FM2 Notes
FM2 Notes
Sec. 14. Reserve Requirement Differential. — — The foreclosure of mortgage covering loans
Reserve requirement imposed on thrift banks by granted by thrift banks and executions of
the Monetary Board shall enjoy equitable judgments thereon involving real properties and
preferential terms over those imposed on levied upon by a sheriff shall be exempt from
commercial banks: Provided, That the Monetary publication requirements where the total
Board may change reserve differentials for the amount of the loan, excluding interest due and
purpose of stimulating economic growth in the unpaid, does not exceed One hundred thousand
countryside, thereby promoting national pesos (P100,000) or such amount as the
economic development. Monetary Board may prescribe, as may be
warranted by the prevailing economic
Sec. 15. Liberalized Branching Rules. conditions and by the nature of service of
customers served by each category of the thrift
— Thrift banks shall have unrestricted branching bank. It shall be sufficient publication in such
right within the region, free from any cases if the notice of foreclosure and execution
assessment or surcharges required in setting up of judgment are posted in the conspicuous area
a branch, but under coordination with the of a thrift bank's premises, municipal building,
Bangko Sentral which will have to assess that the municipal public market, the barangay hall,
there are qualified personnel, control and and the barangay public market, if there be any,
procedures to operate the branch. where the land mortgaged is situated within a
Sec. 16. Notices of Statement of Condition. period of sixty (60) days immediately preceding
the public auction of the execution of judgment.
— Subject to Monetary Board approval, a thrift Proof of publication as required herein shall be
bank may publish its statement of condition in a accomplished by an affidavit of the sheriff or
newspaper of general circulation, or post it in officer conducting the foreclosure sale or
the most conspicuous area of its premises, execution of judgment and shall be attached
municipal building, municipal public market, with the records of the case. A thrift bank shall
barangay hall and barangay public market if be allowed to foreclose lands mortgaged to it;
Provided, That said lands shall be covered under six (6) months but not more
Republic Act No. 6657. than ten (10) years, or both, at
the discretion of the court, shall
Sec. 19. Exemption from Notarial Charges. — be imposed upon: (a) Any
officer, employee, or agent of a
Any metropolitan, municipal, or municipal thrift bank who shall:
circuit trial court judge in his capacity as notary (1) Make false entries in any
public ex officio shall administer the oath to or bank report or statement
acknowledge the instrument of any thrift bank thereby affecting the
and its borrowers or mortgagor free from all financial interest of, or
charges, fees and documentary stamp tax, causing damage to, the
collectible under existing laws, relative to any bank or any person; or
loan or transaction not exceeding Fifty pesos (2) Without order of a court
(P50.00) or such amount as the Secretary of of competent jurisdiction,
Finance, upon recommendation of the disclose any information
Monetary Board, may prescribe as may be relative to the funds or
necessary to promote and expand the economy. properties in the custody
Sec. 20. Exemption from Registration Fees. — of the bank belonging to
Any register of deeds shall accept from any private individuals,
thrift bank and its borrowers and mortgagors for corporations, or any other
registration, free from all charges, fees and entity; or
documentary stamp tax, collectible under (3) Accept gifts, fees or
existing laws, any instrument, whether commissions or any other
voluntary or involuntary, relating to loans or form of remuneration in
transactions extended by any thrift bank in an connection with the
amount not exceeding Fifty thousand pesos approval of a loan from
(P50,000): Provided, however, That charges, if said bank; or
any, shall be collectible on the amount in excess (4) Overvalue or aid in the
of Fifty thousand pesos (P50,000); and that an overvaluing any security
instrument related to assignments of several for the purpose of
mortgages consolidated in a single deed, if any, influencing in any way the
shall be levied only on the amount in excess of action of the bank on any
Fifty thousand pesos (P50,000) of the loan; or
consideration in the assignment of each (5) Appear and sign as
mortgage, or such amount as the Secretary of guarantor, indorser, or
Finance, upon recommendation of the surety for loans granted;
Monetary Board, may prescribe as may be or
necessary to promote and expand the economy. (6) Violate any provision of
this Act.
