By Lawrence Agcaoili (The Philippine Star) Updated March 31, 2012 12:00 AM
MANILA, Philippines - American banking giant Citibank NA is pushing for
amendments to the existing law on micro, small, and medium enterprises
(MSMEs) to level the playing field between local and foreign-owned banks.
Citi country officer Sanjiv Vohra said in an interview with reporters
that foreign banks are looking forward to changes in existing law to
allow them to provide capital to businesses currently not covered by the
existing legislation for MSMEs.
Vohra pointed out that the relevant amendment is now being threshed out
in the House of Representatives and its counterpart measure in the Senate.
The House of Representatives enacted Republic Act 6977 otherwise known
as "The Magna Carta for Small and Medium Scale Enterprises" in 1991 but
was amended through RA 8289 in 1997 and RA 9501 in 2008.
Section 3 of the law defines MSMEs as any business activity or
enterprise engaged in industry, agribusiness and/or services, whether
single proprietorship, cooperative, partnership or corporation whose
total assets, inclusive of those arising from loans but exclusive of the
land on which the particular business entity's office, plant and
equipment are situated.
Enterprises are classified as micro if their assets are not more than P3
million while those with assets of between P3 million and P15 million
are classified as small. On the other hand, medium enterprises are
companies with assets of between P15 million and P100 million.
The law provides that the definitions should be subject to review and
adjustment by the Micro, Small and Medium Enterprises Development
(MSMED) Council upon recommendation of sectoral organizations concerned,
taking into account inflation and other economic indicators.
The law permits even foreign lenders to acquire real-estate properties
offered as collateral by defaulting borrowers so long as these
properties are disposed of within five years.
While this provision allows both local and foreign lenders the same kind
of protection in case of borrower default, Vohra said the recognized
asset threshold of P100 million for SMEs is too low for foreign lenders
like Citi.
"For us, micro, small and medium scale entrepreneurs go beyond assets
than the law limits at only P100 million," he said.
Section 13 of the law provides that all lending institutions are
required to set aside a portion of their total loan portfolio based on
their balance sheet. Lenders should set aside should at least be five
percent by the end of the year of the effectivity of the law, 10 percent
by the end of the second year through the end of the fifth year, and
five percent by the end of sixth year and may come down to zero by the
end of the seventh year.
The Bangko Sentral ng Pilipinas (BSP) has boosted the industry's lending
program for MSMEs by launching 21 credit surety fund (CSF) programs
across the country.
Initiated in August 2008, the CSF is a fund created through the pooling
of cash contributions from participating cooperatives with an equivalent
counterpart contribution from the local government unit and donations
from partner institutions.
In lieu of acceptable collaterals, the fund would serve as guarantee for
loans extended by banking institutions to MSMEs participating in the
program.
The innovative credit enhancement program is aimed at meeting the
financing requirements of enterprising cooperatives and capital-short
businessmen who often experience difficulty in obtaining loans from
banks due to lack of collaterals and credit track records.
Under the CSF Program, a formal source of credit may now be accessed
even in the absence of acceptable collaterals by way of a surety cover
issued by the CSF in favor of the lending bank.
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