Beruflich Dokumente
Kultur Dokumente
General Objective:
To be familiarized with the provisions of the
General Banking Law of 2000, and Basel I, II, and
III, as well as jurisprudence involving the said laws.
Objectives
R.A. 8791
AN ACT PROVIDING FOR THE
REGULATION OF THE ORGANIZATION
AND OPERATIONS OF BANKS, QUASI-
BANKS, TRUST ENTITIES AND FOR OTHER
PURPOSES
Short Title: General Banking Law of 2000
1. Banks
A. Definition
B. Nature of business
C. Authority to incorporate and operate
D. Classification of Banks
A. Definition
Yes.
Sec. 2, GBL.
Republic v. Security Credit and Acceptance
Corporation.
Funds were derived from the public;
Lent out the deposit to persons;
Violation - engaging in banking without
securing the administrative authority
required in Republic Act No. 337.
A. Definition
Reserve Requirements
Single Borrowers Limit
Lending Restrictions to Bank Insiders (DORSI)
Loan-Loss Provisions
Deposit Insurance
Equity Investment Limits
Capital Adequacy
BSP Lender of last resort
Prudential Measures
Reserve Requirements
Single Borrowers Limit
Lending Restrictions to Bank Insiders (DORSI)
Loan-Loss Provisions
Deposit Insurance
Equity Investment Limits
Capital Adequacy
BSP Lender of last resort
Prudential Measures
Reserve Requirements
Single Borrowers Limit
Lending Restrictions to Bank Insiders (DORSI)
Loan-Loss Provisions
Deposit Insurance
Equity Investment Limits
Capital Adequacy
BSP Lender of last resort
Prudential Measures
Reserve Requirements
Single Borrowers Limit
Lending Restrictions to Bank Insiders (DORSI)
Loan-Loss Provisions
Deposit Insurance
Equity Investment Limits
Capital Adequacy
BSP Lender of last resort
Prudential Measures
Reserve Requirements
Single Borrowers Limit
Lending Restrictions to Bank Insiders (DORSI)
Loan-Loss Provisions
Deposit Insurance
Equity Investment Limits
Capital Adequacy
BSP Lender of last resort
Prudential Measures
Reserve Requirements
Single Borrowers Limit
Lending Restrictions to Bank Insiders (DORSI)
Loan-Loss Provisions
Deposit Insurance
Equity Investment Limits
Capital Adequacy
BSP Lender of last resort
Prudential Measures
Reserve Requirements
Single Borrowers Limit
Lending Restrictions to Bank Insiders (DORSI)
Loan-Loss Provisions
Deposit Insurance
Equity Investment Limits
Capital Adequacy
BSP Lender of last resort
Prudential Measures
Reserve Requirements
Single Borrowers Limit
Lending Restrictions to Bank Insiders (DORSI)
Loan-Loss Provisions
Deposit Insurance
Equity Investment Limits
Capital Adequacy
BSP Lender of last resort
D. Classification of Banks
Simple Loan
Fixed, savings and current deposits of money in
banks and similar institutions shall be governed by
the provisions concerning simple loan (Article
1980, Civil Code of the Philippines).
Problem
A deposited in Bank X;
Bank used the money;
A would like to withdraw but the Bank cannot
pay;
Is the Bank liable for estafa?
Answer
No.
Guingona v. City Fiscal of Manila, 128 SCRA
577
Since the bank is the borrower, it can make
use as its own the money deposited, and the
amount is not held in trust for the depositor
nor is it kept for safekeeping. (Tang Tiong Tick
v. American Aphothecaries, 65 Phil. 414)
Problem
A deposited in Bank X;
B alleges that the money deposited by A
belongs to him;
A withdraws from the bank;
Is Bank X liable?
Answer
No.
Third persons who may have the right to the
money deposited cannot hold the bank
responsible unless there is a court order or
garnishment, since the duty of the bank is to
the creditor-depositor and not to third
persons.
Fulton Iron Work v. Chinabank, 55 Phil. 208
Problem
A deposits in Bank X;
Bank X loans out money to A;
If A defaults in payment, can Bank X off of the
deposits in its hands for the payment of As
indebtedness?
Answer
Yes.
A bank has a right of set off of the deposits
in its hands for the payment of any
indebtedness to it on the part of a depositor.
Gullas v. PNB, 1935
Kinds of Deposit
1. Demand deposits
The depositor can take out his funds any time.
No interest is paid by the bank
The depositor can withdraw the money he
deposited on the very same day.
Kinds of Deposit
2. Savings Account
Evidenced by a passbook
Has interest rate, but not as high as time deposits.
3. Time Deposit
Has a fixed term
Money deposited cannot be withdrawn within a
certain period
Has a higher rate of interest than saving account.
Kinds of Deposit
GENERAL RULE:
CANNOT BECOME AN OBLIGOR OF THE BANK.
cannot borrow from bank;
cannot become a guarantor, indorser or surety for
loans from such bank to others;
DORSI Account
EXCEPTION:
written approval of the majority of all the
directors
entered upon the records of the bank
copy of such entry transmitted to BSP.
Such written approval shall not be required for loans,
other credit accommodations and advances granted to
officers under a fringe benefit plan approved by the
BSP.
DORSI Account
Engaging in insurance
Borrowers of Banks
3. Ownership of Banks
A. Foreign Ownership
B. Filipino Stockholdings
C. Stockholdings of Family Groups and Related
Interests
Foreign Ownership
Foreign stockholdings
Up to 40% of the voting stock of domestic banks
Foreigners - total equity participation
Corporate stockholder citizenship is determined
by citizenship of controlling stockholders
Filipino Ownership
Filipino stockholdings
Section 11 of the GBL applies to Filipinos and
domestic non-bank corporations.
individual equity participation should not exceed
40% of the voting shares
Family Groups and Related Interests
No prohibition
Full disclosure
4. Directors and Officers
A. Composition of Board
B. Meetings
C. Qualifications
Composition of BOD