8 big banks violated DOSRI rule – BSP
By LEE C. CHIPONGIAN
November 30, 2010, 8:00pm
MANILA, Philippines – The Bangko Sentral ng Pilipinas (BSP) is closely monitoring eight commercial banks found to have violated provisions of the DOSRI rules, or loans to directors, officers, stockholders and their related interests.
The BSP's policy-making body, the Monetary Board, have noted the list of erring banks.
The BSP is also looking into thrift banks and rural banks with assets of more than P1 billion for DOSRI rule non-compliance.
There are 37 commercial and universal banks in operation in the Philippines, 37 thrift banks of a total 74 under BSP supervision with total assets exceeding P1 billion and 23 rural banks of 661 with assets above P1 billion.
Sources at the BSP said of 37 thrift banks with assets of over P1 billion, 13 are found to have violated the DOSRI rule, while 23 of the rural banks with assets of more than P1 billion are also identified for non-compliance.
Under Section 36 of the General Banking Law of 2000, the BSP is authorized to implement restrictive DOSRI rules. Other BSP regulations also allow the central bank to limit banks' loans and other credit relating to DOSRI.
Sources at the BSP said the nature of the violations committed include, among others, excess or breach of DOSRI caps and failure to report the loans. The banks may have also used dummy accounts for the borrowers, said sources.
In May last year, the BSP relaxed the DOSRI regulations on bank loans to subsidiaries in the energy and power generation sectors so long as these projects are in line with the government's Medium Term Development Program or part of the public investment strategies.
BSP Circular No. 654 amended the ceiling on loans, other credit and guarantees to subsidiaries and affiliates of banks/quasi-banks with businesses in energy and power generation by allowing a separate individual limit to loans of banks/quasi-banks of 25 percent of the net worth of the lending bank provided that the unsecured portion will not exceed 12.5 percent.
Last November 19 the BSP's Monetary Board, after shelving a similar proposal, announced that it has approved a separate single borrower's limit of 25 percent for three years for infrastructure and/or development projects undertaken under the Public-Private Partnership Program of the government. Sources said the move was "perfectly timed" for the Aquino government's PPP pilot program.
At the moment, DOSRI individual limit or ceiling is 10 percent and five percent for unsecured limits, and aggregate 20 percent limit on loans, other credit accommodations and guarantees granted by banks to their subsidiaries and/or affiliates.
In the past, the BSP has been known to be 'harsh' on DOSRI transactions but in the last years after 2003, it has been conducting reviews on relaxing circulars.
At one point the BSP also considered removing the coverage of bank subsidiaries or the RI (related interests) in DOSRI.
It was in April, 2004 when the BSP expanded the definition of RI, which covered corporations, associations or firms that own or control at least 20 percent of the subscribed capital of a substantial stockholder of the lending bank.
Also included in the definition were corporations, associations or firms in which the lending bank owned at least 20 percent of the subscribed capital. If the entity has an existing management contract or any similar arrangement with the lending bank, they would also be considered "related interests."
The BSP review removing loans to subsidiaries as DOSRI is an easing of the 2004 circular. Subsidiaries refer to a corporation or firm, of which more than fifty percent of the outstanding voting stock is "directly or indirectly owned, controlled or held with power to vote by its parent corporation."
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