establish a branch

X190.4

Disclosure   requirement   in   the   notes   to   the   audited   financial statements

X192.9

Publication/Posting of balance sheet

X256.5

Guidelines in calculating and reporting to the Bangko Sentral the required reserves on deposit substitutes evidenced by repurchase

agreements covering government securities

X268.3

Approval/Renewal of the line

X301.6

Large exposures and credit risk concentrations

X303.1

Definition of terms

X1628.3

Capital treatment of investments in CLNs

App. 16

Implementing  Guidelines  of  the  Countryside  Financial  Institutions

Enhancement program

App. 46

Guidelines  to  Incorporate  Market  Risk  in  the  Risk-Based  Capital

Adequacy Framework

App. 46b

Instructions for  Accomplishing the  Report  on  Computation of  the

Adjusted Risk-Based Capital Adequacy Ratio Covering Combined Credit Risk and Market Risk (For Universal Banks and Commercial Banks With Expanded Derivatives Authority)

App. 46c

Instructions for  Accomplishing the  Report  on  Computation of  the


 

Adjusted Risk-Based Capital Adequacy Ratio  Covering Combined

Credit Risk and Market Risk (For Universal Banks and Commercial

Banks  with  Expanded  Derivatives  Authority  but  Without  Options

Transactions)

App. 46d

Instructions for  Accomplishing the  Report  on  Computation of  the

Adjusted Risk-Based Capital Adequacy Ratio Covering Combined Credit Risk and Market Risk (For Universal Banks and Commercial Banks Without Expanded Derivatives Authority)

App. 55

Small and Medium Enterprise Unified Lending Opportunities for National Growth Bank Accreditation Application for Rural and Thrift Banks Eligibility and Documentary Requirements

App. 56a

Accounting  Guidelines  on  the  Sale  of  Non-Performing  Assets  to

Special Purpose Vehicles and to Qualified Individuals for Housing

Under “The Special Purpose Vehicle Act of 2002

App. 63

Implementation Plans Under the New International Capital Standards as  Contained  in  the  Basel  Committee  on  Banking  Supervision

Document International Convergence of Capital Measurement and

Capital Standards

App. 63b

Risk-Based Capital Adequacy Framework for the Philippine Banking

System

App. 63b-1

Guidelines on the Capital Treatment of Banks Holdings of Republic of the Philippines Global Bonds Paired with Warrants

App. 63b-2

Guidelines on the Use of the Standardized Approach in Computing

the Capital Charge for Operational Risks

App. 63d

Risk-Based  Capital  Adequacy  Framework  for  the  Banks  on  the

Definition of Qualifying Capital Instruments


Section  11.  The  word  “issued”  in  the  second  paragraph  of  Item  “d”  in Subsection X178.13 under Circular No. 855 dated 29 October 2014 is hereby changed to “is used”.

FOR THE MONETARY BOARD:

(SGD) AMANDO M. TETANGCO, JR.
Governor
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