CHAPTER VIII PROHIBITIONS (b) (b) Any applicant for a loan from, or
borrower of a thrift bank who shall:
Sec. 21. Prohibited Acts. (1) Misuse, misapply or divert the
proceeds of the loan obtained
(1) Without prejudice to any by him from its declared
prosecution under any law purpose; or
which may have been violated, (2) Fraudulently overvalue property
a fine of not more than Ten offered as security for a loan
thousand pesos (P10,000) or from said bank; or
imprisonment for not less than
(3) Give out or furnish false or banking, not authorized under this
willful misinterpretation of Act or existing laws which shall use
material facts for the purpose of the words "Development Bank,"
obtaining, renewing, or "Savings Bank," "Mortgage Bank,"
increasing a loan extending the "Savings and Mortgage Bank," or
period thereof; or "Savings and Loan Association," as
(4) Attempt to defraud the said part of the name or title of such
bank in the event of court bank or of such person, association,
action to recover the loan; or or corporation, shall be punished by
(5) Offer any officer, employee or a fine of not less than One hundred
agent of a thrift bank a gift, fee, pesos (P100), but in no case to
commission or other forms of exceed Thirty thousand pesos
compensation in order to (P30,000), for each day during
influence such bank personnel which the said words are so used.
into approving a loan
application; or CHAPTER IX GENERAL PROVISIONS
(6) Dispose or encumber the Sec. 22. Minors as Depositors.
property offered as security for
the loan. — Minors in their own rights and in their own
(c) Any examiner, or officer or names may make deposits and withdraw the
employee of the Bangko Sentral or same, and may receive dividends and interest:
of any department, bureau, office, Provided, however, That, if any guardian shall
branch, or agency of the give notice in writing to any thrift bank not to
government who is assigned to make payments of deposits, dividends, or
examine, supervise, assist or render interest to the minor of whom he is the
technical service to thrift banks and guardian, then such payment shall be made only
who shall connive or aid in the to the guardian. Sec. 23. Return of Deposits. —
commission of the same. Deposits shall be returned to the depositors or
(d) Any metropolitan, municipal, or to their legal representatives in the manner and
municipal circuit trial court judge or at the time and under the conditions which shall
register of deeds who shall demand be determined by the board of directors and
or accept, directly or indirectly, any stipulated in regulations which shall be in
gift, fee, commission, or any other conformity with laws and with such regulations
form of compensation in connection as the Monetary Board may prescribe.
with the service, or shall arbitrarily
and without reasonable cause delay Sec. 24. Deposit Insurance.
the acknowledgment or
administration of oath or the — Deposit in thrift banks shall be eligible for
registration of documents required insurance coverage under Republic Act No.
to be performed by said judge or by 3591, as amended. Sec. 25. Annual Fees. —
said register of deeds shall be Consistent with the provisions of
punished with a fine of not more
than One (1) thousand pesos Section 28 of Republic Act No. 7653,
(P1,000) or by imprisonment of not
more than one (1) year, or both, at any thrift bank organized under this Act may,
the discretion of the court. pursuant to regulations promulgated for the
(e) Any bank not organized under this purpose by the Monetary Board, be required to
Act and any person, association, or contribute to the Bangko Sentral an annual fee
corporation doing the business of in an amount to be determined by the
Monetary Board. Sec. 26. Implementation. — provision of this Act, shall apply to thrift banks
For the purpose of carrying the objectives of organized hereunder.
this Act, the Bangko Sentral is authorized to Sec. 32. Effectivity.
require the services and facilities of any
department or instrumentality of the — This Act shall take effect fifteen (15) days
government or any officer or employee of any following the completion of its publication in
such department or government the Official Gazette or in two (2) national
instrumentality. newspapers of general circulation. Approved:
Sec. 27. Annual Report. February 23, 1995
CREDIT UNIONS
-Are cooperative organized by people from the same
organization like farmers, fishermen, teachers, sailors,
and employees of one company.
-Grant loans to members and get deposits from them
-Members avail loans as multiple of their deposits .
-Under the supervision of the COOPERATIVE
DEVELOPMENT AUTHORITY under the OFFICE OF THE
PRESIDENT